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Home My WebLink AboutPACKET Town Board 1996-01-09BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 9, 1996 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 December 5, 1995. 2. Bills. 3. Committee Minutes: A. Board of Adjustment, December 5, 1995 and January 2, 1996 (acknowledgement only). B. Community Development Committee, December 7, 1995 and January 4, 1996. C. Planning Commission, December 19, 1995 (acknowledgement only). D. Public Safety Committee, December 21, 1995. 4. Special Review #95-4 for Lots 7, 8, 25 and a Portion of Lot 24, Block 10, Town of Estes Park, Rex Miller/Applicant - Motion to withdraw plat. 5. Resolution #1-96 - Setting public hearing on January 23, 1996 for New Hotel and Restaurant Liquor License Application submitted by Casa Casa, LLC, dba GRUMPY GRINGO, 1560 Big Thompson Ave. (formerly Roth's Restaurant). ACTION ITEMS: 1. Estes Park Volunteer Fire Department - Presentation of 1995 Annual Report - Chief Rumley, Secretary/Treasurer Chrastil. 2. Community Development Committee, January 4, 1996: A. 1996 Fulfillment Program Agreement with Chamber of Commerce and A-C Book Committee. B. 1996 Lions Club Concession Stand Lease. 3. Planning Commission, December 21, 1995: A. Public Hearing. Amended Plat of Lot 9, Brookside Subdivision, Estes Homes/Applicant. B. Public Hearing. Ordinance #1-96 Amending Chapters 16 and 17 Requiring Owner signatures on Land Use Applications. 4. Liquor Licenses: A. Public Hearing. New 3.2% Retail Beer License Application filed by James L. and Lloyd W. Barleen, dba B&B FOOD 1 MART, 1110 Woodstock Dr. (formerly Barleen's Theater). B. Transfer of Ownership. From Crown & Thistle, Inc. to LK & A Investments, Inc., dba LULU'S CORNER DELI, 206 E. Elkhorn Ave. (formerly Matinee Cafe). 5. Town Administrator's Report: A. Health Insurance Update. Adjourn as Board of Trustees Convene as Estes Park Housing Authority 1. Future of Lone Tree Village Project - Discussion. Convene as Board of Trustees 1. Motion to enter Executive Session to discuss potential litigation matters. 2 December 5 95 Town of Estes Park, Larimer County, Colorado, . . . . . . . . . ., 19. . . regular Minute, of a........ meeting of the Board of Trusteeâ€¢ of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in Bald Town of Estes Park on the . .5!14 . day of .... pecQIÂ®er., A. D., 1995. . at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor .................. ....... Pregent: Mayor Dannels Trusteei: Robert L. Dekker Mayor ProTem I Susan L. Doylen Stephen W. Gillette William J. Marshall Michael E. Miller Also Present: J. Donald Pauley Gary F. Klaphake, Town Administrator Greg White, Town Attorney Tina Kuehl, Deputy Town Clerk Abment: None Mayor Dannels called the meeting to order at 7:30 p.m. PUBLIC INPUT Trustee Doylen spoke on behalf of Louis O'Riordan, who wished to express his support of the Lone Tree Village housing issue and encourage citizens to vote on December 12. CONSENT CALENDAR: 1. Town Board minutes dated November 28, 1995. 2. Bills. It was moved and seconded (Dekker-Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Storer Ranch Rezoning Request. 1. Developer Rich Wille Proposal. Mayor Dannels opened the Public Hearing. Community Development Director Stamey reported a letter dated December 4, 1995, was received from George Goddard, on behalf of a portion of the Storer Ranch owners, stating that they do not support the rezoning request as there is no agreement between the owners and Rich Wille. Stamey further stated that the Planning Commission recommended termination of this proposal and denial of the Lone Pine proposal. John Spooner, Van Horn Engineering, requested the Town consider establishing conditional zoning. Hearing no further comments, Mayor Dannels closed the Public Hearing. Attorney White explained conditional zoning, PUD's and "holding zones" . White further noted that multi- family use is acceptable in a C-0 zone; however Mr. Wille's proposal included a request for rezoning. It was moved and seconded (Doylen-Gillette) that termination, as recommended by the Planning Commission, of Mr. Wille's rezoning request of Lots 8-11, Mountain Park Subdivision (Storer Ranch Addition) be approved, and it passed unanimously. 2. Lone Pine Proposal. Mayor Dannels opened the Public Hearing. Ralph Nicholas, 1660 North Ridge Ln., spoke on behalf of concerned citizens in the community as well as Lone Board of Trustees. December 5, 1995 - Page 2 Pine residents for acceptance of rezoning of 17 acres of Storer Ranch Addition from C-0 to E-Estate, noting protection ~ of elk migration areas and the citizen's desire for low density. Mr. Nicholas announced that a citizen's initiative i will be filed with the Town Clerk to 'place the rezoning question of this area on the ballot in April 1996. Linda Tucker, 741 Lone Pine Dr., stated that the Planning Commission ! classified their original petition as a request, although it I was referred to as a petition in meetings and in conversations with Staff. Ms. Tucker clarified that the Lone Pine residents are not against condominium. residents, rather against dense population in open space areas. George Hockman, 1625 Prospect Estates Dr., suggested that certain areas in the Town be classified as high density, affordable housing to avoid future conflict. Administrator Klaphake explained that the Code allows for affordable housing density bonUs available on a site-specific basis. Klaphake further explained that a petition is an official request for an initiated ordinance filed with the Town to adopt an ordinance or set an election, whereas a formal request has no legal standing but may be referred to as a petition. Hearing no further comments, Mayor Dannels closed the Public Hearing. Trustee concerns were the criteria used for each proposal, potential litigation by the Storer Ranch owners, and the difficulty of providing transitional zoning. Attorney White explained that Mr. Wille's interest in the property expired with his contract; zoning is not a vested right; and the possibility of a lawsuit by the owners for any action taken by the Town is purely speculation. Director Stamey noted that the Droposed Comprehensive Plan has designated that area as mixed use, both commercial and residential. Trustee Miller referred to the 79 signatures on the Lone Pine petition request and stated that zoning decisions are the responsibility of the Planning Commission. Administrator Klaphake explained that a proposal initiated by the Commission was presented to and refused by the owners, the developer, and the neighbors. Planning Commission Chairman Sager reviewed the actions by the Planning Commission regarding the Storer Ranch rezoning requests. It was moved and seconded (Miller-Gillette) that the Lone Pine Proposal B be referred back to the Planning Commission for a recommendation into what zoning classification the property should be zoned. Chairman Sager objected to this motion stating that the Commission's recommendation to the Board of Trustees was the result of continual deliberation. Those voting "Yes": Trustees Gillette and Miller. Those voting "Nop: Trustees Dekker, Doylen, Marshall, and Pauley. The motion failed. It was moved and seconded (Dekker-Marshall) that Zoning Proposal B be denied pursuant to the recommendation of the Planning Commission. Trustee Gillette stated that he does not support zoning as presented or by initiative. Trustee Doylen stated no support of the zoning request as presented. Those voting "Yes": Trustees Dekker, Doylen, Marshall, and Pauley. Those voting "No": Trustees Gillette and Miller. The motion passed. Trustee Miller stated that the Board's responsibility is to.make decisions, no matter how difficult. Trustee Dekker encouraged the owners, developers, and neighbors to work together toward a solution. B. Town of Estes Park. Amended Plat of Lots 7. 8. 25 and a Portion of Lot 24. Block 10. Rex Miller/Applicant. It was I moved and seconded (Doylen-Gillette) this item be continued to I January 9, 1995, and it passed unanimously. 2. Glacier Creek Water Tank Bid Presentation. Public Works Director Linnane presented three bids for construction of the Glacier Creek 1.0 million gallon water storage tank: Duckels Construction, Inc. $ 742,905 Park Construction, Inc. $ 783,586 Lillard & Clark Construction Co. $1,081,115 Board of Trustees, December 5, 1995 - Page 3 Director Linnane noted that the remaining budget, after purchase of the tank site property from the YMCA, is $734,699. Although the low bid from Duckels Construction is over budget, the $8,206.00 difference can be funded by the 1995 Glacier Tank Engineering Services account which is approximately $30,000 under budget. The 1996 budget will cover any change orders, whicktypically range from 1% to 10% of the total bid price. It was moved and seconded (Gillette-Pauley) that the Duckels Construction bid of $742,905 for construction of the Glacier Creek Water Tank be approved, and it passed unanimously. 3. Resolution #34-95 - Druq and Alcohol Testing Policy. Administrator Klaphake explained that the United States Department of Transportation requires all municipalities to comply with drug and alcohol testing for CDL-licensed drivers. Town Attorney White read the Resolution. It was moved and seconded (Doylen-Pauley) that Resolution #34-95 be approved, and it passed unanimously. 4. Snecial Events/EVRPD Agreement for Use of Barn W. Special Events Director Hinze reported that an Agreement between the Town and EVRPD has been reached regarding the use of Barn W for an in-line skating program between December and April. The Town will provide the District with a key to the entrance on Manford Ave. and to Barn W and pay for electric use. The District will pay a fee of $10.00 per use, and will provide a net to protect walls and stored vehicles, protective padding, snow removal when needed, supervision, and insurance. It was moved and seconded (Doylen-Gillette) the Agreement between the -2 Town and EVRPD for an in- line skating program be approved, and ~ it passed unanimously. 5. Department of Revenue, Motor Vehicle Division - Lease Extension for Driver's License Office Space. Administrator Klaphake explained that when the county offices relocate, the State Driver's License office will remain at the Municipal Building. The present lease expires December 31, 1995, with the annual rent at $10.00 per square foot, or $3,760.00 per year. The renewal lease is through 1998 at an increase in rent to $10.80 per square foot. It was moved and seconded (Dekker-Pauley) the Lease Extension Agreement with the State of Colorado for the Driver's License Office space in the Municipal Building be approved, and it passed unanimously. 6. Liquor License. Transfer of Ownership from Susan Johnston, Randv Anderson, and Vern Beniamin to Susan Johnston and Randy Anderson, dba Mollv B Restaurant, Beer & Wine Liquor License, 200 Moraine Ave.. Administrator Klaphake advised that the application is in order. It was moved and seconded (Doylen- Gillette) the Transfer of Ownership to Susan Johnston and Randy Anderson, dba Molly B Restaurant be approved, and it passed unanimously. 7. Estes Vallev Public Librarv District - Appointments. It was moved and seconded (Pauley-Marshall) Wilbur Coyle and Allan Wasson be appointed to the Estes Valley Library District for four-year terms, expiring 12-31-99, and it passed unanimously. 8. Museum Advisory Board - Appointments. It was moved and seconded (Doylen-Dekker) Eugene Oja and Nancy Sciaffo be appointed to four-year terms, expiring 1-1-2000, and Jack Melton be appointed to a one-year term, expiring 1-1-97, and it passed unanimously. 9. Town Administrator's Report. A. New Health Insurance Plan. Administrator Klaphake explained that current employee health benefits due to expire at the end of the year have been extended to Board of Trustees, December 5, 1995 - Page 4 February 1, 1996. A recommendation for a new plan will be presented in January. B. Ordinance Amending Chapter 16 & 17. Administrator Klaphake explained that the Planning Commission will conduct a public hearing regarding an amendment to Chapter 16 & 17 of the Municipal Code' to require owner signature of all land use applications, after which an Ordinance will be presented to Town Board. C. New Fire Station. Administrator Klaphake, Attorney White, and Trustee Gillette continue to meet with the Fire Department volunteers to discuss the time line for the new fire station construction. The design phase will continue through March, with construction bids awarded in April, construction complete in late July, and occupancy in late summer. A contract has been negotiated with Thorp & Assoc. in the amount of $57,650.00, which includes complete blueprints, architectural designs, and engineering. It was moved and seconded (Gillette-Dekker) the contract with Thorp & Assoc. be approved, and it passed unanimously. Trustee Marshall commended Staff and the Fire Department for their active roles in completing this project. Mayor Dannels adjourned the meetirig at 8:55 p.m. Mayor Deputy Town Clerk A I 8~ADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment December 5, 1995 Board: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Attending: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Also Attending: Senior Planner Joseph and Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. MINUTES The minutes of the October 3, 1995 meeting were accepted as presented. DEVILLE SUBDIVISION, LOT 10. 1191 GRAVES AVENUE, GERALD E. PALMER/ APPLICANT -- REOUEST FOR SETBACK VARIANCE. Senior Planner Joseph reported the Applicant is requesting variances as follows: 1. Section 17.24.010. Four parking spaces are proposed next to the street with no separation from street lines by dense planting. In addition, the parking spaces at the north end of the site were drawn at 7' rather than the required 9', reducing the proposed number of spaces by three and leaving the Plan one space short of the required 26 spaces. 2. Section 17.20.040,B.,1.a. Applicant is requesting a variance to 20' 6", and the requested setback is 25' from the street. 3. Section 17.20.060. In the C-O District the gross floor area of all floors in a building on the premises shall not exceed one-quarter times the lot area. In this instance, 5,892 sq. ft. are allowed. The Applicant is proposing 6,800 sq. ft. 4. Section 17.20.070. Impervious coverage is limited to 18,854 sq. ft. The Applicant is requesting 22,819 sq. ft., or 96.8% of the lot. Applicant Jerry Palmer reported the building was originally constructed 10' below street level, and his proposal would improve the visibility of the building, allow for handicapped access, provide additional covered parking under the street level, include landscaping, improve safety, and produce an architecturally- pleasing structure. Member concerns included the required parking spaces, drainage, architectural design, and future uses. Mr. Palmer responded that angular parking along the building could produce more parking spaces, that the large rocks in the northeast corner and the proposed landscaping will provide drainage retention, the architecture will be consistent with the adjacent neighborhood, and future use cannot be anticipated but it is not expected to change from the present, used for both service commercial and office space. Planner Joseph reported the parking available inside the existing building was not included in the total parking provided. The required parking demand was calculated using the demand rate of wholesale and industry for the existing building (1 space/300 sq. ft.) and the retail/office space rate of 1 space/200 sq. ft. for the proposed 2,000 sq. ft. addition. Planner Joseph noted that the position of the existing building on the lot presents a signif icant . problem in producing a space- efficient parking layout around the building. Al McGill, 1180 Woodstock Dr., expressed concern about drainage and safety and â€¢â€¢â€¢0,0.0 .U.I.,SHING co. RECORD OF PROCEEDINGS Board of Adjustment, December 5, 1995 - Page 2 suggested improvements to the proposal to accommodate these concerns. A letter was received from John and Peggy Lynch, 1180 Graves Ave., expressing concern about landscaping, parking, impervious coverage, architecture, and fill bank stabilization. A memo from Director Stamey commented on the following: the need for landscaping along the north and east property lines, the location of on-street parking in the right-of-way to allow for front yard landscaping, the correct width for parking spaces would reduce the total spaces from 11 to 8, the nontcompliance with the required 26 parking spaces, and the lack of evidence regarding an exceptional condition or hardship to exbeed the 25% floor area. Planner Joseph added that the Public Works Department requested that the owner be responsible for snow removal of on-street parking spaces and requested that the site would retain the increased run-off flow rate resulting from the paving and building addition. This should be verified by a drainage analysis prepared by a professional engineer. Also, the ouner should be responsible for the expenses of relocating a power pole along Graves Ave. Planner Joseph noted that the 2,000 sq. ft. size of the addition warrants Planning Commission approval. At the suggestion of Member Sager, Mr. Palmer agreed to decrease the proposed addition to less than 2,000 square foot to avoid this requirement. There being no further discussion, it was moved and seconded (Dekker-Newsom) that, by reason of exceptional narrowness, slope and other extraordinary conditions identified during the meeting, the four variance requests be tentatively granted with the condition that the Applicant revise the proposed plan so as to address the following items at the January 2, 1996 Board of Adjustment meeting, and it passed unanimously: 1. Snow removal from proposed on-street parking to be the property owner's responsibility. 2. Power pole relocation to be made at the owner's expense. 3. Lighting to be the shielded source. 4. Architectural and design elevation drawings to be provided. 5. Fill slopes be stabilized or retained along the west and north property lines. 6. Drainage study to be submitted. 7. Site distance obstruction by the existing tree near the east driveway to be addressed. 8. The four parallel on-street parking spaces be relocated to the street right-of-way, and the possibility of shared parking with neighbors be investigated. 9. Landscaping be increased between the building addition and the street. 10: Landscaping be provided along the east and north property lines. 11. Vicinity map be provided. Applicant Palmer agreed to work with Staff to revise and complete the requests. Member Sager commended ME . Palmer for his desire to comply with the recommendations. Sager noted he may not be in attendance at the next meeting, but he is in favor of the request upon compliance with all conditions. Sager added that a vicinity map should be included in all future applications. There being no further business, Chairman Doylen adjourned the meeting at 9:04 a.m. 1 ~u.â€ž_0~ K-Q-2 Tina Kuehl, Deputy Town Clerk BRADFOROPUBLImMINGCO. RECORD OF PROCEEDINGS Board of Adjustment January 2, 1996 Board: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Attending: Chairman Doylen, Members Dekker, Newsom, and Sager Also Attending: Senior Planner Joseph and Deputy Clerk Kuehl Absent: Member Gillette Chairman Doylen called the meeting to order at 8:00 a.m. MINUTES The minutes of the December 5, 1995 meeting were accepted as presented. DEVILLE SUBDIVISION. LOT 10. 1191 GRAVES AVENUE. GERALD E. PALMER/ APPLICANT -- REOUEST FOR SETBACK VARIANCES. Senior Planner Joseph reviewed the following plan revisions: 1. The Applicant has proposed one-gallon shrubs and 3' trees. Planner Joseph noted that this size of plantings is appropriate for the east and north property lines due to the narrowness of the area; however, Staff recommends that the plantings in front of the building conform to zoning regulations which require a minimum of 2%" caliper trees and 24" shrubs (five-gallon containers). Member Sager expressed concern that in the event the property is sold prior to the completion of the landscape and asphalt requirements (delayed due to the cold weather), a guarantee be provided that these items will be accomplished by the new owner. 2. The property owners will be responsible for snow removal from the proposed on-street parking. 3. A concrete block retaining wall will be constructed along both the west and north property lines. In addition, the wall on the north will be elevated to alleviate adjacent property ~ owner concerns that vehicles could possibly roll down the slope. The Applicant will negotiate with the Mountaineer Restaurant regarding the shared parking and landscaping along the north side. Member Sager noted that Section 17.24.010,B6, of the Code states that there shall be no more than two driveway openings onto any street from any single premise unless each driveway is separated by at least 250'. Planner Joseph reported that the two proposed entrance/egress driveways are labeled as one-way and will be considered one driveway, thus the Code does not apply. 4. Parking space dimensions have been corrected to conform to the required 9' width. The required handicapped parking space needs to be identified. 5. Public Works Director Linnane has agreed to the proposed drainage plan, which requires the site to detain the difference between the existing flow and the developed flow rate, noting that the water flow entering from the street in the southwest corner should not be diverted. The proposed architectural/elevation drawings were discussed. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment, January 2, 1996 - Page 2 It was moved and seconded (Sager-Dekker) that, by reason of exceptional narrowness, slope and other extraordinary conditions, the four variance requests be granted with the following conditions, and it passed unanimously: 1. Provide an Improvement Guarantee. 2. Recognize and mark the required handicapped parking space. 3. Provide landscaping as proposed under item #1 above. 4. Provide a retaining wall for the north and west property lines, with an extended wall on the north as proposed under item #3 above. 5. Furnish shielded source light fixtures. There being no further business, Chairman Doylen adjourned the meeting at 8:22 a.m. -11- K -29 6.? Tina Kuehl, Deputy Town Clerk BRADFOROPUBLIMING CO. RECORD OF PROCEEDINGS Community Development Committee December 7, 1995 Committee: Chairman Doylen, Trustees Dekker and Marshall Attending: Chairman Doylen and Trustees Dekker and Marshall Also Attending: Town Administrator Klaphake, Directors Stamey, Kilsdonk and Hinze, Advertising Manager Marsh, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT Tourism Development Report. Advertising Manager Marsh noted that the name, Tourism Development Report, has been adopted for his advertising report. As of November 30, 1995, decreases from 1994 are as follows: packet requests including USA Weekend counts, 15.5%; comparative counts without USA Weekend responses, 4.9%; and 800 calls, 3.7%. Virtual Visitors Guide Progress Report. Manager Marsh reported the following links to and from this Guide: lodging, Rocky Mountain Nature Association, Rocky Mountain National Park, Estes On-Line, Project Verve, and Wildwatch. Updates are underway including a f press release page, travel advisory page, calendar of events, and Conference Center information. PC Computing magazine included the Virtual Visitors Guide in its "Best 1,001 Internet Sites in the World", without solicitation from Staff. Manager Marsh will serve r on the Internet Working Group, exploring email and other internet application opportunities for the Town. Manager Marsh prepared an internet presentation for a workshop conducted by Mayor Dannels at the NLC Conference. Trustees Dekker and Marshall, who also attended the Conference, reported positive feedback from many municipalities who expressed desire to learn more about Estes Park's advertising process. Magazine Ads. All spring 1996 magazine ads have been placed, and all film and proofs will be shipped next week. MUSEUM Director Kilsdonk reported that the new exhibit, Winter Legacy, opened November 17 with 120-150 people attending a public reception. This exhibit runs through April 8 and captures the history of the Hidden Valley ski area. The Museum Christmas open house is scheduled for December 9 and 10. A bus trip to the Colorado History Museum is scheduled for December 16. Over 100 people attended a November 30 program about Hidden Valley. Visitors to the Museum numbered 1,000+ in October and 248 in November. Upcoming events include a marketing brainstorm session with Front Range experts, submittal of a grant to the Institute of Museum Services, Columbine Group wine and cheese party, snowshoe tour of Hidden Valley, and Colorado-Wyoming Association of Museums workshop. IRADFOROPUaLISHINGCO RECORD OF PROCEEDINGS Community Development Committee, December 7, 1995 - Page 2 SPECIAL EVENTS Stanley Park Restroom Construction. Special Events Director Hinze reported that because the restroom facilities at the fairgrounds do not meet ADA requirements and are in need of repair, many avenues for'an upgrade were pursued during the past year with the following results: l. GOCO grant proposal which was denied. 2. Remodel the existing restrooms. One contractor responded with a bid, noting that it would be impossible to upgrade the women's restroom to ADA requirements. 3. Add men's and women's facilities at the end of the grandstand area at a cost of $45,000 to $50,000, which would not. include upgrading of the present facilities. A plan now being pursued includes the construction of a cement block building with glass blocks for lighting, solar heating, use year-around, ADA accessible, consisting of 8 women's stalls, 3 men's stalls, 3 urinals, 3 shower stalls, and a storage area. This would not meet the requirements when the grandstands are at capacity; however, a larger facility would increase the cost and year around maintenance. Port-a-stalls can be placed on high- capacity occasions (approximately 12 days a year). The restrooms next to the office would be closed to the public and used by Staff and for storage. The cost of this proposed building is approximately $117,000 including water and sewer taps. The budget for 1995 is $60,000. Administrator Klaphake noted that by treating f restroom construction as a priority in 1996, monies can be made available through postponement of other planned projects. Because meeting ADA accessibility is required, the Committee recommended Staff pursue the Stanley Park restroom construction and rehabilitation. 1996 Christmas Parade Evaluation. Director Hinze reported on the success of the Christmas Parade and related activities, including positive sales reports from merchants. Spectator and traffic counts are not yet available, but an increase from last year is speculated. Changes were initiated including new event detour signs, use of Eagle Rock students and Fire Department personnel for crowd control and trash pickup, and ending the parade route at the Chamber Of Commerce with float forming a caravan to the fairgrounds. \ Chairman Doylen commended the volunteers in Estes Park and believes the success of all programs are realized through their efforts. Chairman Doylen thanked the Town Board and Staff for their efforts and support during the past year. There being no further business, Chairman Doylen adjourned the meeting at 8:35 a.m. -TL~ K...iU Tina Kuehl, Deputy Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee January 4, 1996 committee: Chairman Doylen, Trustees Dekker and Marshall Attending: All Also Attending: Ass't. Town Administrator Widmer, Directors Stamey, Hinze, Kilsdonk and Pickering, Manager Marsh, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. 1995 Advertising Report. Advertising responses as of December 31, 1995 were 4.1% below the 1994 level without USA Weekend counts being included in 1994. Telephone inquiries as of November 30, 1995 are running 1.9% below the 1994 level. Staff confirmed that these statistics are similar along the entire Rocky Mountain region. In addition, 1994 was an outstanding year for the tourism industry, and those statistics have inflated expectations. 1996 Advertising Report. Manager Marsh presented copies of the January issue of Southwest Art Magazine, January, 1996 issue where Estes Park was included in the "Explore Coloradols Top Art Towns" article. Staff believes Estes Park was included due in part to the "Arts in the Park" event held last June. 1996 Fulfillment Program Agreement. The Committee reviewed said 1-Year Agreement between the Chamber of Commerce, A-C Book Committee and the Town to provide visitor information services, including answering 800 number calls, mailing the Visitors Guide to advertising responses, and answering and responding to general requests for information. A major change includes a 4% rate increase request; the increase will be allocated toward staffing services. The A-C Book Committee will continue to finance postage costs of the Visitors Guide. Staff confirmed that the increase is included in the 1996 Budget. The Committee recommends approval of the 1996 Fulfillment Program Agreement as presented. 1996 Revisions to the Virtual Visitors Guide. Manager Marsh presented revisions to the Virtual Visitors Guide which are intended to assist the viewer through the web site: Page 1 - added the two award achievements, a table of contents on each side of the photograph (Hallet's Peak); Page 2 - added a monthly calendar link which enables the viewer direct access to any month, this is important due to the length of the calendar (5 pages); incorporated the Estes Park logo (direct access to a link function); added three maps (Northern Co., Estes Park area, and Downtown Estes Park)--staff has received numerous requests for these maps; changes are made weekly to the "Travelers' Advisory/Notes" page--this weekly update keeps the information current, i.e. an opportunity was available to mention the closure of RMNP; the "Estes Park Links" page refers the viewer to the appropriate area of the internet and the Estes Park Conference Center and Conference Association pages. The Committee questioned whether staff could elaborate on the weather factor both on the internet and with Denver television stations. Staff reported that the weather station installed a BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - January 4, 1996 - Page 2 at the School by the Chamber of Commerce assists in this area, and, as the weather changes so quickly, it may not be appropriate to elaborate on weather on the internet. Staff will also review the Advertising Policy and research the possibility of a volunteer calling-in weather reports as was previously provided by Al Chrisi. The Committee noted the positive news reports on Channels 4 and 9 concerning the closure of RMNP, plus the exposure relative to "Samson" (the royal elk recently poached at the YMCA). 1996 Conference Center Report. Director Pickering presented the 1996 Conference Meeting Schedule: a total of 32 conferences/events are booked for 1996 which is up significantly from 1994 and 1995. Meeting planners have positively responded to the stability in the Conference Center operation and staff which is evidenced by the bookings. Of the 32 conferences/events, 14 are repeat bookings. As the 1996 calendar was confirmed so quickly, an opportunity for local groups has been realized, as evidenced by the 12 local bookings (up from 4). Local bookings have improved resident visibility/acceptance of the Center. Lodging rates are increasing by approximately 10% which will allow properties to reinvest in their facilities. Twelve groups have made a commitment for 1997 and two have booked for 1998. The Holiday Inn is entering into a major remodeling project which should be completed in April; the Conference Center decor is being duplicated in the remodeling areas--Director Pickering will schedule a tour of this Project in the near future. Staff confirmed that the previous concern with bookings as they relate to Amendment 2 is no longer viable. Discussion followed on the agricultural groups in the front range and whether they are being marketed. Staff advised that the Cattlemen's Association was pursued for five years, and that the Association has booked with the Center for 1996. Staff will continue to heavily market other agricultural groups. The Marketing Fund, which was instituted in 1995, has collected $16,000. This fund is used to support conference transportation and coordinator expenses, and an ending balance may be $2,000; the fund is expected to increase yearly. A year-end report will be presented in February. MUSEUM. Hours of Operation. The Museum continues to investigate avenues to better serve their audience, thus the Museum will now be open Fridays, Saturdays and Sundays year-round. Hours are 10:00 a.m. - 5:00 p.m. Fridays and Saturdays, and 1:00 - 5:00 p.m. on Sundays. The expanded schedule will allow visitors to see the new Winter Legacy Exhibit of winter sports and the Hidden Valley Ski Area. Outreach/Programs. On January 20, the Columbines will hold a wine and cheese party at the Museum. On January 25 at 7:00 p.m. in the Municipal Building, Bob Haines will give an exhibit-related program entitled "Over the Range in Winter." The program is a history of winter travel in the Wild Basin area. The 1996 Program schedule will be presented to the Committee in February. Miscellaneous. Thanks to the Cultural Arts Council, the Museum is being featured in a Southwest Art article on Coloradols Top Art Towns. 1995 Accomplishments. Major accomplishments for 1995 include 0 .. ....FOROPUBLISHING.0 RECORD OF PROCEEDINGS Community Development Committee - January 4, 1996 - Page 3 the: Eagle Plume exhibit, landscaping project, remodeled restroom facilities, cooperative exhibit with the Wool Market, r HistoryÂ· Camp, expanded Gift Shop, and revised Mission and Strategic Plan. statistics. Year-end 1995 statistics will be presented in February. SPECIAL EVENTS. Rooftop Rodeo Award. Director Hinze reported that the 1995 Rooftop Rodeo received the Mountain States Rodeo Circuit "Cowboy's Choice Award" for the second year. The award will be presented January 6 during the Mountain States Finals. Memorandum of Understanding with Top Hands Organization. Staff reported that discussions have been conducted with the Rooftop Rodeo Committee, Top Hands Organization, and Town staff for the privatization of support events during the Rooftop Rodeo. The discussions were precipitated by the Town Board who were interested in event privatization. The Cheyenne Frontier Days Committee began with a similar concept which has provided their members ownership of their own event, accountability and self-supporting status. The agreement, which has been reviewed by Town Attorney White, is between the Rooftop Rodeo Committee, Top Hands + Organization, and the Town. The Rooftop Committee is the 1 operational arm and Top Hands is the financial arm, under Rooftop. The five-year agreement identified the levels of Town support based on the 1995 budget from the Western Heritage event. The cash flow amount of $12,500 is to be repaid to the Town within five years. The $3,500 yearly sum is the difference between the revenue and expenses (based on the '95 event). Expenditures will not be processed through the Town - they will be submitted and approved by Rooftop and then submitted to Top Hands for payment. Ass't. Administrator Widmer commented on amendments to the agreement that were recently made by Town staff. The Committee recommends approval of the Memorandum of Understanding as presented and amended. Rooftop Rodeo Committee Report. President O'Connor reported on various changes to the Rodeo for 1996: the two previous afternoon rodeo performances have been replaced with night performances, thus Rodeo Week will begin Tuesday (not Wednesday), July 9 and end Sunday (not Saturday), July 14; the annual parade has been changed from Wednesday to Saturday morning. The Committee believes both of these changes will benefit and satisfy front-range spectators. The Committee is discussing/developing a new "kick-off" event for Tuesday. The Western Heritage event has been changed from four days to Saturday and Sunday only, and the Entertainment Committee is planning a "jam-packed" event for 1996. Membership is at capacity with 30 members (maximum allowed). The Committee believes the Western Heritage ad on Channel 4 had a tremendous positive impact, and Committee representatives will meet with Peter Marsh to discuss plans for 1996. 1996 Lions Club Lease. Director Hinze presented the 1996 Lease for operation of the concession stand. The standard lease includes minor amendments. The Committee recommends approval of the 1996 Lions Club Lease as presented. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - January 4, 1996 - Page 4 Chairman Doylen encouraged all citizens to become involved in the various functions of the Town. There being no further business, Chairman Doylen adjourned the meeting at 9:04 a.m. 00-i- 9 U-Â£2 0 (1 Vickie O'Connor, CMC/AAE, Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS planning Commission December 19, 1995 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, Gilfillan, A. Hix, Pohl and Thomas Also Attending: Trustee/Liaison Dekker, Senior Planner Joseph, Town Attorney White, Clerk O'Connor Absent: Community Development Director Stamey Chairman Sager called the meeting to order at 1:30 P.M. 1. MINUTES. Minutes of the November 21, 1995 meeting were approved as submitted. 2. SUBDIVISIONS. 2.A. Preliminary Plat of a Portion of Lot 46. Grand Estates Subdivision. David McEndaffer/Applicant. Applicant's Representative Paul Kochevar reported that this proposal is to subdivide an existing lot into two lots of slightly larger than one acre each. This property is zoned E-Estate. Grand Estates Subdivision was created in the 1960's and since that time, lots have been divided and made smaller. A map of the surrounding lots in the vicinity confirmed that the proposed lot size is typical of the neighborhood. The Applicant intends to construct a house on one lot and reserving the other lot for future use. The Applicant is in agreement with staff comments. Senior Planner Joseph noted that the preliminary plat does not identify the utility easements around the perimeter of the lots, the property should be included in the Northern Colorado Water Conservancy District (NCWCD), and correspondence was received from Jess Nielsen and E. Lauren Hillquist, both expressingconcern with the potential installation of overhead power lines to the site. In addition, Planner Joseph advised that approval requires the Planning Commission to cite three specified "findings" as noted in the Code. Commissioner Pohl received confirmation that all three findings must be established and he requested Mr. Kochevar provide justification for approval. Mr. Kochevar noted that the over the last 15/20 years, almost every lot in the subdivision has been subdivided, and due to this fact, the property owner has an expectation of continued subdivision (the majority of lots are slowly being reduced to an acret) ; the philosophy expressed in Finding #1 above also applies to Finding #2. Commissioner Brown noted that the Planning Commission granted a subdivision from 2 to 3 lots (Lots 26 and 27, Grand Estates Subdivision) in 1994 where said lots will be .9 acres in size. Commissioner Brown added that pursuant to adjacent neighbors' concerns, the Applicant has confirmed that underground electric service will be installed. Mr. Kochevar confirmed that the underground service and 10' utility easements will be delineated on the Final Plat. As there were no comments from the audience, Commissioner Brown cited that there are special circumstances or conditions affecting the property; that the exception is necessary for BRADFORD>PUBLISHINGCOÂ· RECORD OF PROCEEDINGS Planning Commission - December 19, 1995 - Page 2 the preservation and the enjoyment of a substantial property right of the petitioner; and 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 it was moved and seconded (Brown/A. Hix) the Preliminary Plat of a Portion of Lot 46, Grand Estates Subdivision be approved contingent upon the following, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, Gilfillan, A. Hix, Sager and Thomas. Those voting "No" Commissioner Pohl. 1. The property be included in the NCWCD. 2. Utility easements be provided around the perimeter of the lots. 3. Note on the Final Plat that all electric service to and across this subdivision be underground. 2.B. Amended Plat of Lot 9. Brookside Subdivision. Estes Homes/Applicant. Paul Kochevar, Applicant's Representative, noted that this amended plat completes the original intent of the development on Lot 9 to divide the as-built duplex with a common line, thereby placing each unit on its own lot. This proposal was defined and approved when the original subdivision plat was presented. The proposal meets zero lot line provisions of the Code, the Applicant is aware that he must complete the tap fee process; and the Applicant is in agreement with staff recommendations. Mr. Kochevar confirmed that each unit will have separate water service and there is no need to cut the asphalt; any additional water tap fees will be paid for prior to the Final Plat; and there are no additional fees . due UTSD and each unit also has a sewer service line. Planner Joseph reviewed the staff report recommendations. As there were no comments from the audience, it was moved and seconded (Pohl/Brown) the Amended Plat of Lot 9, Brookside Subdivision be favorably recommended to the Board of Trustees subject to the following, and it passed unanimously: 1. Modify General Note 1 to remove reference to Outlot A. 2. Modify General Note 3 by adding, "As of the date of the recording of this plat, the property adjacent to the south side of Brook Drive is zoned "Restricted Industrial." 3. Submission of required information to UTSD prior to Town Board approval. 4. All fees and aforementioned conditions be met prior to approval of the Final Plat. 3. DEVELOPMENT PLANS. 3.A. Amendment to Development Plan #93-1. Lot 2. Booth Resubdivision. Johnson & Maria Lin/Applicant. Applicant's Representative Paul Kochevar reported that the proposal is to add four hot tubs and enclosures east of the existing buildings. There are no other site modifications. The Applicant has had contact with neighbors concerning removal of a dead tree on the site. Water service will be tied into BRADFOROPUELISHING.0 RECORD OF PROCEEDINGS Planning Commission - December 19, 1995 - Page 3 certain units, there will not be a new tap, and Mr. Kochevar will confirm with the EPSD that easements have been completed. Audience comments were heard from Kent Lang, adjacent property owner to the north, who expressed his opposition to the project based on the lack of management on site, outside storage of miscellaneous items resulting in a poor appearance, a dead tree which has not been removed from the site, safety concerns (particularly with children) relative to the proposed hot tubs, lack of respect for Town procedures, and lack of compliance with the approved Development Plan (dumpsters are not enclosed, and landscaping is not completed). Mr. Lang presented various photographs of the site which included confirmation that mail boxes are not and have not been erected properly, and he urged the Commission to deny any further development until such time as the Applicant brings the Project into compliance. Town Attorney White advised that of the issues raised by Mr. Lang, the dumpster enclosures and landscaping were appropriate for consideration by the Commission. Outside storage would be regulated by an existing junk accumulation ordinance. Planner 1 Joseph noted that staff has not recently conducted an - inspection of the site to evaluate compliance with the original development plan. Mr. Kochevar confirmed that the ,~ landscaping and trash enclosures were not completed and suggested he and staff inspect the site, prepare of list of discrepancies with costs attached, request the Applicant submit a collateral agreement, then proceed with this request. Mr. Kochevar could not confirm how the hot tubs would be managed and stated that the State regulates these units. Additional comments included: whether additional covenants could be put into effect prior to further development, whether no additional building permits could be issued until such time - as the Project is brought into compliance, confirmation that the mail boxes are and have been lying on their side (this is - not a cluster box setup), time-frame for landscaping installation (weather delay to spring plantihg season), requesting an adequate guarantee to ensure that should the Town be required to install the landscaping, adequate funding is provided by the Applicant, and concern that Applicants, even though they are providing funding, are not completing ~- their projects thus the Town is subjected to complete various installations. Public Works Director Linnane confirmed that the Town will perform work guaranteed by a developer; however such instances are not favorably looked upon. It was moved and seconded (Brown/Pohl) the Amendment to Development Plan #93-1 for Lot 2, Booth Resubdivision be continued to January 16, 1996 to provide an opportunity for staff and the Applicant to gather information/confirmation relative to hot tub access, appropriate measures to assure work is completed in a timely manner, thus bringing the Project into compliance, and it passed unanimously. 4. SPECIAL REVIEWS. 4.A. Special Review #95-5. Lot 2. Block 3. Fall River Estates. Jim Rodgers/Applicant. It was moved and seconded (A. Hix/Thomas) this item be continued to January 16, 1996, and it passed unanimously. 4.B. Special Review #95-4. Lots 7. 8. 25 and a Portion of 24, Block 10. Town of Estes Park, Rex Miller/Applicant. Chairman Sager noted that the Applicant has withdrawn this submittal. BRADFORD PUBLIBHING CO. RECORD OF PROCEEDINGS Planning Commission - December 19, 1995 - Page 4 5. AMENDMENT TO CHAPTERS 16 AND 17. OF THE MUNICIPAL CODE. 5.A. Public Hearing. Amend Chapters 16 and 17 Of the Municipal Code concerning requiring owner signatures on land use applications. Chairman Sager opened the public hearing and Town Attorney White briefed the Commission. The ordinance will require, on all land use applications, that all record owners sign the application at the time of submittal to the Town. This regulation will assure that the land owner is in agreement with the application being proposed; a power of attorney will meet the intent of the regulation. Audience comments were heard from Paul Kochevar who stated that the application (formal form) is not formally addressed in the Code. There being no further testimony, Chairman Sager declared the public hearing closed. It was moved and seconded (Brown/Burgess) the Ordinance, as presented, be favorably recommended to the Board of Trustees, and it passed unanimously. 6. REPORTS. 6.A. Presentation on Related Lands Evaluation/RMNP bv Larrv Gamble. Mr. Gamble was not present, thus this item was not addressed. There being no further business, Chairman Sager adjourned the meeting at 2:23 P.M. ~~.t, 0 2 Vickie O'Connor, CMC/AAE, Town Clerk BRADFORD PUBLISHING COÂ· RECORD OF PROCEEDINGS Public Safety Committee December 21, 1995 Committee: Chairman Gillette, Trustees Dekker and Marshall Attending: All Also Attending: Ass't. Administrator Widmer, Police Chief Repola, Clerk O'Connor Absent: None Chairman Gillette called the meeting to order at 8:02 A.M. POLICE DEPARTMENT. Personnel. Chief Repola reported that structural changes have been implemented to take the Department into the future. One of the changes was the promotion of two officers to corporal. The promotion Assessment Process this year included the participation of the Department, and other Town employees; candidates were given a 4-stem procedure: written test, oral resume, written directive, and "role play" where they were expected to explain the directive. Of the candidates being considered, Officers Kim Culloo and Corey Pass were selected. Clerk O'Connor conducted a swearing-in ceremony for Kim Culloo and Corey Pass, and Badges and Stripes were distributed. Corporal Culloo will be assigned to Patrol and Corporal Pass will be assigned to Investigations. The term for each assignment is two years. The Committee applauded Corporals Culloo and Pass for their achievements. Youth Crime Prevention and Intervention Grant - Update. Chief Repola updated the Committee on the $4,500 grant for this Teen Baseline Program. The first payment has been received and coordination has been achieved with Larimer County Human Development, EVRPD and Christine Denning (counseling field). The focus of this intervention program will be in training for Middle School children, and training for instructors is scheduled January 27; the Department anticipates launching the class in February/March. Design Team - Patrol Car Emblems. Chief Repola recognized the Design Team consisting of Sgt. Kufeld, Corporal Pass, and Officers Kenney, Roth, and Brand for their work in designing the new color and logo for patrol vehicles. Chief Repola read a sample commendation letter which will be added to the Team's individual personnel file. The cost-effective project has resulted in many favorable comments from the community. "Blue Santa" Program - Update. Corporal Culloo, Victims Assistance Coordinator Emerine and Dispatcher Betcher coordinated the "Blue Santa" Program to provide items such as hats, gloves, scarves for low-income elderly residents in the community. The list grew from 15 to 80 and with the assistance of Ann Barlow and other merchants, the Program was very successful. Police Department personnel and volunteers purchased the items, wrapped the gifts and delivered them in patrol vehicles. Chief Repola also read a sample commendation letter which will be added to each coordinator's personnel file. The Committee commended the aforementioned for their dedication in helping others. LETA Board Appointment. Chief Repola reported that he has been reappointed to serve on the Larimer Emergency Telephone Authority (LETA) Board for a two-year term expiring December m BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee - December 21, 1995 - Page 2 31, 1997. The Chief will represent small communities on the E911 emergency telephone service. FIRE DEPARTMENT. Assistant Administrator Widmer reported that a meeting was held with representatives of the Fire Dept., BOR/WAPA, and the architect for construction of the new fire station; the Project is proceeding. REPORTS. Staff reviewed various correspondence. The Sheriff's Department was commended for providing five deputies to assist in the Christmas Parade, as well as Eagle Rock students who assisted in crowd control and cleanup activities. Trustee Marshall reported on a meeting held at the NLC Conference concerning a "Teen Justice" Program which was initiated by a Judge in Aurora. In this program, students with misdemeanor violations are judged by their peers. Staff will research this' Program and report their findings at a Committee meeting. Chief Repola was commended for various improvements which have been initiated in the Department. There being no further business, Chairman Gillette adjourned the meeting at 8:36 A.M. C//, (// 1/LCU-. 4/ ~ thuu J Vickie O'Connor, CMC/AAE, 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, including Extended Hours, filed by Casa Casa, LLC, dba the GRUMPY GRINGO, 1560 Big Thompson Ave., Estes Park, Colorado, is December 5, 1995. 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, January 23, 1996 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 4.26 miles, as measured from the center of the applicant's property. ADOPTED: ESTES PARK FIRE DEPARTMENT (Volunteer) P.O. Box 1200 ESTES PARK, COLORADO 80517 JANUARY 2, 1996 TOWN BOARD THE FOLLOWING IS SUBMIVED FOR YOUR APPROVAL. THESE INDIVIDUALS WERE ELECTED BY THE FIRE DEPARTMENT AT THE REGULAR BUSINESS MEETING ON DECEMBER 5, 1995. CHIEF JACK RUMLEY 1ST ASSISTANT CHIEF EDWARD FORD 2ND ASSISTANT CHIEF SCOTT DORMAN SECRETARY/TREASURERMARK CHRASTIL YOUR CONSIDERATION OF THESE OFFICERS WILL BE APPRECIATED. SINCERELY, Pku-l 0 - 3118~ MARK D. CHRASTIL SECRETARY/TREASURER ESTES PARK VOLUNTEER FIRE DEPT. INC. DIAL 911 FOR EMERGENCY ESTES PARK FIRE DEPARTMENT (Volunteer) P.O. Box 1200 ESTES PARK, COLORADO 80517 January 2, 1996 Town Board The following is the year end report submitted for your review. The RUN REPORT for 1995 is as follows: FIRE TYPE NUMBERS MAN HOURSIN OUT Structures 27 586 13 14 Grass and Forest 23 312 2 21 Auto and Fuel Flush 52 705 16 36 EMT Assists 29 130 18 11 False Alarms 16 152 4 12 Haz-Materials 30 279 19 11 Chimney 8 155 5 3 Dive Team 13 303 0 13 Standby/Inter Agency 14 383 5 9 TOTAL CALLS: 212 3005 82 130 Total dollars lost are to be estimated at $1,050,000.00 Training hours for the 31 full time members during 1995, are 1,540, resulting of an average of 50 hours per man. between E.P.V.F.D. Members and the E.P.V.F.D. Reserve Members they spent an estimated 2600 volunteer man hours for fund raisers. Respectfully Submitted, Jack Rumley Chief Estes Park Volunteer Fire Dept. Inc. DIAL 911 FOR EMERGENCY EPVFD 1995 As of 1/ 4/96 EPVFD-All Accounts Page 1 1/ 4/96 1/ 4/96 Acct Balance ASSETS Cash and Bank Accounts EP MONEY MARKET 29.216.73 GENERAL CHECK Ending Balance 4,165.36 plus: Checks Payable 0.00 TOTAL GENERAL CHECK 4.165.36 PN MONEY MARKET-LARGE PURCHASE FUND 80.677.27 Total Cash and Bank Accounts 114.059.36 TOTAL ASSETS 114.059.36 LIABILITIES & EOUITY LIABILITIES Checks Payable O.00 TOTAL LIABILITIES 0.00 EOUITY 114.059.36 TOTAL LIABILITIES & EQUITY 114.059.36 BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee January 4, 1996 Committee: Chairman Doylen, Trustees Dekker and Marshall Attending: All Also Attending: Ass't. Town Admihistrator Widmer, Directors Stamey, Hinze, Kilsdonk and Pickering, Manager Marsh, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. 199594yertising Report. Advertising responses as of December 31, 1995**fre 4.1% below the 1994 level without USA 59**,6 counts beinghiccluded in 1994. Telephone inquiLi-r as of November 30, 19)5,kre running 1.9% below -12â€¢00Â¥994 level. Staff confirmed thatse statistics up-gimilar along the entire Rocky Mountain regÂ·i -2. ID-â€¢~dition, 1994 was an outstanding year for the j,AÂ«g'~m industry, and those statistics have inflated--Spitathqs. \ 1996 Advertising 3$,d?t. Manager Mars~ffesented copies of the January itwe of Southwest Art Magaz inAdJanuary, 1996 issue where-*Ees Park was included in the "ExploN,â‚¬olorado ' s Top Arthowns" article. Staff believes Estes Fid< was inclydâ‚¬d due in part to the "Arts in the Park" event held.94~ at. 1996 Fulfillment Program Agreement. The Committee reviewed 2-A. Book Committee and the Town to provide visitor information said 1-Year Agreement between the Chamber of Commerce, A-C services, including answering 800 number calls, mailing the Visitors Guide to advertising responses, and answering and responding to general requests for information. A major change includes a 4% rate increase request; the increase will be allocated toward staffing services. The A-C Book Committee will continue to finance postage costs of the Visitors Guide. Staff confirmed that the increase is included in the 1996 Budget. The Committee recommends approval of the 1996 Fulfillment Program Agreement as presented. 19 Revisions to the Virtual Visitors Guide. Manager Marsh pres ted revisions to the Virtual Visitors Guide which intend to assist the viewer through the web site: P 1- added the wo award achievements, a table of conten on each side of the hotograph (Hallet's Peak); Page - added a monthly calenda link which enables the vie direct access to any month, th is important due to e length of the calendar (5 pages); i orporated the es Park logo (direct access to a link functi ; added ree maps (Northern Co., Estes Park area, and Downto E s Park)--staff has received numerous requests for these Â· changes are made weekly to the "Travelers' Advisory/ es" pa --this weekly update keeps the information curre , i.e. an oppo unity was available to mention the closur of RMNP; the "Est Park Links" page refers the viewe o the appropriate area o he internet and the Estes Par Conference Center and Conferen Association pages. The C ittee questioned whether staff could elaborate on e we er factor both on the internet and with Denver television ations. Staff reported that the weather station installed 54 9,A AGREEMENT TO CONDUCT A FULFILLMENT PROGRAM BETWEEN TOWN OF ESTES PARK AND ESTES PARK AREA CHAMBER OF COMMERCE AND A-C BOOK COMMITTEE IN 1996 The Town of Estes Park, the Estes Park Area Chamber of Commerce and the A/C Book Committee desire to provide information services to the potential visitor to the Estes Park area. In order to provide those services, the parties agree to the following criteria: I. A-C VISITOR GUIDE LABELS A. The Chamber will send visitor information according to the criteria established with the Town Advertising Manager, Chamber Management and the A-C Book Committee. B. The Chamber will generate and affix to a visitor guide or its replacement all labels created as a result of Direct Response requests received by the Chamber. A direct response is defined as a direct contact made by a private individual requesting vacation information on Estes Park. The Town of Estes Park will pay the Chamber of Commerce at the rate of .3320 cents per label for this activity. C. The Chamber of Commerce will accept and affix to a visitor guide or its replacement all labels generated through Readership Service inquiries received by the Chamber. A Readership Service inquiry is defined as an indirect contact made by a private individual through a magazine in response to an Estes Park advertisement placed by the Town's Advertising Manager. The Town will pay the,Chamber at the rate of 0.055166 cents per label for this activity. II. Mailing of The Visitor Guides A. For the purpose of this agreement, the A-C Book Committee assumes full responsibility for the cost of mailing the Visitor Guides, or its replacement, v#.a U.S. Postal Service or a substitute, in response to a Direct Response request or a Readership Service request as described in paragraphs I-B and I-C above. B. The Chamber will prepare and deliver to the Post Office bulk mailings according to the U.S. Postal Service guidelines within 5 days of the inquiry. or receipt of Readership Service labels. The Town of Estes Park will pay the Chamber at the rate of $0.19860 per visitor guide for this activity. C. The Chamber of Commerce will prepare and deliver to the Post Office for 1st class mailing when timing of visitor trip requires, or when the minimum bulk quantity is accumulating too Agreement, Page 2 slowly to meet the 5-day mailing criteria. The Town of Estes Park will pay the Chamber at the rate of $0.19860 per visitor guide for this activity. D. The Chamber will pay for the 1st class postage on the basis of actual cost of postage as determined by the postage meter, and verified in the monthly reports. The A-C Book Committee will reimburse the Chamber for the actual costs incurred for mailing the 1st class and Foreign information requests. E. The Chamber will keep an accurate running balance of funds available in the Bulk Postal account. This account is to be kept at the Post Office and is the responsibility of,Â·and will be maintained by the A-C Book Committee, to be used by the Chamber for the sole purpose of bulk mailings as described in Paragraph II-A above. Such use will be verified in the monthly mailing reports. The A-C Book Committee agrees to deposit $5,000.00 to the bulk account by January 1, 1996, as a starting balance according to monthly statements issued by the Chamber. III. Quantity Shipping For the purposes of this agreement, Quantity Shipping of collateral materials is defined as the distribution of brochures and other collateral materials in quantity to second party distributors who use the material to either make a profit (i.e. Travel Agents), or to provide a public service for (i.e. Welcome Centers, local Chambers, visitor bureaus, etc.). A. The Chamber will prepare and ship quantities of collateral material in response to requests and according to guidelines established by the Town Advertising Manager with input from the Chamber Management. The Town of Estes Park will reimburse the Chamber for all shipping charges incurred for quantity shipments. The Town will pay the Chamber at the rate of $1.1033 per shipment for the preparation of the shipment. IV. Incoming 800 Calls to Information Representatives A. The Chamber will provide and train adequate staffing to answer incoming 800 calls within the standards and guidelines established with the Town Advertising Manager and Chamber Management. The Town will pay the Chamber at the rate of $0.6620 per call as reported by the monthly AT&T Masterline billing. B. The Chamber will provide all hardware (equipment) and software (programming) necessary to accomplish point IV.-A within the standards and guidelines established with the Town Advertising Manager and Chamber Management. Agreement, Page 3 V. Reports A. The Chamber of Commerce will generate monthly reports including but not limited to: 1.) Inquiry counts by state, by source, by month and year-to-date, including a monthly "Total" report by state, by month and year-to-date. 2.) Monthly and year- to-date detailed summary of bulk mailings, first class and foreign mailings, quantity shipping activity. These mailing and shipment reports submitted to the Town will document inventory. The Town will pay $4.284 for each page included in the inquiry count report. The report pages will not exceed 35 coded pages per month. B. The Chamber of Commerce understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Chamber of Commerce is not entitled to unemployment or insurance benefits through the Town. Also, the Chamber of Commerce understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. TheÂ·Chamber of Commerce also understands and agrees that it is responsible for worker's compensation coverage and taxes for itself and any employee. VI. Miscellaneous A. At least 45 days prior to the date the 1997 Fulfillment Budget is to be submitted to the Town Board for approval, the Town will give the Chamber verbal and written notice of that deadline for purposes of renegotiating this agreement for 1997. // 13â‚¬25,5/ Town of Estes Park g CRQmber of Commerce Mayor of Estes Park President /2-2 9-95- Date Date Ac K7-0 A-C/Boo. uummittee Committee Chairperson I 2.- ~3-7 I95 Date RECORD OF PROCEEDINGS eÂ»AOFORO PUILISMING COÂ· Community Development Committee - January 4, 1996 - Page 3 the: Eagle Plume exhibit, landscaping project, remodeled restroom facilities, cooperative exhibit with the Wool Market, r HistoryÂ· Camp, expanded Gift Shop, and revised Mission and Strategic Plan. statistics. Year-end 1995 statistics will be presented in February. SPECIAL EVENTS. R ftop Rodeo Award. Director Hinze reported that the 19 Roo top Rodeo received the Mountain States Rodeo Cir it "Cow y's Choice Award" for the second year. The award ill be pr ented January 6 during the Mountain States Fina U . Memorand of Understanding with Top Hands Organ zation. Staff rep ted that discussions have been conducte with the Rooftop Ro o Committee, Top Hands Organization and Town staff for privatization of support events during the Rooftop Rodeo. The discussions were precipitat by the Town Board who were interested in event privat' ation. The Cheyenne Frontier ays Committee began with a imilar concept which has provided eir members ownership of heir own event, accountability and s lf-supporting status. The agreement, which ha been reviewed by own Attorney White, is between the Roof Rodeo CO ittee, Top Hands organization, and the To . The Ro top Committee is the operational arm and Top Ha ds is t financial arm, under Rooftop. The five-year agreem t ide ified the levels of Town support based on the 1995 bud et rom the Western Heritage event. The cash flow amount of ,500 is to be repaid to the Town within five years. The 3,500 yearly sum is the difference between the revenue nd xpenses (based on the '95 event). Expenditures will not e pr essed through the Town - they will be submitted an approve by Rooftop and then submitted to Top Hands fo payment. Ass't. Administrator Widmer commented on amen ents to the agreement that were recently made by Town taff. The mmittee recommends approval of the Memoran of Understandi as presented and amended. Rooftop Rodeo Commi ee Report. President O onnor reported on various changes to the Rodeo for 1996: t two previous afternoon rodeo rformances have been replac d with night performances, us Rodeo Week will begin esday (not Wednesday), Ju 9 and end Sunday (not Saturday), uly 14; the annual parad has been changed from Wednesday Saturday morning. T Committee believes both of these ch ges will benefit an satisfy front-range spectators. The Com ittee is discussin developing a new "kick-off " event for Tues y. The Western eritage event has been changed from four ys to Saturda and Sunday only, and the Entertainment Commit ee is plann' g a "jam-packed" event for 1996. Membership at capa ty with 30 members (maximum allowed). The Commi ee bel' ves the Western Heritage ad on Channel 4 had a tremend s po itive impact, and Committee representatives will meet wit p ter Marsh to discuss plans for 1996. 1996 Lions Club Lease. Director Hinze presented the 1996 T J.6. Lease for operation of the concession stand. The standard 1 lease includes minor amendments. The Committee recommends k approval of the 1996 Lions Club Lease as presented. LEASE THIS LEASE, made and entered into this day of , 19 , between the TOWN OF ESTES PARK, COLORADO, a municipal corporation, hereinafter referred to as Lessor, and the LIONS CLUB OF ESTES PARK, COLORADO, a Colorado Nonprofit Corporation, hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows, to-wit: The Concession Stand attached to the Grandstand at Stanley Park. TO HAVE AND TO HOLD, the above described premises with the appurtenances, unto Â· Lessee from January 1, 1916 through January 1, 1997 , and Lessee in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, fifteen percent (15%) of the gross sales from the operation of the Concession Stand, plus $75.00/year flat fee for natural gas expenses. For the purposes of this Lease, gross sales shall be. the total amount of funds realized from all sales of food, beverages and tobacco products from the Concession Stand less sales tax, license fees (including the Town occupation license, but not to include liquor licenses to either the Town or the State), liquor liability insurance, and sums paid for capital improvements. Lessee shall be entitled to deduct from the yearly rent, an amount equal to the annual license fees paid to the Town of Estes Park and the State of Colorado for the 3.2% beer license. Capital improvements shall not include repairs as more fully set forth in Paragraph 3 of this Lease. Said rent shall be due and payable to the Estes Park Fairgrounds Director on or before the 3lst day of December, during the term hereof beginning on December 31, 1994. 2. To keep complete and accurate records of Lessee's operation of said Concession Stand; and to submit to the Town of Estes Park, at the Office of the Estes Park Fairgrounds Director, a copy of such records on or before the rent payment dates as herein provided. 3. To make all necessary repairs to the interior of the demised premises during the term of this Lease, including all plumbing, painting, maintenance and replacing of all broken glass or fixtures; provided, however, should repairs become necessary because of structural defects and outside repairs, including the roof of the demised premises, they shall be made by Lessor at its expense. 4. To keep the demised premises safe and clean and in such order as may be required by the regulations of any governmental authority. 5. Not to alter the premises in any manner, except with Lessor's written consent. 6. To allow Lessor or its agents, at all reasonable times, to have free access to the demised premises for the purposes of examining or inspecting the condition of the same or the operation of the Concession Stand. 7. To furnish to Lessor a written physical inventory and statement of value of all improvements, fixtures and equipment presently located in the demised premises. Lessee shall keep said inventory and statement of value current by written notice of Lessor, whenever there are any additions to said improvements, fixtures and equipment. 8. Lessee agrees to procure and maintain during the term of this Lease, the following insurance coverages: A. Comprehensive General Liability Insurance of at least $150,000.00 per injury and $600,000.00 per occurrence. B. Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $150,000.00 per injury and $600,000.00 per occurrence. C. The Lions Club and the Town understand and agree that the Town is relying on, and does not intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per injury and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. D. The Town shall be named as an additional named insured on said policies. 9. It is agreed by the parties hereto: A. All improvements, fixtures and equipment, except grills, shall become the property of Lessor when placed in the demised premises, and said improvements, fixtures and equipment shall be insured at Lessor's expense. B. Lessee shall have the concession for the sale of all food, drink, and tobacco products for the Stanley Park Grandstand Area and for the blacktop in front of the Stanley Park Grandstand Area as described on Exhibit f 'All attached hereto and incorporated herein by reference during the term of this Lease. Lessor specifically reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit "A" . C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area, and when Lessor requests that the Concession Stand be operated for other events at Stanley Park. D. If Lessee shall fail to comply with the conditions of this Lease, or should not well and truly perform all and every one of the covenants and agreements herein contained on the part of the Lessee to be performed and kept, then this Lease shall, at the option of Lessor, cease and absolutely terminate. Notice of such termination shall be delivered to either the then acting President or the then acting Secretary of Lessee. E. In the event that changes occur which materially affect the operation of the demised premises, either party shall have the option to request that this Lease be renegotiated. F. Lessee may operate the Concession Stand other than at events scheduled at Stanley Park by the Town of Estes Park through the Estes Park Fairgrounds Director. Lessee will pay the Town as rent for the events covered by this specific paragraph five percent (5%) of the gross sales from the operation of this Concession Stand during these events. For the purpose of this specific paragraph only, gross sales shall be defined to mean the total amount of funds realized from all sales of food, beverage and tobacco products from the Concession Stand. 10. Lessee understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Lessee is not entitled to unemployment or insurance benefits through the Town. Also, the Lessee understands and agrees that it is solely resnonsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Lessee also understands and agrees that it is responsible for worker's compensation coverage and taxes for itself and anv employee. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk LESSOR LIONS CLUB OF ESTES PARK, COLORADO 1 By: 4/4 >Â«,Le Pres~de,26 ,/ ATTEST: E u,0 -7<1â‚¬ 8Â©.uÂ»' Secretary LESSEE â€¢â€¢â€¢OFOâ€¢o Pt,â€¢LISIâ€¢,NG co. RECORD OF PROCEEDINGS . Planning Commission December 19, 1995 Commission: Chairman Al Sager, commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, Gilfillan, A. Hix, Pohl and Thomas Also Attending: Trustee/Liaison Dekker, Senior Planner Joseph, Town Attorney White, Clerk O'Connor Absent: Community Development Director Stamey Chairman Sager called the meeting to order at 1:30 P.M. lila Amended Plat of Lot 9. Brookside Subdivision. Estes Homes/Applicant. Paul Kochevar, Applicant's Representative, noted that this amended plat completes the original intent of 3A the development on Lot 9 to divide the as-built duplex with a common line, thereby placing each unit on its own lot. This proposal was defined and approved when the original subdivision plat was presented. The proposal meets zero lot line provisions of the Code, the Applicant is aware that he must complete the tap fee process; and the Applicant is in agreement with staff recommendations. Mr. Kochevar confirmed that each unit will have separate water service and there is no need to cut the asphalt; any additional water tap fees will be paid for prior to the Final plat; and there are no additional fees Â· due UTSD and each unit also has a sewer service line. Planner Joseph reviewed the staff report recommendations. As there were no comments from the audience, it was moved and seconded (Pohl/Brown) the Amended plat of Lot 9, Brookside Subdivision be favorably recommended to the Board of Trustees subject to the following, and it passed unanimously: 1. Modify General Note 1 to remove reference to Outlot A. 2. Modify General Note 3 by adding, "As of the date of the recording of this plat, the property adjacent to the south side of Brook Drive is zoned "Restricted Industrial." 3. Submission of required information to UTSD prior to Town Board approval. 4. All fees and aforementioned conditions be met prior to approval of the Final Plat. Law Office of JOHN G. PHIPPS, RC. 363 E. ELKHORN AVE. ESTES PARK BANK BLDG. SUITE 308 POST OFFICE BOX 1569 RECEIVED ESTES PARK, COLORADO 80517 TELEPHONE: 970/586-2045 JAN U 9 1995 January 9, 1996 ADMIN. DEPT Board of Trustees Town of Estes Park Estes Park, Colorado Re: Replat of Lot 9, Brookside Subdivision Dear Trustees: I am writing to you in regard to the above. This is to certify that if Timothy A. McPhee, as general partner of Estes Homes, a Colorado General Partnership, and Park Natiorial Bank, Estes Park, Colorado, have signed said Replat and any other documents necessary and attendant to said Replat, then all persons, corporations or ehtities having any record interest in the real property involved will have signed the same. I am an attorney licensed to practice law in the State of Colorado. Very truly, <Â»37Â» ~ohn G. Phipps / Attorney at Law Colorado Registration No. 0724 3.13. ORDINANCE AN ORDINANCE AMENDING CHAPTER 16 AND 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WITH REGARD TO REQUIRING OWNER SIGNATURE OF LAND USE APPLICATIONS WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined that it is in the best interest of the Town to amend Chapter 16 and 17 of the Municipal Code of the Town of Estes Park with regard to requiring owner signature of Land Use Applications. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Section 16.12.020 of the Municipal Code shall be amended by the addition of subparagraph E as follows: E. Owner Signature. All applications for a Preliminary Plat, Final Plat, or Annexation Map, shall be signed by all of the record owners of the subject property, at the time of submittal. Section 2. Section 17.36.060 of the Municipal Code shall be amended by the addition of the following section. 17.36.060. Owner Signature. All land use applications (Concept Plan, Development Plan, Special Review, Re-zonings, Variances) subject to this title shall be signed by all of the record owners of the subject property, at the time of submittal. Section 3. The adoption of this Ordinance is hereby declared an emergency in order to insure the immediate execution of land use applications by record owners of the property, and WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1996. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk di *b (, l 4 2* TOWN OF ESTES PARK ---al"/7/0//Tay >3 1 --=07@:FlriaÂ£,1,0.MW- , i MUPETEA., 1 jIWK 46 . . 7 - . - 23.-re-- 1 %11'.a~-t' LAgion#I:Â·cy 47,327":.0. ,â€ž ..<24 -- . 2> --/ 4 j *- December 15, 1995 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: B&B Food Mart 3.2% Retail Beer, Off Premise Consumption Barleen, James L. Barleen, Lloyd W. 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 the B&B Food Mart. Sincerely, 1 , 622 Randy pola Chief of Police RR/jo 3031 586-33.41 â€¢ RO. BOX -1200 â€¢ ESTES PARK. CO 80517 â€¢ FAX (303)586-0249 COMMUNITY DEVELOPMENT â€¢ FAX (303)586-6909 OTHER 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 James L. and Lloyd W. Barleen, dba B&B FOOD MART for a New Hotel & Restaurant Tavern Beer & Wine X 3.2% Retail Beer, off Liquor-Licensed Drug Store Club premise consumption license located at 1110 Woodstock Drive TOWN ATTORNEY. The application was filed November 22, 1995 and, at a meeting of the Board of Trustees on November 28, 1995 the public hearing thereon was set at 7:30 P.M. on January 9 , 19 96 , and the neighborhood boundaries for the purpose of this application and hearing were established to be 4.03 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: An individual. X 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. X The notice of hearing was published on December 29, 1995 X The premises was posted on December 27, 1995 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 k 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 41/24 )947 m Corporation (Attach DR 8177) U Individual (Attach DR 8404-1) F.E.I.N. ~ Partnership (Attach DR 8441) El Limited Uability Company (Attach DR 8405) la. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Social Security No. f)/+R LEEN ,)Â»FES LYN/14 - -124RLEn[ 1.Â£-0 Yr) abMNIN 2513-9-4 -/964Â· 2. Trade Name of Estulishment (DBA) / State Sales Tax No. Business Telephone 81- B FooD /VM-pÂ¥ 91 -23801-0000 970 -526-579/ 3. Address of Premises (specify exact location of premises) 1 1 16 10 00 9 5-foo#< City County State ZIP Code E-5-rE5 Â¥A-R K LA-R #lER CO % 20157 7 4. Mailing Address (Number and Street) City or Town ~- ~ State ZIP Code 'Box :69-4 E-5-res 1141? ME; Wâ‚¬79 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 Ucense No. Present Type of Ucense Present Expiration Date 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? m ~74 7. Has the applicant (including any of the partners, if a pannership; 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? 0 94 (b) had an alcoholic beverage license suspended or revoked? 0 2 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ON 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. EW 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. 00 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 ~ 0 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 N 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 this license will be issued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) DE, El % Ownership m 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 Expires 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 : (Doesnt 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 '144Â« 4/K f b . 6,Â£270, %05-,Bkikf!.6 46 0/ M--0 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 prom or gross proceeds of this establishment, and any agreement refating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. .3. 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 reqi,Aster| DR 8404 (2/94) Page 2 14. Uquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Uquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. U El 15. Club Uquor Ucense applicants 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? m (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? 00 (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) U El (b) If applicant is a wholesaler, 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 whether one has been applied for. m El 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, man, 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. m El (c). Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no,Â» explain in detail. m El (d) Are you the primary source of supply in the U.S.? If 'no," explain. C] m (e) Are all your products registered in Colorado? If 'no," attach DR 8440 and register â‚¬ aid products. 00 18. Name of Manager (lf 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). , t. Â¢ = â€¢er Â· . e ./ 21 * OATH OF APPLICANT , 4>. + 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. Autt - Title Date l/ le,--/ ~ 64--f-N er 1 1- 10-9sl ~Â»; J 4 -73- - (1~5 REPORT AND XPPROVALOF LOCAL LICENSING AUTHORITY J, ; ~:r ~ ...... I. " 5 t b , .1, e , ~f' (Minu#ctur,its, nort,~side~t manufaqturert imp;ners, wholAalers, limited winerie#,ind pl~li~ transporta~oii licens*j .. disregard the section below.) Is this application for a: *[ New License ~ Transfer of Ownership E Other (specify) Each person required to file DR 8404-1: Yes No Has been fingerprinted m El Background, NCIC and CCIC checked 00 The liquor licensed premises is ready for occupancy and has been inspected by the tocal Licensing Authority. ma 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 of 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 Â£ TOWN, CITY - El 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. 0- f .1 A 9 1.- _ & L .4 1 9 ____ __LGAL.+r -f' 3 -3 2--Nrn f ~ --41,1 9 i a jtre q J i . - OFF=(ce ix' 1 -XV PÂ¢*,9-R 72 ' - -.--=-Â·---Â· - Â·--~Acz-,6 Xfe - ---' --- 0 ;124 U/0- - .."MicÂ¢ , PALK 1 _ - - Mfu /Â¥544 _ ~Â»4-1, - - -$(LFT 49- / / -___~_ _- _ L _L- fs-J / 7 4-4% / / 1 f k _ 5* ci_ *-fo '_-_ m_-2 -3'910-L- ' DEL / _.- *.~ d RÂ£ M Y < -- / 72-0/ 5-- F -B>7+KER f -RETALL . 1 1 ___1211- 20' 1 ' 1 1 Ff ALL__ WAY 3.2- /<_96# /-_-__ 6mci__527#'s') -___ _ - J A 32. -- -f- 29. - ~ 2,4 3 1 DOOR -9 \11 /4 / fs y 16 = 14 0 re / lf /k037 + T 15-w /6 7 430 /3/2. = 2-40 9,7 \ I.54't .1 4 A-.. 9 F, DR 84044 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, 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 forthe licensing authorities investigation. ALL questions 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) E +13 FM D ,/9/112 7 Il-:zo-95-I13-94 - / 969 2. Your Full Name (last, first, middle) 3. Also Known AA (maiden name/nickname, etc.) 3/1-R LEGAL *32-M g L YN,14 cr,1, 4. Mailing Address (if different from reskfence) Home Telephone 30 x' 32-32.-6 , 8--res 3,1-9 K i. ofÂ£-0. *03/7 9-70-526-579-/ 5. Residence Address (street and numbe( city, state, ZIP) 10 6 5 M 0 R *th[ , 6-57-2 S 'P~* K ; COU. Rog- /9 6. Date of Birth Place of Birth 7. U.S. Citizen? 0- 2- 99Â£- (1,014 Od uri/F . MA-# pe ENes [3 No If Naturalized, state where ' When Name of U.S. District Coun Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number. . Permanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Drivets License? If yes, give number, & state c ' W A &2542 8 uNP 12>LWEI 4/ M~Yes ~No 035-/ 3-9-6 a 78 (1'707 - ame of Present Employer 11. Type of Business or Employment Sts-L p 3)18 HER -r-tfa,ena- n â€že tq-Ge. 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone I//3 k/009 8-1--0025 ~; AS?-BES 80-*RM:Z.)092-0- gas/7 ~ 970-- stle-57 99 f3. Present Position OWN 4% 14. Marital Status Â· 15, Name of Spouse (include maiden name if applicable) 24 an 'ef> - K.A.Â¥K C 14 JOYCE KA-R LE--EN 16. S#ouse's Date of Birth Sp6use's Place of Birth 3 - 2-9 - 9 A /1.412'AS viLLE 4< AN s.+s 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) / 18. Spouse's Present Employer Occupation N eNe 14-OUSe fu,*-0 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 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 Licensee? If yes, answer in detail 0 Yes No X CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your drivers license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. U Yes ,E No 23. Have you ever received a violation 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 de C Yes 00'No 24. Military Service (branch) From To Serial Number Type of Discharge A/7/Vg- 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 1055 MOR 4.Mit ES -7-ES 9-RK 80 60 2'47, )996 Ae.KE-- CM MÂ·4-1122 0Nurt Â¥# 146- 3500 s . -ron/,-1-{4*K A-9 acu-c- -32-r.. A 2 - tr ji 9 19* 7 Pra.27 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 Co - 90577 %414-EE N E/KM! LY 71Â¢E*RE liu> 4,(901) S-r*..i<gEs-rus 13*R K ,Pak-rigee )979 ?Ran"- -23-79 OLD 60*Sr F+LOY Cal b.1-ree cÂ«(21 1/-R LE-12- 14 YD+flt LY r /Â¥27Â¥?c A-'?+C t4 re 3,7, 4-7-. 9-9-1/ 9 64,Â·,prfÂ·6;werÂ· ) 9'id Y RESÂ«-r 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) t,All.E- 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether ~*General E Limited Percent ot Partnership Owned If Limited Liability Company (percent owned) 50 4 30. Total amount you will invest in this business, including notes. loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount <2 118; 0 00. 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 E $78, S ?/11? 5 B /*14 K % 2-600 000.00 22 -99.5/ 3All GS Li'N N 141-f?knrIJ $ LLOYD lu,+99<u 91?LEER $ $ Oath of Applicant . 1, 1 W ..,r ... I T ... I ./'p A +. 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 7 // Af1L 4--cs:â‚¬5*7.-27 ,/ 't._>~.4~4< P Ob-1 14 t,W 11-30-95 DR 84044 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, 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 forthe 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) 34,-8 -Fb-oD /11.01-â‚¬-6 -1122+95 510- it- 2699 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) BARLE-EN L-2.-0 Y D W AR R EN 4. Mailing Address (if different froy/residence) Home Telephone 601- 671 -09-1 6 5. Residence Address (street and number, city, state, ZIP) it 154 - -1500 S--COMA4*1.-01< A--'LA<W#a- Tor: 01=. 991) 9 6. Date of Birth Place of Birth 7. U.S. Citizen? 4-314-10 P E P U BU â‚¬- 00Â£,fr474 21< Or f+ 595 9@s El No If Naturalized, state where . 91 When Name of U.S. District Cour't Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number. . Pennanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & statr,4 1 9 17 3-40 drat- dree N /vi NFYes C No / 00 / 9/0 2.8 4094 ame of Present Employer / 11. Type of Business or Employment ti e.7-1 22 2/ 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 13. Present Position 14. Marital Status 15. Name of Spouse (include maiden name if applicable) 8 47 / Pla,rrle/ 2 er al :?,At P 01,1 e r:par[â‚¬/9 16. Spouse's Date of Birth Spouse's Place of Birth /'- 7-1-3-2- TeÂ« g s 17. Sbouse's residence address, if different than yours (street and number, city, state. ZIP) 18. Spouse's Present Employer .. Occupation 9 0--ir ce 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 .. 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 Licensee? If yes, answer in detail U Yes Wilo CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. E Yes *FNo 23. Have you ever received a violation 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 de E Yes *No 24. Military Service (branch) From To Serial Number Type of Discharge NIA 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 1 9-0 0 0814 -r/+0 i,/7 9.so hi E-372-2S 9,,412 'C , C. 0. 909 7 / 926 1996- 46- I 59-- 3500 S Â· -70 1-1,1-H.46uk ./1-9,40%-a JUr. A-2 . 9-574 9 i 999 yreg,1--- 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 lit ae | e eÂ« Fh Mi (4 71'KwÂ·f-_ It 16 0 Â® 9 376*.,Etrart 9+RK) T arft*,r ) 97 9 / 996-- Cly 5?71.5-17 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) Y 89 fA tre 28. If stockholder, number of shares owned beneticially or of record Percent of outstanding stock owned 29. If partner, state whether ~<General E Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 50 9 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $. 0-96, 000. 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 $ 524/3 . Of. - E-SnES r /fR K g,AN k 3Â»7&-_s' z_. 19fli>ZE-EAr % 2-32.- FÂ¥.EN 2--Â£-09 D U/. 12Â»R Z-Eed $ $ Oath of Applicant - 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 lit-ou <iU- - 0m74 M. .,1-2 r ort M er 11- 20-9*fi r\~ ,#24( TOWN OF ESTES PARK Gary F. Klaphake Town Administrator -- N Â»<#P, 6.rilj.Wiwmitb * f-*4#i**iWd~3~2341/.if -47-- 432. Â· '1111,- - -- 24Â«4 . t. r /// Estes Park, Colorado 80517 7,4.ir-Mr* ....3 ./ \ 7 \ MEMORANDUM December 27, 1995 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake o R, Town Administrator RE: LONE TREE VILLAGE LOW INCOME HOUSING The Housing Authority has received notice from the Colorado Housing and Finance Authority that our application to carry over the tax credit allocation for the Lone Tree Village project has been approved. Under the terms of this approval, all required zoning and land use approvals must be obtained by June 30, 1996, construction must begin by December 31, 1996, and construction must be completed by December 31, 1997. Pursuant to the election results, the Town or Housing Authority will not develop, construct, or operate the project. The application to the Colorado Division of Housing for a $450,000 grant has been withdrawn. All work with the architect, contractor, and other consultants has been stopped. I think we have the following options to close out the project: 1. Reject the tax credit allocation and other related grants. A. Keep land for another public use. B. Subdivide and sell commercial land. P (3 RAY 1 -)(10 Tele[,hone ( Â·;031 586-3331 Town of Estes Park Estes Park, Colorado 80517 Lone Tree Village Project -2- January 2, 1996 2. Transfer the Town's interest (tax credits and grants) in the Lone Tree Project to another low income housing group. A. Transfer complete project, including design and project management to date. B. Transfer project minus land contribution. Sell land at cost to project. C. Transfer project minus tap fee contribution. Charge project appropriate tap fees. D. Transfer project minus land and tap fee contribution. Recommendation: That staff be authorized to request proposals ftom other housing groups for the Lone Tree Project (#2A). dwili 1 1 RECTI\JED DEC 2 9 1995 Colorado Housing and Finance Authority ADMIN. DEPT 1981 Blake Street Denver, Colorado 80202-1272 303-297-2432 December 28, 1995 LOW-INCOME HOUSING TAX CREDIT 1995 CARRYOVER ALLOCATION Mr. Richard D. Widmer Estes Park Housing Authority P. O. Box 1200 Estes Park, CO 80517 RE: Lone Tree Apartments Project Number 95-027 Dear Mr. Widmer: The Colorado Housing and Finance Authority (the "Authority") hereby advises you of its 1995 low-income housing tax credit carryover allocation for the above-captioned building or project in the amount of $490,356 (the "Carryover Allocation"). Enclosed are copies of the executed Carryover Allocation form, Attachment I indicating the Building Identification Number (BIN) assignments, and the executed Low-Income Housing Tax Credit Carryover Allocation Agreement (the "Carryover Agreement"). The actual credit will be allocated when the building or buildings are placed in service. The Carryover Allocation is subject to, and no credit will be allocated unless the building or Owner complies with the following conditions: 1. The building or buildings must be placed in service on or before December 31, 1997. 2. Prior to November 1 of the year of placing a building in service, the Owner must complete a Final Allocation application (available upon request) and submit it and the required attachments to the Authority. D-4-,-A an m.vel,Â»A .9,Â·IM COLORADO HOUSING AND FINANCE AUTHORITY Mr. Richard D. Widmer December 28, 1995 Page 2 The Authority reserves the right at any time to revoke or modify the Carryover Allocation if it determines, at any time, in its sold judgment, that (i) any building will not be placed in service by the end of 1997, or (ii) each of the buildings does not in fact constitute a "qualified low-income building" eligible for the credit under Section 42 of the Internal Revenue Code of 1986 (the "Code") and applicable regulations thereunder; or (iii) the Owner has failed to comply with the Carryover Agreement. The Authority further reserves the right to reduce the amount of the Carryover Allocation based upon its final determination of the housing credit dollar amount pursuant to Section 42(m)(2) of the Code. The Carryover Allocation is made based upon, and is conditioned on the accuracy, truthfulness and completeness of the information which you have submitted to the Authority, which information is subject to confirmation at or prior to the final allocation of the credit. The Carryover Allocation also is subject to, and may be modified or revoked on account of any failure to comply, or inconsistency with, applicable proposed, temporary or final regulations promulgated by the US. Department ofthe Treasury with respect to Section 42 of the Code. The Carryover Allocation does not constitute a determination or representation by the Authority of the feasibility or viability of the project. The Authority makes no representation concerning any tax consequences resulting from this Carryover Allocation and accepts no responsibility for any adverse consequences to the Owner or its investors arising out of this Carryover Allocation or other information concerning the low-income housing tax credit. Sincerely, 0\*iuptÂ«467.-- David W. Herlinger / Executive Director I)WH:scr Enclosures rental\lihtc\corres\Itrcover.doc .* TOWN OF ESTES PARK INTERÂ®FFICE MEMÂ®RANDUM th / TOWN OF ESTES PARK U=h~,f ,-1 - ti KS:bayâ€¢2056, 69%~.2.~~5~~.~~ ~~~~~6~~~, , 2.1 1,3 -41 Â·.IL 9 VA *2;2 ./ c.-- 2 litrff'Stri . At ....4 41 . - - >46-b,2#Pe --Â·i~p . / i 'raaA/-:E===* 1 -4- --- 4 N - - mate: January 4, 1996 To: Estes Park Housing Authority Board of Commissioners Gary Klaphake ~ From: Rich Widmer'--Â»_,.A~ Subject: Lone Tree \,~*le Project Costs Development costs to date for the Lone Tree Village project are as follows: 1. Tax Credit Fees $23,067.30 2. Development Management 24,Â®00.8Â® 3. Rent & Market Study 3,00@.00 4. Architect Fees 5,781.76 5. Tepographic Survey 1,405.Â®8 6. Environmental Study 2,5@0.00 7. Mercy Lean Fee 300.00 8. Tax Credit Attorney 2,291.63 9. Tax Credit CPA (Estimated) 800.00 TOTAL DEVELOPMENT COSTS $63,145.69 10. Land costs 397.072.00 TOTAL COSTS $46@,217.69 (303) 586-5331 â€¢ RO. BOX 1 200 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-0249 COMMUNITY DEVELOPMENT â€¢ FAX (303) 586-6909 OTHER RECEIVED NOV U 3 199% ADMIN. DEPT akett2*/ Box 1560 â€¢ Estes Park, Colorado 80517 (970)586-4416 November 3, 1995 Gary Klaphake, Town Manager Estes Park Dear Mr. Klaphake: During 1994, and perhaps previously, the Town initiated a comprehensive program to promote the Stanley Hotel. That promotion included a variety of benefits to the Stanley property, including Town funding and direct assistance in obtaining funding from the Colorado Historical Society. At that time, we met with several Town representatives and requested similar assistance, inasmuch as we felt that the Elkhorn was even more historic and equal in importance to the development of Estes. We also requested equal assistance with grant requests from the Colorado Historical Society. This letter confirms our prior requests and constitutes our demand for equal treatment. Very truly yours, *6754#LL-- (Jerry Zahourek Associated Property Consultants, Inc. Colorado's first Dude Ranch and oldest continuously operated Western Resort celebrating its 122nd year. RECEIVED NOV 0 3 1995 ADI\~1. DEPT. Box 1560 â€¢ Estes Park, Colorado 80517 (970)586-4416 L./ November 3, 1995 Gary Klaphake, Town Manager Estes Park Dear Mr. Klaphake: In May 1991, I visited with the EPURA Director and was presented with the Town's development Masterplan that existed at that time. That plan included an extension of the Riverwalk along West Elkhorn Avenue terminating at the Elkhorn Lodge & Guest Ranch's Western entrance. Based on that plan we developed a operational plan for the Elkhorn and incurred substantive long debt that included the Town's representations. In 1993, when it became obvious that the Town and EPURA had completed most of the Masterplan in the Town's center and had no intention of continuing its investments along West Elkhorn Avenue, I met with the EPURA Director and protested that the Town was failing to follow its Masterplan. I was informed that the Town might continue with the West Elkhorn Ave. portion of its original Masterplan in the year 2,000, or maybe even after that date. This letter is confirmation of the Elhorn Lodge & Guest Ranch's demand that the Town not arbitrarily implement limited portions of its Masterplan to the detriment of the Elkhorn and its operational objectives and plans. That demand is restated here. Very truly yours, It'OU//47/L,1.-gl (Aerry Zahourek Associated Property Consultants, Inc. Colorado'sfirst Dude Ranch and oldest continuously operated Western Resort celebrating its 122nd year. RECEIVED N OV 0 3 1995 ADMIN. IPT Box 1560 â€¢ Estes Park, Colorado 80517 (970)586-4416 November 3, 1995 Gary Klaphake, Town Manager Estes Park Dear Mr. Klaphake: On September 15, 1995, the Town caused to have printed in the Trail Gazette the following: The Estes Park Board of Trustees appointed John Frey of Fort Collins Tuesday to serve as special prosecutor in alleged code violations by Elkhorn Lodge and its owner, Jerry Zahourek. F rey was authorized to pursue actions in Municipal Court, County Court and District Court to correct a variety of problems discovered at the historic West Elkhorn establishment. Building Inspector John Allman said Zahourek has been faulted for dredging the river without a permit, storing items outside on the property, remodeling without building permits, and using tents and tepees {sic} for camping without first receiving permission in special review hearings. Apparently the Town Board appointed a special prosecutor without having facts sufficient to support the need for such an extraordinary action. We hereby demand a public reversal of such decision until the Town has a proper basis, and then it may announce to the public the basis for its action. River Dredging Allegation The allegation that we were dredging the river without a permit is slanderous information regarding the Elkhorn Lodge & Guest Ranch {Elkhorn}, apparently designed to destroy the Elkhorn's general and the undersigned's personal reputation within the community. The Town's apparent objective has been accomplished. For example, even a Town representative, the Director of Public Works, has twice indicated to an Elkhorn representative that a remodeling permit would not be processed until some communication from the Corp of Engineers was received, and the only conclusion available is that the Director of Public Works apparently believed the Town's publicized allegations. The facts are: [1] when the flooding occurred in May 1995, the Elkhorn was denied sandbags and was told by the Town to use its backhoes to dig in the river Colorado's first Dude Ranch and oldest continuously operated Western Resort celebrating its 122nd year. 2 to protect its property; and [2] the Town knew, or should have known, that General Permit 95-04, under Section 404 of the Clean Water Act (33 USC 1344) and in accordance with 33 CFR 325.5 (c)(1). This automatic provision exists specifically for authorizing emergency flood protection and repair measures. That the Corp of Engineers has determined that our repairs to be within the Federal laws indicates that the Elkhorn is not "developing a flood plain", and does not, therefore, need a Floodplain Development Permit from the Town. [Under new Federal regulations, there is question as to the whether the area involved is floodplain area.] We demand a public retraction by the Town with appropriate explanation. Further, we request a settlement conference to address compensation for the damage to the reputations of both the Elkhorn and the undersigned. Stored Ttemq Allegation As this is written we have not the slightest idea as to what items are being "stored" that is the Town's focus of publicized objection. It would appear to be normal procedure for the Town, in some manner or another, to communicate with the alleged offender to express its concerns rather than appoint a special prosecutor and announce to the public some ambiguous, arbitrary and undocumented allegation. Unless the Town has some documentation concerning this issue that we are unaware of, this allegation is yet another libelous attempt by the Town to discredit the Elkhorn's general and the undersigned's personal reputation. We demand a public retraction by the Town with appropriate explanation, and request a settlement conference to address compensation for the damage to the reputations of both the Elkhorn and the undersigned. Ieepee_Allegatien The Town's public allegation regarding the teepees appears another attempt to smear the Elkhorn's reputation because the Town received a written statement that we do not believe the Municipal Code applies because the Elkhorn's commercial activities are grandfathered, if, in fact, teepees are tents. We do not believe a special review is required for other reasons beyond that of grandfathered protection. If a special review were required, we would place the teepees on lands outside of the Town limits. Following two expensive and time- consuming requests for special review by the Town Planning Commission, the Elkhorn's management made it absolutely clear to the Town Manager and other Town officials that no further matters would be placed before the Planning Commission because of the arbitrary way they treat certain "old-boy" applicants and non -old-boy" applicants. 3 The Town's publicizing the allegation that the Elkhorn is conducting illegal activities without including the Elkhorn management opposing views further reinforces our claim that the Town has slandered our reputation. The Special Prosecutor As a taxpayer, the Elkhorn generally objects to the expenditure of funds for a non-Estes Park attorney for its 'prosecution' of the Elkhorn. Estes Park attorneys are equal to any of the non-Estes Park attorneys, less expensive, and more accessible. The Town Board should generally adopt and enforce a 'buy Estes Park program', just as the State has successfully adopted a 'buy Colorado program'. Very truly yours, //VÂ«-,5. 9,#6+0-VA~ Lderry Lahourek Associated Property Consultants, Inc. ELKHORN LODGE & GUEST RANCH 602 1560, ESTES PARK, CO 80517 970-565-4416 RECEIVED DECEMBER 4, 1995 DEC 0 4 1995 Town Board Estes Park, CO 80517 ADMIN. DEPT. Dear Board Members: On November 3, 1995, undersigned sent several letters to the Town regarding a consistent series of mistreatments over the past five years. The Town has not acknowledged receipt and continues with its unequal treatment of the Elkhorn including, for example, using tax funds for a ~special prosecutor" for frivolous criminal complaint[s]. Elkhorn's survival as a historical operation requires 100% of its available resources. Squandering resources on non-productive interaction with the Town will necessarily assure the Elkhorn's replacement with some other commercial venture, i.e. a Walmart. The best interests of the community appear to be the continued presence of a economically viable Elkhorn Lodge, a registerdd National Historical Property, operating in its traditional and historical format of the past 125 years. Therefore, we seek your immediate help. We request disconnection of all properties linked to the Elkhorn Lodge & Guest Ranch and owned by directly or indirectly by undersigned, comprising approximately 26 contiguous acres, from the Town. Colorado Revised Statutes permit this disconnection directly by application or through the courts. The most simple and the alternative that conserves resources for the Elkhorn's continued development as a historical site, is for the Town,to disconnect by ordinance. CRS 31-12-501, Disconnection by Ordinance - Statutory Cities and Towns," is attached. In the alternative and only if necessary, the Elkhorn Lodge & Guest Ranch owner will seek disconnection through the courts, on the basis of the subject matter of our November 3, 1995 letters to the Town. This expensive alternative would delay Elkhorn's development and is not in the best interests of this community. It is requested that the Board approve this request in principle at its next meeting so that the proposed ordinance may be drafted and presented for enactment in early January 1996. (7erryÂ· Zahourek Owner - r. *321 4 0 â‚¬ 3 E M k g M * * 2 5 0 2 6 -6 4 O 2 6 - 2 *5 - 1 -1 -9 1 i ~ '8 Z.EN 5,2 1 2 6 9 â‚¬RE 3 c su. SEÂ·o ,..2 2 % -32.2 45 --2 A Â¢.0 a 328d 3.9 & D E po =23 =,528 .@ 6 -2 G; m .~ * ~6 ~~ M g ~ .A-Ii 3 2~ %-~ 2 213 E E 16-ME# 2 0 h. i .0 2 2 8 4-'* Mij~-2 MÂ·~ -2. 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V ME O:Z g% 4. =.c U *M 1- 9 2 = .2 2 E & m y U) - 9 - m 9 h m E 5; .2 2 1 2 # 8 4~ 1 :~ >. : 2 0 -i w & 2 16 5 Â·1 3,0 - E E 2 E Â·2 4 Â£ 3 2 utu~<aZC~a~~f~~=~9 T Â·5 2.3 2 2.9 4 9 4 j Â·.3 5 s 0 >0# -#... 31-12-414 Government - Municipal .-/Ii/L.'u/,Ull-L.u.,/L.j,,u/Nv/ - 1,â€¢i'LU..Adii/vil -,i-i_ 1, annex on shall be complete, and the city or town to which , of such tract, it shall enact an ordinance effecti such disconnection. If power to pass such ordinances, not incon- 4 such a rdinance is enacted, it shall be im tely effective upon he fuct the terms of such annexation. There. Â· with the county clerk and record o accomplish the discon- rt of the cit Â· or wo certified copies the in the snonS! 1 03 JO ]JE.11 E u34AA 'Â£1011.LIal logulloo 01 uo!}Ped 'I09-IIi s J! 'pue 'uo! U!41tm JOE]qU12 2.lE 'Elle U! SOJOE 210111 JO A Bullub.129e 'puei JO Sioun uooq 524 luoulied lions le IJ ANOIA.LVIS - 332!33a .LM!103 AiI NOI.LOHNNOOSICI OJ pUU[ jO DE.11 s vulloGUUOD section. ains unpaid and for the payment of whic sa UOU] 118 UM E p 1 011 00 1 ooje poieinoieo 'ssoupoiqopu 0!U LpnS JO 1112 luxed jO SO for asse ent of all the ro ert nne ed SCch annexat . k and reco as been included in ile such land wswt uirement tha , e general forecl . R & RE, L. 75, p. 1101, Â§ 1. repayment. When t e ienbo ss@upoiq q 4/,% Siulpooo 1 Â§ '101 I 'd '5L1 '321 Â¥ N :33'nos a relevant case con purpose of paying any r the ateral attack i i ed. I rthe annexati ft IQUAO @41 uot{/M 11m.Ig - luautpeue - uo Xq poolpnf 1 ukeol Jo /(19 041 jO 5152.LOW! ispq rporation ctors of 1 the sam y provide by general law~or the orga- annexati of are constitutional requireme t. annexa 3 14 pri o t ovision complie with t e creat O1103NNODSIa JO 041 01 111@JE pe pue u!41 04 poloouuoosIP 10911 PlES @AE p qons Jo Apoq e to another 1 e achment h inde E