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Home My WebLink AboutPACKET Town Board 1996-03-26. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 26, 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 March 12, 1996. 2. Bills. 3. Committee Minutes: A. Light and Power, March 14, 1996. B. Planning Commission, March 19, 1996 (acknowledgement only). ACTION ITEMS: 1. Light and Power Committee, March 14, 1996: A. Utility Service Contract for delivery of Power to Rocky Mountain National Park - Approval. B. Highway 34 Street Light Conduit Contract - Award to Chief's Landscaping. 2. Highway 34 and Loop Water Department Projects Award of Bid - Water Superintendent Goehring, RMC Representative Prochaska. 3. Planning Commission: A. Public Hearing - Amended Plat of Lots 2 and 3, Prospect Village Subdivision (Estes Park Brewery), Ed and Gisela Grueff/Applicants. B. Public Hearing - Amended Plat of Lots 3 and 4, Mountain Technological Center, John Elley/Applicant. C. Public Hearing - Special Review #96-2, Lot 2, Mummy Lane Subdivision, Johanna Gengler/Applicant. 4. Liquor Licenses: A. Transfer of Ownership: From Crown & Thistle, Inc., to LK & A Investments, Inc., dba LULU'S CORNER DELI, Beer & Wine License, 206 E. Elkhorn Ave. 5. Town Administrator's Report: A. Adjourn as Board of Trustees and 1 Convene as Estes Park Housing Authority 1. Lone Tree Village Development Proposals - Selection of Developer. 2 Town of Estes Park, Larimer County, Colorado. . Maggh. 12. . 1 0, 19.96 . Minutes of a . Regular. . . meeting of the Board of Trugtee, of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in 12th day of ... .MarcD ..., A.D., 19.96 . said Town of Estes Park on the . .... at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Pregent: Mayor Trustees: H. B. Dannels Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Also Preeent: Gary F. Klaphake, Michael E. Miller, Town Administrator J. Donald Pauley Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: None Mayor Dannels opened the meeting at 7:31 P.M. PUBLIC INPUT. Al Sager, 911 S. St. Vrain, complimented those responsible for mailing a flyer urging defeat of the Storer Ranch Rezoning Question on the upcoming April 2, 1996 election. Mr. Sager questioned what potential liability exists for the Town should the ballot question pass and the property owners file suit. Staff responded that the Town would be forced to defend the election results, with Town Attorney fees being paid by Town funds. CONSENT CALENDAR: 1. Town Board minutes dated February 27, 1996. 2. Bills. 3. Committee Minutes: A. Community Development, March 7, 1996. B. Firemen's Pension Fund, March 6, 1996 (acknowledgement only). 4. Presentation of Ordinance for the Adoption of the 1996 National Electric Code, public hearing scheduled April 9, 1996. It was moved and seconded (Dekker/Marshall) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: Mayor Dannels announced that certain Agenda Items would be re- ' arranged from the official Agenda. 1. Park Entrance Estates Special Improvement District #95-1: A. Mayor Dannels opened the public hearing. Attorney White explained that the hearing would be continued to April 9, 1996 due to an error in the Larimer County Assessor's records. The error, therefore, caused an inaccurate assessment roll which must be corrected; and notice to Board of Trustees - March 12, 1996 - Page 2 each affected property owner and republication in the local newspaper must be processed. Attorney White urged affected property owners to hold their comments until April 9 meeting; however anyone was given the opportunity to speak at this time. There were no persons offering testimony at this time. Thus, it was moved and seconded , r (Doylen/Pauley) the public hearing be continued to April 9, 1996, and it passed unanimously. Administrator i Klaphake reported that the Public Works Dept. has received a pending bid which will be held in abeyance. 2.A. 1996 Downtown Parking Manaaement Program - Presentation/Adoption. Mayor Dannels opened the public hearing. Trustee Pauley reported that last Fall, a series of workshops were held where those interested were invited to offer their ideas for solutions to the parking problem. EPURA Commissioner Randy Martin and EPURA Executive Director Anderson attended the meetings and took notes--all suggestions were compiled and prioritized, and the Parking Management Plan for 1996 is now being submitted for approval. The Plan was presented to the Public Safety Committee February 15, 1996, and, pursuant to that meeting, staff amended the report as follows: (1) deleted the West Riverside Park area and added Virginia Drive (east and west side in front of the Courtyard Shops) to the Timed Parking 3-Hour Limit section, (2) added the Brownfield Lot to the 3-Hour Limit Parking Lot section, and (3) deleted the "north side of Park Lane" from Virginia Drive and added West Riverside Drive (West Riverside Park area, including small lot) to the Untimed Space Section. The Public Safety Committee recommended approval of the Plan, including evaluation to be conducted in October, 1996. The Plan will be In force prior to Memorial Day and in effect - until Labor Day. The "Clancy Computer System" will be utilized to track all vehicles in a lot by license number, not specific location within the lot--there is no "in and out" of a lot or vehicle movement within a lot to circumvent the timed parking restriction. The first ticket to a license plate will be a warning, and license plates with a handicap designation will be exempt. Regarding the fine schedule, Trustee Pauley suggested that in lieu of increasing the fines from $10 - $80, they be amended to read first ticket/$10, second ticket $20, the third ticket $30 and any ticket thereafter $40. All data collected through the Clancy System should prove very useful for various Town Department, particularly for the Advertising Program. Trustee Pauley recognized Commissioner Martin and Director Anderson for their efforts on this project. In addition, Trustee Pauley called attention to the Report which contained signatures of 41 merchants in support of the Plan. Those speaking in favor: Randy Martin, who commented that the parking problem should be managed, instead of it (the problem) managing the Town. The Clancy System is a good system, which includes a warning notice for the first violation. Also, maps, identifying areas for long-term parking which include a friendly note, are being prepared to enhance the visitor's experience in Estes Park. The town should proceed with Plan approval as review/public meetings are scheduled in October, the Plan can be adjusted accordingly. In addition, Estes Park is one of the few communities with such high visitor counts that do not have parking regulations, and this Plan may help promote alternate modes of transportation. John Mutcheler, business owner, spoke in support of the plan, adding that the Plan may not be perfect; however, it contains more merits then other plans; he would like the improved signage to be completed, and urged approval. Board of Trustees - March 12, 1996 - Page 3 Those speaking in opposition: Lee Kemper, El Centro Complex. If the Plan is, adopted, his condominium business will be eliminated. Mr. Kemper stated another business owner is in a similar position; Kemper's complex generates a substantial amount of sales tax dollars for the Town; and he requested a five-space exemption which would enable his guests to park in the lot serving the condominiums. Administrator Klaphake commented that there may be a few instances where citizens are residing in the downtown area, in second story buildings-- staff should review this issue. Additional discussion followed concerning Kemper's hours and type of operation. Trustee Doylen suggested those merchants and residents affected receive a dashboard exemption. Staff suggested a placard system, with affected merchants/residents applying to the Town to ensure authenticity; delineation of parking stalls would not be required with a placard. Mr. Kemper also noted that he would like to make arrangements for weekend parking with a nearby real estate company. Staff will review the Plan and communicate with Mr. Kemper. : John Baudek, resident, commented that in his past experience, clients have a tendency of retaining placards. In addition, he believes the fine schedule should be reduced to $10-$40 on a trial basis to include a warning. Jan Jackson questioned whether an alternative plan for employees who work downtown- was reviewed,.possibly to include a parking structure? Staff responded that the Plan includes 400 untimed parking spaces, there are no designated spaces for Town employees, in the past there has not been any motivation to use alternate modes of transportation, and that private lots must be enforced by their owner. There being no further public testimony, Mayor Dannels declared the public hearing closed. Trustee comments followed concerning the fine schedule, with staff confirming that the Municipal Judge can impose fines for greater amounts (up to $300.00) than the ordinance setsforth to impress the repeat offender. Trustee Miller stated that the Plan will result in a shortage of untimed parking spaces, and that by designating only 1/3 of the spaces for untimed use, it may be perceived that the Plan discourages anyone from going downtown for more than 3 hours. Trustee Miller additionally expressed concern with the three hour parking limit, the fine schedule, and the Plan may force movement of vehicles, however, it may be a great detriment for people who do not work downtown. Trustee Gillette agreed that there is a parking problem downtown, there is insufficient money for a parking structure to resolve a short-term problem, the Plan provides for potential amendment, and moved the 1996 Parking Management Plan be approved with the reduced fine schedule as defined above. Mayor ProTem Dekker seconded the motion, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall and Pauley. Those voting "No" Trustee Miller. B. 1995 Model Traffic Code - Adoption. Captain Filsinger presented the Code and requested it be adopted as amended (fine schedule). Attorney White read the Ordinance, and it was moved and seconded (Gillette/Doylen) Ordinance #4-96 be adopted, and it passed unanimously. Attorney White clarified the "warning" notice relative to the first ticket. C. Authorization to Purchase a Patrol Vehicle. Captain Filsinger summarized a memorandum dated March 7, 1996 for said vehicle purchase, requesting approval to purchase a Crown Victoria from Burt Chevrolet for $17,093.40. Due to the limited number of these vehicles, if it is not available at time of order, staff requests authorization to purchase a Jeep Cherokee for Board of 'Trustees - March 12, 1996 - Page 4 $18,343.00. A total of $20,000 was budgeted in. 1996 for this purchase. It was moved and seconded (Gillette/Dekker) staff be authorized to purchase the Crown Victoria for $17,093.40, with the Jeep Cherokee as an alternate, and it passed unanimously. 3. Approval of Standard Horse Show Agreements. It was moved and seconded (Doylen/Pauley) the Rocky Mountain Miniature Horse Club Agreement for June 19-23, 1996, and Colorado Arabian Horse Club Agreement for July 2-6, 1996 be approved, and it passed unanimously. 4. Amended Plat Of a portion Of Lot 46. Grand Estates Subdivision. Don McEndaffer. Mayor Dannels opened the public hearing. Administrator Klaphake reported that the Applicant is requesting a lot split. A neighborhood map was presented which identified lot sizes in the neighborhood. The Applicant has met all Commission conditions. Applicant' s Representative Paul Kochevar reviewed the proposal, stating that the Commission had only one adverse comment, and it related to concerns with the lot size (Commissioner Pohl--the proposal did not meet the test for lot size). The Applicant has met with all of the adjacent owners and assured them he would only install underground power lines, and this statement has been. added to the plat. All utilities are on site, the proposal has twice been reviewed by the Planning Commission, and it blends well with the neighborhood.' As no one spoke in opposition, Mayor Dannels declared the public hearing closed. It was moved and seconded (Pauley/Marshall) the Amended Plat of a Portion of Lot 46, Grand Estates Subdivision be approved. Trustee Miller disagreed with the "findings" based upon the exception not being necessary for the preservation and the enjoyment of a substantial property right of the petitioner. This proposal is not a preservation, it is an increase. Trustee Doylen responded on the criteria on which such a proposal is based, and that the subdivision contains 24 lots less than an acre in size, and 15 are greater than an acre-- this proposal is not inconsistent in the neighborhood. Trustee Marshall noted that this proposal conforms to the neighborhood. Trustee Miller reiterated his objections. The motion passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall, and Pauley. Those voting "No" Trustee Miller. B. Amended Plat of Lots 2 and 3. Prospect Village Subdivision (Estes Park Brewerv). Ed and Gisela Grueff/Applicants. It was moved and seconded (Dekker/Doylen) the Amended Plat be continued to March 26, 1996, and it passed unanimously. C. Amended Plat of Lots 3 and 4. Mountain Technoloaical Center. John Ellev/Applicant. It was moved and seconded (Dekker/Doylen) the Amended Plat be continued to March 26, 1996, and it passed unanimously. D. Special Review #96-2. Lot 2. Mummv Lane Subdivision. Johanna Genaler/Applicant. It was moved and seconded (Dekker/Doylen) Special Review #96-2 be continued to March 26, 1996, and it passed unanimously. 5. Resolution #7-96 - 1996 Budget Amendment for the Firemen's Pension Fund. Mayor Dannels and Mayor ProTem Dekker declared a conflict of interest and vacated the room. Trustee Gillette chaired meeting. Administrator Klaphake reviewed the minutes of the Firemen's Pension Board where it was decided to increase the Firemen's Pension Plan to $225.00/month, effective July 1, 1996. The Pension Board is seeking the Town Board's concurrence due to the affect to the 1996 Budget. Attorney White read the Resolution, and it was moved and seconded (Doylen/Marshall) Resolution #7-96 be approved, and . Board of Trustees - March 12, 1996 - Page 5 it passed unanimously. 6. Town Administrator' s Report. Administrator Klaphake reviewed the report for first quarter sales tax revenues. Receipts are below budget projections ($82,000) and spending for certain large items has been temporariiy postponed. There being no further business, Trustee Gillette adjourned the meeting at 9:00 P'.M. , - Mayor .................. Town Clerk BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Light and Power Committee March 14, 1996 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: All Also Attending: Light & Power Director Matzke, Assistant Town Administrator Widmer, Deputy Clerk Kuehl Absent: None Chairman Dekker called the meeting to order at 8:06 a.m. PROPOSED 1996 ELECTRIC RATE CHANGES Director Matzke explained that the Town Board public hearing is scheduled for April 23 to consider the proposed changes to the Town's Residential Energy and Small Commercial Time of Day Rates, and the Large Commercial and Rocky Mountain National Park Large Administrative Rates. The Time of Day Rates will be extended to 12 months per year, affecting 62 customers. A charge will be developed for combined billing to customers who have multiple accounts on the Large Commercial and Rocky Mountain National Park Large Administrative Rates. This option would allow customers with multiple meters to be billed as one account. A fee of $50 per meter will be administered to offset the cost of the software needed for this program. There are 77 customers presently billed at the Large Commercial and RMNP Large Administrative Rates. HIGHWAY 34 STREET LIGHT CONDUIT INSTALLATION Director Matzke explained that this project involves installation of approximately 7,000' of 2" PVC conduit in various locations along the south side of Highway 34 providing underground feed of all area street lights. Two bids were requested, and one bid was received from Chief's Landscaping for a cost of $23,230, which is consistent with previous contracts of similar scope. Trustee Pauley expressed concern that other bids should be considered. Director Matzke explained that; because of the size, this project was not advertised. After further discussion, the Committee recommends the contract for the Highway 34 Street Light Conduit Installation be awarded to Chief ' s Landscaping for an amount not to exceed $23 ,230. ROCKY MOUNTAIN NATIONAL PARK UTILITY SERVICE CONTRACT Director Matzke presented the revised draft of the proposed contract between the Town, Platte River Power Authority, and the National Park Service for delivery of power to Rocky Mountain National Park. In this contract, the Park Service adopts the Town's Light and Power Department Rules and Regulations, Rate Schedules, and Extension Policies, and agrees to pay a prorated portion of Platte River's operation and maintenance costs at Marys Lake Substation. Platte River agrees to adjust the Town's wholesale power bill by the amount of electricity consumed by administrative loads. The Town agrees to provide electric service to RMNP at the Town's published rates and in accordance with the Light and Power Rules and Regulations. The Committee recommends this contract be executed in final form, incorporating comments and recommendations from Attorney White. Director Matzke added that two documents remain to be signed: a Memorandum of Understanding that grants the Town authority to occupy the Park and a transfer of ownership to the Town of the remaining existing system. BRADFORD/ue LISHING CO. RECORD OF PROCEEDINGS Light & Power Committee Meeting, March 14, 1996 - Page 2 REPORTS Director Matzke presented the Financial Reports for February. Platte River Power Authority: Assistant Administrator Widmer reported that at the February Board Meeting, Platte River reviewed the 1995 audit, the Best Practices Policy, the Strategic Financial Plan, the large customer service team report, and the debt loading ratio. Project Updates: The Scott Avenue circuit tie is complete. All cables are installed and tested; however, they are not energized at Grey Fox Estates. There being no further business, Chairman Dekker adjourned the meeting at 8:50 a.m. Tina Kuehl, Deputy Town Clerk BRADFORDPUILISHINGCO RECORD OF PROCEEDINGS Planning Commission March 19, 1996 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners Burgess, Gilfillan, A. Hix, and Pohl Also Attending: Senior Planner Joseph, Deputy Clerk Kuehl Absent: Commissioners Brown and Thomas Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES. Minutes of the February 20, 1996 meeting were approved as presented. 2. SUBDIVISIONS. 2.A. Amended Plat, Lot 278. Replat of Lots 26 & 27. Grand Estates Subdivision, Jim & Eunice Docter/Applicants. Applicant's Representative Paul Kochevar reported that the proposed Highway 34 widening project will require relocation of the water line along the northern boundary of Lot 27B. The utility easement is split between Lot 27B and half on the condominium complex to the north. As the patios attached to the condos encroach onto this easement, it is necessary to relocate the entire easement to Lot 27B. The present building setback of 75' will be reduced to 55'. The Town has received letters of support from the owners of Lot 27B and from the adjacent condominium homeowners' association. Commissioner Pohl expressed concern that, pursuant to Ordinance 1-96, all owner signatures do not appear on the application. Applicant's Representative Kochevar assured the Commissioners that all owner signatures will be in place prior to the April 9 Town Board meeting. It was moved and seconded (Hix-Burgess) that the Amended Plat Of Lots 26 & 27, Grand Estates Subdivision be approved with the condition that all owner signatures appear on the Plat prior to final approval by the Town Board, and it passed unanimously. 2.B. Amended Plat, Lot 2. Deer Crest Subdivision and Tracts 56 & 57, Fall River Addition. Al & Carol Tallakson / Applicants. Applicant' s Representative Kochever reported that the Amended Plat has been signed by all the owners. This Amended Plat divides an existing 4.3 acre lot into two conforming lots, 1.6 acres and 2.8 acres respectively. Riverview Pines Motel is located on the larger lot; the smaller lot is presently vacant. Planner Joseph reviewed the Staff comments, noting Staff's request for the dedication of a Pedestrian/Bike easement along the north line of Tract 56C. Kochever noted that the Applicant is in agreement with the Staff comments. The Pedestrian/Bike easement Will be discussed with the Applicant. Mr. Kochevar also stated that notes regarding sewer line easements will be added, and that the property is included in the NCWCD. It was moved and seconded (Gilfillan-Hix) that Amended Plat, Lot 2, Deer Crest Subdivision and Tracts 56 & 57, Fall River Addition be approved with the following conditions, and it passed unanimously: 1. Highway access be restricted to a single point at the existing location. 2. Distance and bearing information be added to existing power line easement. BRAOFOROPUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission, March 19, 1996 - Page 2 3. Portions of the existing waterline easement on Tracts 57 and 56A be shown for informational purposes. 4. Proof of inclusion in the NCWCD be provided. 5. All existing and/or new sewer lines be located within easements with provisions for future maintenance. 6. Pedestrian/bike easement be dedicated along the north line of Tract 56C next to the highway R.O.W. 7. Wetlands boundaries be identified. 3. COUNTY REFERRAL. 3.A. Tundra View Apartments. East Side of Elm Road. Jim Nvtes/Applicant. Applicant's Representative Griffith Johnston, Johnston Engineering, reported that the property is currently being operated as a gravel quarry. Upon completion of this operation scheduled within the year, the Applicant has proposed a low income, multi-family apartment complex,- consisting of 80 units in a mix of 24 one-bedroom, 44 two- bedroom and 12 three-bedroom units. . Commissioner concerns included the sparse detail of the submittedÂ·plan, the lack of topographical layout, reclamation requirements, the safety factors created by the steep cuts in the hillside. Representative Johnston reported the Development Plan will contain the details, including the topographical information, and the Applicant-is aware of the botential safety hazard; he will address those issues. Planner Joseph clarified that this Application is in the first level of concept technical review with Larimer County, and the Town Planning Commission will have an opportunity to review this proposal in greater detail and comment to the County at a later date as the Application proceeds through the planning process. This proposal was routed to the Town Planning Commission at this point for comments regarding the general concept such as land use and compatibility with the neighborhood. Joseph distributed copies of the existing and proposed land use vicinity map. This site is within an area that was targeted for residential use in the Town's current Comprehensive Plan. Joseph recommended that the five existing lots on this site be consolidated into one single lot. It was moved and seconded (Pohl-Burgess) that Staff be directed to advise Latimer County that the Planning Commission finds this project acceptable and recommends consolidation of the five lots into one lot, requesting the opportunity to review the project when additional details are available, and it passed unanimously. 4. REPORTS Chairman Sager introduced Roxanne Botic, Community Development Secretary replacing Carolyn Jones. Paul Kochevar requested the Commission's opinion regarding the use of 11" x 14" plats in place of the full-size plats. After some discussion, it was the Commission's consensus that the full-sized plats be provided to the Commission, and the reduced size be provided for mailings to property owners. There being no further business, Chairman Sager adjourned the meeting at 2:22 p.m. 1-14 142.2 Tina Kuehl, Deputy Town Clerk ...0/0.0 PUILI'll.0 COÂ· RECORD OF PROCEEDINGS Light and Power Committee March 14, 1996 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: All Also Attending: Light & Power Director Matzke, Assistant Town Administrator Widmer, Deputy Clerk Kuehl Absent: None Chairman Dekker called the meeting to order at 8:06 a.m. PROPOSED 1996 ELECTRIC RATE CHANGES Dibqctor Matzke explained that the Town Board public h,fing is schedujed for April 23 to consider the proposed chan.fts to the Town' s 149idential Energy and Small Commercial Time~df Day Rates, and the Large Commercial and Rocky Mountain Natidnal Park Large AdministrativeiRates. The Time of Day Rates will/be extended to .12 months per yeari~ af fecting 62 customers. ,/ A charge will be developed for combined billing to customers who have multiple accounts on the LargexCommercial and Rogk9 Mountain National Park Large Administrative Rettes. This option' would allow customers with multiple meters to be billed as one/account. A fee of $50 per meter will be administered ~~ o*frset the cost of the software needed for this program. There>*re 77 customers presently billed at the Large Commercial and RMNP barge Administrative Rates. il 07 HIGHWAY 34 STREET LIGHT"CONDUIT INSTALLATION Director Matzke explained that this project irhcolves installation of approximately/7,000' of 2" PVC conduit in harious locations along the south side of Highway 34 providing und@bground feed of all area street lights. Two bids were requested, arakpne bid was received f rom Chie f' s Landscaping for a cost of $23,23 OA=which is consistent with previous contracts of similar scope. \Trustee Pauley expressed concern that other bids should be cons Ddered. Directok Matzke explained that; because of the size, this pro*ct was not advertised. After further discussion, the Commitqe recommends the contract for the Highway 34 Street Light Conduih Installation be awarded to Chief' s Landscaping for an amount not to Aceed $23,230. ROCKY MOUNTAIN NATIONAL PARK UTILITY SERVICE CONTRAQI 1.n. Director Matzke presented the revised draft of the proposed A contract between the Town, Platte River Power Authority, and the National Park Service for delivery of power to Rocky Mountain National Park. In this contract, the Park Service adopts the Town's Light and Power Department Rules and Regulations, Rate Schedules, and Extension Policies, and agrees to pay a prorated portion of Platte River's operation and maintenance costs at Marys Lake Substation. Platte River agrees to adjust the Town's wholesale power bill by the amount of electricity consumed by administrative loads. The Town agrees to provide electric service to RMNP at the Town's published rates and in accordance with the Light and Power Rules and Regulations. The Committee recommends this contract be executed in final form, incorporating comments and recommendations from Attorney White. Director Matzke added that two documents remain to be signed: a Memorandum of Understanding that grants the Town authority to occupy the park and a transfer of : ownership to the Town of the remaining existing system. Utility Service Contract No. 1443CX242196011 for Electric Service Rocky Mountain National Park Colorado THIS CONTRACT (hereinafter "Contract") entered into this day of , 1996, by and between the UNITED STATES OF AMERICA, acting through the NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR (hereinafter "National Park Service" or "Park Service"), pursuant to the authority contained in the Federal Property and Administrative Services Act of 1949, as amended (Sec. 201, 40 U.S.C. 481 and awarded under authority 41 U.S.C. 253 (c) (1) ) and THE TOWN OF ESTES PARK, COLORADO (hereinafter "Town"), or also means its Contractors, agents or assigns, authorized to conduct business in the State of Colorado, and having its principal office and place of business at P.O. Box 1200, Estes Park, Colorado 80517, and the PLATTE RIVER POWER AUTHORITY (hereinafter "Authority" ), or also means its Contractors, agents or assigns, authorized to conduct business in the State of Colorado, and having its principal office and place of business at 2000 East Horsetooth Road, Fort Collins, Colorado 80525-5721, (collectively the "Parties"); WITNESSETH, THAT: WHEREAS, it is the desire of the parties to enter into a trilateral Contract for Electric Service, subject to obtaining all necessary consents, private easements, approvals, permits, and Right-of-Ways; and WHEREAS, the Park Service desires that the Town provide Electric Service for the existing and proposed electric Utility System, located within areas both inside and outside of the boundary of the Rocky Mountain National Park (hereinafter "Service Area"), installed by the Town under bilateral Utility Connection Contract No. 1443CX061095005 and modifications thereof between the Park Service and the Town; and WHEREAS, the Park Service administers Rocky Mountain National Park (hereinafter "Park"); and WHEREAS, the Authority supplies power to the Town from the Town- owned Mary's Lake Substation (hereinafter "Substation"), and also operates and maintains equipment in the Substation, which supplies Electric Service to the Park; and WHEREAS, the,Town desires to receive a credit from the Authority, or an adjustment to the Town's billing from the Authority for Electric Service delivered to the Park's administrative use loads, including losses; and WHEREAS, the Park Service desires that the Town develop and apply a special rate schedule for Park administrative use loads, which March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 1 have access to free power from the U.S. Bureau of Reclamation (hereinafter "BOR"). Such rates should be designed to recover the Town's costs for the delivery only for the free BOR power. WHEREAS, all the Town's rates, rules, regulations and practices are subject to the jurisdiction of and regulation by the Town's Light and Power Committee and Board of Trustees in the manner prescribed by law; and the Town is subject to various rules, orders, procedures, and regulations imposed by the Colorado Public Utility Commission (hereinafter "Commission"); and NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby agree as follows: A. DEFINITIONS Share: is a portion of operations and maintenance costs of the Substation. The charge will be a share of the annual operations and maintenance costs as a ratio of power consumed by the Park and Town per calculations incorporated in Attachment No. 3, herein below in Section V. Electric Service: is the electric utility service or delivery of power. Uncontrollable Forces: Any force beyond the control of and occurring without the fault or negligence of a Party, whether caused by acts of God or the public enemy such as fires, floods, earthquakes, drought, or other catastrophes, strikes, failure or breakdown of the Town's electric delivery Utility System, as defined hereunder inside or outside of Park's boundary caused by such forces. Utility System: The electric delivery system, consisting of: (1) the existing Park Service-owned transmission system from the Substation outside of the Park boundary to the Voltage Regulation Equipment located at the maintenance area inside of the Park boundary, (2) Park Service-owned distribution system, and (3) the Town-owned existing and new distribution facilities, including underground, surface laid, aerial power lines, transformers, pads, metering equipment, and other appurtenances located in the Service Area, as they are constructed by the Town, are covered by this Contract. B. CONTINUITY OF SERVICE The Town shall provide a regular and uninterrupted Electric Service in the Service Area. The Town shall not be liable in any respect whatsoever for any failure, suspension, or diminution of Electric Service or variation in voltage or frequency occasioned in whole or in part by any cause beyond the control and without the fault or negligence of the Town, whether caused by "uncontrollable forces" herein described such as but not limited to either catastrophes caused by acts of God such as March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 2 earthquakes, storms, fire, flood, lightning and severe weather or manmade acts or catastrophes caused by manmade actions by the public enemy, war, blockade, public riot, strikes or other labor difficulties, Governmental restraint or action by Government agencies, lockouts, explosions, or other manmade catastrophe, but not limited to, such as breakdown of the Utility System. Utility Service shall be provided from the date of execution of this contract and after completion of the Utility System provided in the bilateral utility connection Contract No. 1443CX061095005, between the Park Service and the Town. C. NOTICES All notices required to be given shall be given on the order of the appropriate official of the party giving same and shall be delivered or mailed by certified or registered mail to the party to whom notice is to be given. Said notice shall be deemed to have been given on the date of delivery or three (3) days after posted mailing or depositing same in the United States Post Office, postage prepaid, addressed as follows: Authority: Platte River Power Authority Attention: Mr. Michael J. Schmitz, Sr System Engr 2000 East Horsetooth Road Fort Collins, Colorado 80525-5721 (970) 229-5269, Denver-Line (303) 572-1566 FAX (970) 229-5219 Town: Town of Estes Park, Light and Power Department Attention: Mr. Richard E. Matzke, P.E., Director 170 MacGregory Avenue P.O. Box 1200 Estes Park, Colorado 80517 (970) 586-5331, FAX (970) 586-6909 Park Service: WASO-FOTSC Attention: Mr. Mel Fowler, Contracting Officer P.O. Box 25287 or 12795 Alameda Parkway Denver, CO 80225 Lakewood, CO 80228 (303) 969-2721, FAX (303) 969-2034 Park Superintendent: Rocky Mountain National Park Attention: Mr. Randy Jones, Superintendent Estes Park, CO 80517 (970) 586-2371, FAX (970) 586-1314 D. AUTHORIZED TO CONDUCT BUSINESS IN THE SERVICE AREA The Park Service authorizes the Town, during the term of this Contract and any renewals or extensions thereof, to engage in providing Electric Service and to conduct utility business in the Service Area, and in connection therewith to own or lease, install, operate, repair, replace maintain, inspect, and improve March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 3 the Utility System required by the Town for providing said Electric Service and conducting utility business within the Park under the provisions of this Contract. E. OWNERSHIP OF NEW UTILITY SYSTEM The ownership of all materials and equipment furnished and installed by the Town required for performance of this Contract and for the operation and maintenance shall be the property of the Town. This property shall be vested in the Town. In the event that the Park Service desires to discontinue the Electric Service provided by the Town, the Park Service Contracting Officer shall provide written notice to the Town, such notification to be sent by certified mail, to the duly authorized official named in Section C above and the Town shall remove the Utility System or the Utility System may be purchased by the Park Service. The Town shall not sell or transfer the ownership of the Utility System to other parties without prior approval from the Park Service. At no time shall the Town mortgage or use for collateral the Utility System. Nothing contained in this Contract is intended to vest the ownership rights of the Town-owned Utility System to the Park Service. Nothing contained in this Contract is intended to vest the ownership rights of the Park Service-owned Utility System to the Town. The ownership transfer of the Park Service-owned transmission and distribution Utility System are not addressed in this Contract. The transfer will be addressed at a later date in a separate Bill of Sale Contract. F. CLAIMS OF BREACH OF AGREEMENT OR OF INEQUITIES This Contract shall be subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613), in accordance with Federal Acquisition Regulation subpart 52.233-1 Disputes, included in the General Provisions of the Attachments. G. MARY'S LAKE SUBSTATION CHARGES The Authority will charge the Park Service, retroactively, a proportional Share for the operations and maintenance of the Authority's equipment in the Substation. The charge will be a share of the annual operations and maintenance costs as a ratio of power consumed by the Park and Town per calculations incorporated in Attachment No. 3, herein below in Section V. The Contract shall be modified after October 1, of each year, thereby allowing for the Park Service to pay the Authority for the Share for the preceding Fiscal Year. H. TOWN'S BILLING ADJUSTMENT March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 4 The Authority will adjust the Electric Service Invoice to the Town to account for power delivered to Rocky Mountain National Park administrative loads (including an adjustment for losses) in a manner mutually agreeable to the Town and Authority. I. TOWN RATES Except as otherwise provided in this Contract or hereafter agreed upon, Electric Service made available or furnished pursuant thereto, and any extension of the Town's facilities outside of the Service Area, shall be furnished in accordance with and subject to the applicable established rates, contained within the Town's Extension Policies, Chapter 13.16 of the Municipal Code of the Town. It is agreed that the Park Service, Park Service employees, concessionaires, concessionaires employees, and any other customers within the Service Area will be metered and/or billed directly by the Town based on the most current Town Rate Schedules, Chapter 13.12 of the Municipal Code of the Town incorporated herein below in Attachment No. 1 of Section V. Electric Service furnished under this Contract shall be subject to regulation in the manner and to any extent prescribed by Federal, State or local Regulatory Bodies, and the Town Board, having jurisdiction over the supply of Electric Service to the Town's customers generally. If, during the term of this Contract, the Town having such jurisdiction, files in the authorized manner, rates that are higher or rates that are lower than those stipulated in effect hereunder, the Town agrees to continue to furnish Electric Service as stipulated and the Park Service agrees to pay for such Electric Service at the higher or lower rates from and after the date such rates are made effective. During the term of this Contract, in the event the Town, shall make effective any new or amended rate schedule or conditions of Electric Service applicable to the class of service furnished to the Park Service at any service location in the Service Area, the Town shall make same available to the Park Service. The Town shall substitute new or amended rate schedule or conditions of service, commencing with the billing period in which such new or amended rate schedule or conditions of service becomes effective. J. TERM OF CONTRACT The term of this Contract shall be for a period of ten (10) years after the last signature is affixed below. Although it is expressly understood that the Town is not under any obligation to continue to provide, and the Park Service is not under any obligation to continue to accept, any service under this Contract beyond the term hereof, it is contemplated and March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 5 anticipated that, upon expiration of this Contract, a similar successor Contract will be agreed upon by the Park Service, the Town and the Authority. K. PAYMENT OF UTILITY SERVICE All bills for payment of services under this Contract shall be paid in accordance with the Town's currently effective Rules and Regulations in its tariffs as filed from time to time with the Town Board of Trustees. The Park Service shall be entitled to any discounts customarily applicable to payment of bills by any paying customer of -the Town. However, payments hereunder shall not be made in advance of services rendered. Nothing in the Contract shall be construed as binding the Park Service to expend in any one fiscal year any sum in excess of appropriations made by Congress for that fiscal year in furtherance of the subject matter of this contract, or to involve the United States in any Contract or other obligation for the future expenditures of money in excess of such appropriations. In the event that the Park Service does not pay for Electric Service provided by the Town under the terms of this Contract, the Town shall be entitled to terminate the service for nonpayment subject to the rules and regulations for termination of service for non-payment. In said event, the Park Service shall be obligated to pay the Town for all Electric Service provided prior to the date of termination. L. MAINTENANCE The Town shall be responsible for all of the operation, maintenance, repair, service, replacement, and the associated cost thereof for the existing and future Town-owned transmission and distribution Utility System, located inside and outside of Park boundary at no additional cost to the Park Service, and the Park Service-owned Utility System, after it is transferred from the Park Service to the Town, other than the monthly billing for providing Electric Service. The Park Service shall be responsible for all of the operation, maintenance, repair, service, and replacement and the associated cost thereof, for the Park Service-owned transmission and distribution Utility System located inside and outside of the Park boundary until ownership is transferred to the Town. M. METER TEST/FLOW MEASUREMENT CALIBRATION All electric billing meters shall be inspected upon installation, at the sole cost of the Town, in a manner provided by the Rules and Regulations pursuant, per regulations of the Town the same as for other customers of the Town using similar service. Subsequent inspection, periodic testing, repair and replacement of electric meters shall be done at the Town's expense, in such place and March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 6 manner as also provided by the said Rules and Regulations of the Town. Whenever any meter shall be found to be defective it shall be replaced or repaired immediately. The Park Service shall have the right to request that a special meter test be made at any time. If any test made at the Park Service's request discloses that the meter tested is registering correctly in accordance with the standards then on file from time to time and in effect with the local regulatory authority having jurisdiction, the Park shall bear the expense of such test, at the prevailing rate at the time of such requested test. The expense of Park Service requested tests for meters that prove faulty or inaccurate and other required Town tests shall be borne by the Town. At its option, the Park Service may, subject to arrangements satisfactory to the Town and at the Park's expense, have such meter or meters as it deems inaccurate tested by the National Institute of Standards and Technology, the findings of which shall be conclusive and binding for each party. N. ELECTRIC METER LOCATIONS The electric billing meters are located as follows: 1. etc. 2. 0. PARTIES OF INTEREST This Contract shall be binding upon and inure to the benefit of the successors, legal representatives and assignees of the respective parties hereto. P. EXPENSE RECORDS The Town shall maintain books and records of its revenues and expenses for the Electric Service included in this Contract in accordance with generally accepted accounting principles, standards, and practices. Copies of the Town's records associated with the Electric Service, required under this contract, shall be available to the Park Service for review at the Town's offices during regular working hours and upon request with appropriate notice in advance. Q. MODIFICATION This Contract may be modified as needed from time to time by an amendment signed by all parties hereto. R. RIGHT-OF-WAY The Park Service, hereby agrees to issue a separate Right-of-Way permit to the Town, in accordance with and subject to the terms March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 7 and conditions contained in this contract and other Park conditions and restrictions, to allow necessary access and the Right-of-Way Permit will govern access. If this contract and Service is ever terminated, the Right-of-Way Permit would be separately terminated the same as this contract. S. UTILITY SERVICE EXTENSION The Town's Extension policies for future extensions for additional Electric Service shall apply the same as any other ~ customer for future extensions for the Town to provide the Electric Service for Park Service needs within the Service Area. Line extensions over Park Service land beyond approved access in the Right-of-Way to extend the Town's services to privately owned lands within the Park and to locations outside the park will be allowed; If the Park Service, for any reason, requires the Town to relocate, replace, or otherwise to change any of its facilities maintained within the Park, including actual removal of facilities in cases of emergency resulting from uncontrollable forces to protect against natural occurrences, under the terms of this contract, the Park Service shall reimburse, by separate contract, to the Town, the full cost incurred in so doing, based , upon the actual cost incurred less improvements and the Town agrees to comply with such request. PROVIDED, that, the location, size and general detail of all proposed facilities and/or line extensions of the Utility System shall be shown on appropriate photogenic drawings or drawings in the AutoCAD format which shall be submitted by the Town and approved by the Park Superintendent or designated representative (hereinafter "Park Superintendent"), prior to commencement of installation of the Utility System and shall be made a part of this Contract. The right to use such lands will not be granted where lands outside the Park can be reasonably used for the same purpose. T. ARCHAEOLOGICAL FINDINGS Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial, domestic, and archaeological objects of any nature, historic or prehistoric, found within the installation area, are the property of and will be removed only by the Park Service. Should Town operations or its employees uncover or find any archeological remains, Town shall suspend operations at the site of discovery; notify the Park Service Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification, shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 8 additional work for Town, it will be compensated by an equitable adjustment under the General Provisions of the Contract. U. SPECIAL PROVISIONS 1. Operations under this Contract shall be subject to the laws of Congress governing the Park and the Rules and Regulations promulgated thereunder whether now in force or hereafter enacted or promulgated. In the event that laws of Congress governing the Park and Rules and Regulations promulgated thereunder substantially impair the responsibilities and obligations of the Park Service under the terms of this Contract, the Town shall have the right to terminate this Contract upon ten (10) days written notice to the Park Service. 2. Park Service Drawing No. , dated , [is, are] made part of this Contract and Town's Drawing No. , dated , [is, are] made a part of this Contract as they are developed. The most current Park Service Drawing[s] will be available to the Town upon request. Likewise, the most current Town's Drawing[s] will be available to the Park Service upon request. 3. Nothing in this Contract shall be construed to cause Park Service, its employees, or its concessionaires to be liable for damages to persons or property resulting from the activities of the Town, its representatives or its employees. Nothing in this Contract shall be construed to cause the Town, its representatives, or its employees to be liable for damages to persons or property resulting from the activities of Park Service, its employees, or its concessionaires. Park Service agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Tort Claims Act against the Park Service by third parties for personal injury or property damage resulting from the negligent act or omission of any employee of the Park Service in the course of their employment. V. ATTACHMENTS 1. Current Town's Light and Power Rate Schedules, Chapter 13.12 of the Municipal Code of the Town attached hereto as Attachment No. 1 are made a part of this Contract. 2. Current Town's extension policy, rules, and regulations, Chapters 13.08 and 13.16 attached hereto as Attachment No. 2, are made a part of this Contract. 3. The calculations from the Authority, defining the Park March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 9 f . . Service's annual percentage Share of operations and maintenance costs, for the Mary's Lake Substation, attached hereto as Attachment No. 3, are made a part of this contract. [The Authority will develop] 4. Modification to: Interagency Memorandum of Agreement No. 22568 (Contract No. 14-06-700-3922) and Letter of Interpretation, dated May 7, 1964, attached hereto as Attachment No. 4. 5. General Provisions, attached hereto as Attachment No. 5, are made a part of this Contract. The General Provisions include the applicable Contract Clauses from the Federal Acquisition Regulations (FAR) System. The term "Contractor" in said attachments shall be understood to be the Town or the Authority as used in this Contract. March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 10 I I IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives all as of the day and year first above written. UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE By: Melvin E. Fowler, NPS-WA-IVC-40 Contracting Officer Date: THE TOWN OF ESTES PARK, COLORADO By: Printed Name: Title: Date: Attest: Date: THE PLATTE RIVER POWER AUTHORITY By: Printed Name: Title: Date: Attest: Date: March 21, 1996 F:\HOME\LEW\ROMO\SVC.ELE\CONT3SVC.LEW Page 11 RECORD Or â€¢MUGht=UINUS -'0/0.0 PUILI'mle COÂ· Light and Power Committee March 14, 1996 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: All Also Attending: Light & Power Director Matzke, Assistant Town Administrator Widmer. Deputy Clerk Kuehl Absent: None Chairman Dekker called the meeting to order at 8:06 a.m. PROPOSED 1996 ELECTRIC RATE CHANGES Di>KEctor Matzke explained that the Town Board public hearing is scheigled for April 23 to consider the proposed chanamB*le-the Town' shtesâ‚¬dential Energy and Small Commercial Tlmeâ‚¬â‚¬ Day Rates, and the Lar-ge..-Commercial and Rocky MountaizrNAional Park Large Administrative *ites..._The Time of Day.,RaE@s will be extended to.12 months per year, affect-ing_J)/Estomers. A charge will be developed for combined biaring-Bowcustomers who have multiple accounts on the Largm- Commercial and 283%-Mountain National Park Large Administr*ife Rates. This option woula-allow customers with. multiple metets to be billed as one account.Ate of $50 per meter Bd,1*1- be administered to offset the Â·cost of the,-software needed- for this program. There are 77 customers Â· presentlhkilled aC the Large Commercial and RMNP Large Administrative Rates- .0 HIGHWAY 34 STREET LIGHT CONDUIT INSTALLATION Director Matzke explained that this project involves installation P of approximately 7,000' of 2" PVC conduit in various locations along the south side of Highway 34 providing underground feed of all area street lights. Two bids were requested, and one bid was received from Chief's Landscaping for a cost of $23,230, which is consistent with previous contracts of similar scope- Trustee pauley expressed concern that other bids should be considered. Director Matzke explained that; because of the size, this project was not advertised. After further discussion, the Committee recommends the contract for the Highway 34 Street Light Conduit Installation be awarded to Chief' s Landscaping for an amount not to exceed $23.=30. ROCKY MOUNTAIN NATIONAL PARK UTILITY SERVICE CONTRACT Dwie~tor Matzke presented the revised draft of the proposed contract between the Town, Platte River power Authority, and 312 National-GArk Service for delivery of power to Rocky -- urrcain National Pa?kv-*.In this contract, the Park Service-<ar :s the Town's Light and - Powpr Department Rules and Regtilatic Rate Schedules, and ExtensibnÂ·..policies, and agrees to pay a orated portion of Platte River' s operagion and>maihtenance costs Marys Lake Substation. Platte River>*agrees to adjust tk Town's wholesale power bill by thevamdUnt h,Â£~lectricity col ned by administrative loads. The Town agrees to prclide electri ervice to RMNP at the Town' svpuElished rates and in >aclcordance th the Light and Power Rules and Regulations. The comdittee z amends this contract be'executed in final form, incorporating~'acq its and recommendaRiohs from Attorney White. Director Matzke a 4 that two docylmdnts remain to be signed: a Memorandum of UnderstaRaiqi tha**ants the Town authority to occupy the Park and a transfer of awrrership to the Town of the remaining existing system Â· MEMORANDUM DATE: March 22, 1996 TO: Town Board FROM: Water Department RE: Hwy 34 & looping projects The Colorado Department of Transportation's reconstruction of U.S.34,east of town, is scheduled to begin in early April. An agreement with CDOT has been made for the relocation of water lines that will be affected by this work. This agreement provides $192,240.00 of State Funds for utility relocation. A study by RMC, funded by CDOT, determined that the most cost effective solution was to relocate the main line to another location out side of th-ere right away. The cost of this relocation was estimated by RMC at $404,650.00. Bids were solicited for the U.S. hwy 34 relocation and for the 1996 water line looping projects. See attached bid tabulations sheets from RMC. The Water Department has budgeted $590,000.00 and with the $192,240.00 from CDOT, $782,240.00 are available for these projects. The Water Department is requesting the members of the board award the following . contracts for construction. 1. U.S. 34 water utility relocation to BTC Construction, Inc. for $405,432.00 2. 1996 Water Lopping Project to Kitchen & Company for $217,935.10 ROCKY MOUNTAIN CONSULTANTS, INC. gmc 437 South St. Vrain Estes Park, CO 80517 (303) 586-2458 Metro (303) 825-8233 March 22, 1996 FAX (303) 825-8912 Bill Linnane Public Works Director Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Bid Tabulations for 1996 Water Looping Project & Highway 34 Water Utility Interconnect Project. Please find enclosed the bid tabulations for the 1996 Water Looping Project and the Highway 34 Water Utility Interconnect Project for the Town of Estes Park. Prior to the bid RMC anticipated 4 bidders for the water line projects. However, we received only two bids for the 1996 Water Looping Project and one bid for the Highway 34 Project. The results of the bids are as follows: 1996 Water Looping Project Company Bid 1. Kitchen & Company $217,935.10 2. BTC Construction, Inc. $272,750.00 Engineer's Estimate $256,076.00 Highway 34 Water Utility Interconnect Company Bid 1. BTC Construction, Inc. $405,432.00 Engineer's Estimate $404,650.00 Unit price extensions for all bidders have been verified. There have been no apparent irregularities in the bid process. We recommend awarding a construction contract to Kitchen and Company for the 1996 Water Looping Project and BTC Construction, Inc. for the Highway 34 Water Utilities Interconnect Project. CIVIL AND ENVIRONMENTAL ENGINEERING â€¢ PLANNING 000000 00000000000 0 00000000 00000 WE-, 0100000 00000000000 10 000~00000 00000 ..... ........... . 49 ........ ..... â€¢ H to Oboor-to Omâ€¢.01-~0000,9,000 0, . 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Ca Om,40 Oule!04â€¢0*Wm E-â€¢CE OmMelÂ©Or-IMONOOU > OA, A,â€¢-1 ..1 ul>4 0, 4 5ZOCY++++ +OLOWHI H MA<MUA,â€¢ 01 02 E-40 O,40-A: FiCOU}M 0,14= <0Mr-IMM419'040(-40=CO<HOU]H= 0â€¢ 0040 ~15:24tlk;m~Â¤MMX E-4 Ca > > :4 Z co >O.<"0015000000:itimmAO===: M M M 0$ 04 2Â°dÂ°Edmorz:cm=cococococommu,comm. ca~m. = ~0. :am EA: Am EMS{%2;~ ....... 0 ' .~ r-1 9' 0 E+Ew Z .4 w A w A. M h k K = A m U A M ELI CD W â€¢4,1 0,2 1 0 1 m i r, A 4 4 el{-4 M 4 LA wr- 000,0 .4 01 M 74 In W h 00 A O rÂ·1 r-1 r-1 rÂ¢ r-1 1-1 1-1 1-1 r-1 r-1 r-1 N (N ENGINEER'S E BTC CONSTRUCTION 00'ZED'SODS 00'059'DODS LOHNNOONSINI IWIL[l DE AVMHOIH mUOL ITEM DESCRIPTION UNIT QUANTITY PRIC HIGHWAY 34 WATER UTILITY INTERCONNECT RANT ASSMY TO OWNER adId 3 TOWN of ESTES PARK Inter Office Memorandum March 8, 1996 TO: Gary Klaphake, Town Administrator FROM: Bill Linnane (X /~-0 SUBJECT: Highway 34 and Loop Water Department Projects Bids are due for the above projects on March 21, 1996. Since we have been on the "fast track" to complete the water line work in the Highway 34 right-of-way prior to commencement of the actual CDOT roadway work, staff is requesting to award the low bid at the March 26th Town Board meeting. Construction could then begin on April 1. If we present the bids at the March 28th Public Works Committee, construction will not begin until April 10. This extra ten days will allow us to be out of the right-of-way by the end of April, which is critical. Although I do not like bypassing the PWC meeting, I feel that it is necessary given the circumstances. Please consider this request. BL:ck planning Commission - February 20, 1996 - page 3 e <,1 lamIT Amended Plat Of Lots 2 and 3. Prospect Village Ch /-1, Subdivision. (Estes Park Brewerv) Ed__ & Gisela Grueff/Applicant. The Amended Plat combines two existing lots into one lot. In a separate action, the Planning Commission will also review a Development Plan for the new lot. Owner's representative Bill Van Horn noted that the .~ amended plat will result in a net decrease of one lot, with the purpose being to bring an existing use and building into conformance and allow a storage structure with the existing brewery; future parking is also being proposed. Director Stamey reviewed the staff report, noting that staff's previous recommendations of approval have been met and/or addressed. There were no comments from the audience. It was moved and seconded (Burgess/Thomas) the Amended Pat of Lots 2 6 3, Prospect Village Subdivision be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. Modify dedication statement. 2. Clarify area of easement being vacated. 3. A drainage easement be provided along the west property line of Lot 1. 4. Modify the plat description to read Lots 1, 2, and 3. 3.2. Center, John Ellev/Applicant. Chairman Sager declared a *a Amended Plat of Lots 3 and 4. Mountain Technological conflict of interest as he is an adjacent property owner, transferred the gavel to Vice Chairman Hix, and vacated the room. This Amended Plat combines two lots into one lot for ~ development purposes. Bill Van Horn, Applicant's representative, stated 2 lots are being combined to eliminate an existing lot line to facilitate the construction of a building. There is no other impact, and other lot lines are not being reconfigured. A development plan will be considered later in the meeting. Mr. Van Horn confirmed that relative to the signature block, a trust is ~Â· involved and that a title company is resolving the form as contained on the plat. In addition, a tax statement will be utilized to verify inclusion inthe NCWCD. There were no audience comments, and all other staff concerns were met and/or addressed. It was moved and seconded (Thomas/Pohl) the Amended Plat of Lots 3 6 4, Mountain Technological Center be favorably recommended to the Town Board, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, Gilfillan, A. Hix, Pohl and Thomas. Those voting "No" none. Those "Abstaining" Chairman Sager. Chairman Sager resumed his position on the CommissionÂ· -*fin Special Review #96-2. Mummv Lane Subdivision. Johanna Gengler/Applicant. Chairman Sager opened the public hearing. 4~ ' ~Â· This application is for a bed and breakfast use at 663 Chapin Lane. Section 17.16.030, E. provides that aB& B use may be , permitted in an E-Estate District by Special Review provided the number of persons does not exceed five per day. ~~~~~~~~~ Paul Kochevar, Applicant' s representative, reported that the ~ owner intends to use two existing bedrooms for the B&B operation, there will not be an additional structure, and parking is adequate. Mr. Kochevar presented a letter petition which was circulated to all adjacent property owners--all adjacent property owners signed the petition supporting the proposal. In a separate letter dated February 16, 1996, Gerrie Babion, the abutting property owner was also in favor. The owner believes the B&B operation is a good use of the property and the operation is not adverse to the wishes of the neighborhood. Commissioner A. Hix questioned the suitability of the proposal relative to the Applicant's Letter of Intent Item #3 - "unmet community need" as both former B&B operations in the vicinity have ceased operation. Mr. Kochevar responded that other existing operations are very busy and there remains a high demand for this type of accommodation. There is adequate parking for two guest vehicles, and two additional spaces to the east of the garage slab. In addition, the Applicant is aware of additional required tap fees; the Health Dept. does not require kitchen modifications due to the guest limit: Director Stamey had no further comments. As there were no comments from the audience, Chairman Sager declared the public hearing closed. Commissioner Brown questioned how aB&B operation relates to access, i.e. the requirement that any commercial accommodation must abut an arterial street? Staff confirmed that . a commercial accommodation is allowed in an R-M zoning district if the frontage is on an arterial street. In the recent past, aB& B was approved on the Highway 34 Bypass which was located on an arterial street, this was the primary reason the proposed use was approved. Two previous B & B's were approved in this neighborhood, and staff received numerous complaints on one operation. In addition, an allowed accessory use limits the number of guests to no more than 5 people/night. Discussion followed on the difficulty in administering the enforcement provisions. Attorney White confirmed that with the Special Reviaw, the Planning Commission may attach appropriate conditions for approval, i.e. limited use of two bedrooms and limit of 5 guests/night--such conditions would "run with the land unless otherwise limited." The aforementioned should be recorded for any future purchaser of the property. Commissioner Burgess noted she is opposed to the submittal as the other B & B's located in E-Estate have not been * successful; there is no evidence or need for this type of accommodation in this particular area, particularly as the zoning district is E-Estate. Commissioner Thomas questioned and received clarification when a kitchen must be renovated (when the number of guests exceed 5/day). Commissioner A. Hix noted that she also had not been persuaded to approve a commercial use in the E-Estate District. Concluding all discussion, it was moved and seconded (Brown/Gilfillan) Special Review #96-2 for Lot 2, Mummy Lane be favorably recommended to the Board of Trustees contingent upon strict conformance to existing provisions limiting a Bed and Breakfast use to no more than 5 guests/day. If any violation to the Municipal Code is found, the "license" will be automatically rescinded without further review. Said note is to be placed on the plan. The motion passed by the following votes: Those voting "Yes" Commissioners Brown, Gilfillan, Sager and Thomas. Those voting "No" Commissioners Burgess, A. Hix and Pohl. Commissioner Brown added that the original proposal may change; however, any violations will be considered by the Municipal Court, there is no injunctive relief. The additional enforcement provision attached to approval should strengthen the enforcement provision. In addition, staff confirmed that the Applicant will be required to purchase a 1996 Business License. . l 4457 TOWN OF ESTES PARK Ma=411*-Al -4,7 6-- .0 yi>7' 4444 ' - (794"Wk ht Â°::'T-%. 11 teÂ®141 )*=-=a~ w l. - 2, m.\14:14..3*.- s -2., D-= W I -le N.9.- { 0. January 4, 1996 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: LK&A Investments, Inc. dba: Lulu's Corner Deli Beer & Wine Koester, LuAnne Tawney, James 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 LK&A Investments, Inc. dba: Lulu's Corner Deli. Sincerely, li I \/ 7,5 .//7>/ aL Randyltepola Chief of Police RR/psa , |< , :~.7Â·,-11,-1 , ECTE: P\.12'K. CO 80317 â€¢ E-'C< 301 13(,-A2 -49 co.u.ill.IN'In' DEVELOPMENT â€¢ FAX 303' 386-6909 OTHER 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 1419/95 [E Corporation (Attach DR 8177) j Individual (Attach DR 8404-1) F.E.IN. El Partnership (Attach DR 8441) U Limited Liability Company (Attach DR 8405) 1 a. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Social Security No. L l< 4 A .33 V V E 5 -r 1,â€¢1 r N T S Ih C - 9/6 - 56 - 23 79 2. Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone f r i L w 64 i Jit .5 C 'D' j:L 970- 577-Lai? t 3. Address of Premises (specify exact location of premises) 1 06 Â£ E-/K h OV/-7 aty County State ZIP Code G 5 4- Â·r Po, kc A A â€¢ I Â»7 * r CIO %06-'.7 4. Mailing Addrqss (Number and Street) City or Town State ZIP pode- r ,-4 59Mke# '459 Aspen A UÂ©. Pb \- f.b P/,t Af CO ,,I(1 5 \ C 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Expiration Date h/1 4 + 1 -rl * Â» Câ‚¬ fe 125-06/)43 -200 624_ Jitt /64.24 /996 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; of officers, stockhold- Yes No ers or directors if a corporation) or manager under the age of twenty-one years? 0 8 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or manager ever; (a) been denied an alcoholic beverage license? 0 8- (b) had an alcoholic beverage license suspended or revoked? El .92 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 0 D- 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. El 2- / 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. 02< 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or m Z seminar'y? 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 mer 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 isgued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) 02/ D Ownership g| Lease m 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 L.-* - 0 11 0 4- Tenant Expires \11 0,4 4. M , R pf < Attach a diagrdm of the area to bd licensed (including dimensions) which shows the bars, walls, panitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11: (Doesn't have to be to scale) 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME ADDRESS INTEREST L K 4 k r N l., F sT Al G NT 1 20 U E-, U-/ l~ 1~ D r 21 Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas requesteri %45> DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. m Il 15. Club Liquor License 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 E (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? UL (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) m WÂ£ (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. 0 3 (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 5,0 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, malt, vinous or spirituous liquor) applicants, apswer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. 00 (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice?. If "yes," attach a copy; if "no," explain in detail. 0 0 (d) Are you the primary source of supply in the U.S.? If "no; explain. 00 (e) Are all your products registered in Colorado? If "no," attach DR 8440 and register - aid products. 00 18. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form Date of Birth (DR 8367) and Individual History Record (DR 8404-1). WretÂ»Â©'%* -Ux:.347:'-13Â·.9'12Â·~4Â·'41,7,23"- ES ..71>f. '~.7 2 "Â·~"F~' -~ OATH OFAI'PLIdANT,41,-,Â·Zilic,4 7, Q.t.239 t, 4.-94Â·1Â· 431. FA'3477 j 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. Author,01 5rature Title Date ~~~~~Et)RTAND APPF~~~CACILICENSING AUTHORITyiI;'t;Â»/g~~~-~ N* I . I. '.... .1, Â·.Â· Â·'}'Â·Â· ..3.~-lt' ..2 Â·;04â‚¬*:*F~DÂ·31Â¢~;~ '2 > Â»':*'M?f#*Cit 102~~nt:.te '..4. ''54,â‚¬4;, , :,;"b~,a#E:, :-: t~'.,~2.JB~~~~Â·~i~1'~t-%.-:1eÂ·-Â·,Â· .u:,,Â·-.Â· -.4 â‚¬ ...A'(Manufa6turers,Wonresident61*anufacturers, importers, 4holesal6r&, 11!bited wineries, and public transpbrt~ion licer,sed* ; ~ ~ #$.'-: i.,2 ..3-Â·Â·.- Â· FT- ),~ â‚¬ â€ž544'1:%:) ph't.:3'12 teÂ·*22300*toe..V iÂ«Â· 4Â·. - -:-: / .477,~.A.r. 4 24...J.>t...<4 . . .0,: 78â‚¬ disr*gard the section below., i. >4':..~ . r..., t.,. w 767 -0, 5-4 *.,Â·'UU<5'1~4â€ž.Â»4 .~Â·NbuÂ·Â·Â·,;44.&- , . 2 Is this application for a: m New License LW Transfer of Ownership U Other (specify) Each person required to file DR 8404-1: Yes No Has been fingerprinted 00 Background, NCIC and CCIC checked 00 The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 00 If "no,0 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, Anicle 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for U TOWN, CITY O 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 boa,rd 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. 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. 1)lame 0,1 Business 1 2-10-4 5 g D - 56- 2874 Date Social Security Number(s) AU '3 Corner ~30 ~ 2. ~pur Full ~me (last, first, middle) j 3. Also Known As (maiden name/nickname, etc.) 1 UA it n n e. KT)â‚¬ df r Lo LA -( %â‚¬/61 j 4. Mailing Address (if difierent from residence) Home Telephone 1-134 AgoÂ© n h U â‚¬ 6% 6- 35.21 A 72) 5. Residence Address (stre&t and number, city, state, ZIP) 2=6 ro 4.- 6. Date of Birth Place of Birth 7. U.S. Citizen? 9-2 - So 004 e t<li 6 Â® Yes D No If Naturalized, state where When Name of U.S. District Court / P i }- Naturalization Certificate Number / Date of Certificate It an Alien, G)*Alien's Registration Card Number. . Permanent Resider~tard Number Â¥0 \ 4 j 1/ 1 jel- ht VA- , ./F 'A 8. Height Weight Hair Color Eye Color Sex ' Race 9. Do Yo~fave a current Driver's, Ljcense? Ityes. give nuMber< & state P e" \'34 Bre u.)n 8| uic F- lu 94Yes U No y La 9 =5(-2 ame of Present Employer 11. Type of Business or Employ ent se j 4 E <54 / wa' td T \be li 12. Address of Business Where Employed (street number, city, state, ZIP) Bosiness Telephone A-f 216- A 3 kn 9.51-â‚¬6 444 CO %0417 490 -5770*1 1 *L' C Â· ' , :Â·i 13. Present Position 14 Marital Status 15. Name of Spouse (include maiden name if applicable) T), 'DEL-el. 14* 16. Spouse's Date of Birth , Spouse's Place of Birth 01 + fil a k 17. Spouse's residence 6ddress, if different than yours street and number. city. state, ZIP) N 197 18. Spouse's Present Employer i .1 Occupation Al.,1- /4 1il 19. Address of Spouse's Present Employer / / 20 List the name(s) of all relatives wori~ing in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER 2* 1 1 11 04\ 3 11 1 Â£ 1. 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 E Yes E No CONTIN[lmn ON AFVFRRE SIDE rÂ¥=4 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 forany 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. O Yes El 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 dei6. U Yes ZM No 24. Military Service (branch) / From To Serial Number Type of Discharge d L 25. 1. 1 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 )4531 As ao n A vet 2-44 e > @ rk, 63 %06 I 7 3-*4 '91 p.,e.*4- 11 - 999 Fillt-nore-. 1 7 FÂ©liA; 16, 04004 M % 3-6Â» 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 i ED97 R) ; clil L E-Â«50(+ 860 194)1 2,Â» 6.1 }bics[Â»rbt, Ucs-le'-1 1,12~9 pre:Â« 9404 ~Up m 44 TU M Z 04 U NY n : (11* 4 1& M rru~ Ll f, Tb Fbu i It.3 HekÂ« Â·42 '4 D- 27. What is your relationship to the applicant? (sole owner, partner, corporate officer. director, stockholder, member or manager) gl-o i -t- 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether U General D Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 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 $ 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 $ $ $ $ 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. Authori,Ged Signature Title Date f)*- tÂ·LÂ·'3-wJ 6700 13-1 6--06 DR 8404-1 (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) Lk AA .ru Ur 57-48 4-r-r, DA,C..1~â€¢4 LulU. 6--- D-/C /1-//Sr'c- 5-6 9-4 9- 1--41% 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) T Ahium v -54 - .i 60 . 7 ): 4,- 4. Mailing Address01 different from residence) Home Telephone 1 5 -UC P.., c f 970 -5*56 -4 1 3 3 5. Residence Address (street and number, city, state, ZIP) Â£ 5 Â»' s P, - 1 r. % C S ' 1 6. Date of Birth Place of Birth 7. U.S. Citizen? '61 -i-g 77 Al 4 [1Â¥es [3 No If Naturalized, state where When Name of U.S. District Court 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 Drivefs License? If yes, give number, & state - '9 " /40 w.Â·LL #A-2.. fÂ¥\ d GNes E No (4 A 9 0767 lame of Present Employer 11. Type of Business or Employment oe( 5 -5 wt , L BL, 1 12. Address of Business Whdfe Employed (street number, city, state, ZIP) Business Telephone 4 60 4. 13. Present Position . O U---kert. W 94 5, AJ ~-, 6 14. Marital Status 15. Name of Spouse (include maiden name if applicable) , 16. Spouse's Date of Birth Spouse's Place of Birth 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation 19. Address of Spouse's Present Employer 20 List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER 21. Do you now, or have you ever held a State of Colorado Liquor or Beer Ucense, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail E Yes El-Nb 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 forany 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. El Yes C]446000~ 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 deta. EJ Yes PA& 24. Military Service (branch) From To Serial Number Type of Discharge 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 ~>64 k.,0 s. Le<>to C;Al. s.4. 4 //S~ / 7 -' s A - WU 6.1 6-, 6.i L. BAâ‚¬- 41/37 4 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 9 -e 1 0 ski le-t - 1 4//574 f 3-o' U Nra %,gre- h 3~4 9 I A L L, 4,--2 9; 4 U 4, w .., h 7 -- 4 p A 1 L g..6 79 27. What is your relationship to the applicant? (sole owner. partner, corporate officer. directd~~~~. member or manager) 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 9 094 a,_ 29. If partner, state whether El General O Limited Percent of Pannership Owned If Umited Uability Company (percent owned) S Co-f- 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 $ 4 0, OLege-/ 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 identif9 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 $ CA, 6,6- Ne, < 9 *4 + / 9 8 601/ 9 4 --7 42 9,u *17 $} t 5 04Â¥ 5 90.4 b,Aeâ€ž.,/ 1>.prrAI $ $ 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. Aum~*~~20 ntle Date 1-1//7/9 5 TOWN OF ESTES PARK ---i:divi,32:~~ # :#t:~elrimava.3&" 'P.>4?B,7 *Sljmf2r -r;i:â‚¬"441<-41 ?tt, L .9 Ve.k-zÂ¥= , -1- ... 2..4 Date: March 22, 1996 To: Estes Park Housing Authority Board of Commissioners Gary Klaphake A /7 --2 1 J From: Rich Widmer 7 LK .# Subject: Lone TreÂ©tillade Development Proposals Beginning on January 26, Requests for Proposals for development of the Lone Tree Village project were sent to 34 companies. On February 23, nine companies submitted proposals. A selection committee of Trustee Sue Doylen, Town Attorney White, and Assistant Town Administrator Widmer reviewed the proposals and narrowed the field to the following five: * Lighthouse Group LLC * Lorilisa, Inc. * Mercy Housing Colorado * Rocky Mountain Mutual Housing â€¢ Simpson Housing Limited Partnership Lighthouse and Lorilisa are for-profit developers, Mercy and Rocky Mountain are not-for-profit groups, and Simpson is a combination of both. Interviews with all five were held on March 12, 1996. Following the interviews, the committee agreed unanimously to recommend Simpson Housing Limited Partnership (SHLP) be selected by the Town to develop Lohe Tree Village. This recommendation is based on the following conclusions: i SHLP is a public/private partnership with the Loveland Housing Development Corporation; they are a for-profit partnership with not-for-profit goals and combine the best of both areas; 0 Loveland Housing Development Corporation has a known management capability in Larimer County; --f , --1 -'' . ,),-~ or,v linn . 1-n u,ir- r-:pr:r:no .1\'i=All :R â€¢ Fc.TE. PARK rn 8(1317 â€¢ FAX (9701 386-6909 MARCH 22,1996 MEMORANDUM 2 Town of Estes Park Estes Park, Colorado 80517 * Both partners are well known to the Colorado Housing and Finance Authority and Colorado Division of Houisng and the preservation of the tax credits and grants appears feasible; * Simpson is a very large company with significant financial resources, there are no financing contingencies in the proposal; * SHLP will deliver a quality product with 10% lower rents than under the Town's pro-forma, if the Town donates the site to SHLP; * SHLP had the second-lowest costs with the highest net tax credit proceeds; â€¢ SHLP is ready and capable of proceeding quickly. Town Attorney White has written and will present Tuesday night a Memorandum of Understanding between the Town, Simpson, and Loveland Housing Development Corporation which details the development transition between the parties. The Selection Committee recommends selection of Simpson Housing Limited Partnership for transfer of the Lone Tree Village development rights and approval of the Memorandum of Understanding. 3 li-D- . I .. J . 6. MEMORANDUM OF UNDERSTANDING BETWEEN THE ESTES PARK HOUSING AUTHORITY, SIMPSON HOUSING LIMITED PARTNERSHIP, AND THE LOVELAND HOUSING DEVELOPMENT CORPORATION CONCERNING THE DEVELOPMENT, CONSTRUCTION AND OPERATION OF THE LONE TREE VILLAGE AFFORDABLE HOUSING PROJECT On this 26th day of March, 1996, the ESTES PARK HOUSING AUTHORITY, a Body Corporate, hereinafter referred to as the "EPHA", the SIMPSON HOUSING LIMITED PARTNERSHIP, a Colorado Limited Partnership, hereinafter referred to as "Simpson" and THE LOVELAND HOUSING DEVELOPMENT CORPORATION, a Colorado Non-Profit Corporation, hereinafter referred to as "Loveland", do hereby set forth their understanding that the following principles shall govern the development, construction and operation of an affordable housing project, hereinafter referred to as the "Project", located in the Town of Estes Park, more commonly referred to as Lone Tree Village: 1. ORGANIZATIONAL STRUCTURE: Simpson and Loveland have jointly submitted a Proposal dated February 23, 1996, hereinafter referred to as the "Proposal", for the acquisition of land and development rights for Lone Tree Village. A copy of the Proposal is attached hereto as Exhibit "A" and incorporated herein by ...i reference. The Proposal provides that Simpson and Loveland shall q form a partnership, hereinafter referred to as the "Partnership", in order to further the Project. The Partnership shall be the owner and managing entity of the Project. The parties agree that Scenario One of the Proposal shall be the selected alternative. The Proposal outlines the transfer to the Partnership of real property owned by EPHA in Estes Park, the transfer to the Partnership of certain low-income tax credits currently allocated to EPHA for the Project and the construction and management of the Project by the Partnership. Simpson, Loveland and the Partnership will agree to construct, develop and manage the Project as set forth in the Proposal subject to the further clarifications as set forth in this Memorandum of Understanding. 2. LAND TRANSFER: EPHA shall transfer to the Partnership, by a good and sufficient Warranty Deed, the real property set forth on Exhibit "B" attached hereto and incorporated herein by reference, free and clear of all liens and encumbrances. The consideration for the transfer of the real property shall be the agreement by Simpson, Loveland and the Partnership to develop, construct and operate the Project as set forth in the Proposal and as provided in this Memorandum of Understanding. There shall be no further compensation payable to EPHA for the transfer of the property. The parties will agree that the rent charged for the Project will be ten percent (10%) less than the levels committed in the carry-over document filed by the EPHA with the Colorado Housing and Financing Authority. 3. SOIL TESTS: Simpson and Loveland hereby agree to immediately, at their cost, perform adequate soil and geotechnical testing on the site to determine whether or not there are any construction, design or operational constraints due to soil and/or geological conditions. In the event there are constraints, Simpson and Loveland shall have the opportunity to redesign the Project, except for the number of units, subject to approval of EPHA which approval shall not be unreasonably withheld. 4. SITE PLAN REVIEW: Simpson and Loveland shall immediately begin the process of preparing the required concept and development plans for site review by the Town of Estes Park's Planning Commission and Board of Trustees. Concept and development approval shall be obtained on or before June 30, 1996. 5. LOW INCOME HOUSING TAX CREDIT ALLOCATION: Simpson, Loveland and EPHA agree to immediately begin the necessary process for transferring the current low income housing tax credit allocation to the Partnership. All costs associated with the transfer shall be that of Simpson and Loveland. EPHA shall be reimbursed for any out-of-pocket expenses incurred in transferring the allocation. All parties agree to cooperate and provide all necessary documentation to CHFA to accomplish the transfer of this allocation. In the event CHFA does not approve the transfer of the allocation, this Memorandum of Understanding shall terminate. 6. PROJECT DESIGN: Simpson and Loveland agree to immediately begin final design of the project. Said design shall be subject to the approval of EPHA, which approval shall not be unreasonably withheld. EPHA shall devote all staff time necessary to participate in project design meetings. 7. CONSTRUCTION CONTRACT: Simpson and Loveland shall immediately begin negotiations for the selection of a competent construction firm to construct the project. Said construction firm may be Simpson and/or an affiliate of Simpson. 8. CONSTRUCTION SCHEDULE: It is anticipated that construction shall begin approximately September 1, 1996 with completion of construction by May 1, 1997. Said schedule shall be subject to all necessary governmental and financial approVals and any delays necessitated by events outside of the control of Simpson and Loveland, including, but not limited to weather, strikes, and availability of materials. 9. , GRANTS: Simpson and Loveland will agree to apply for and pursue the $150,000.00 Federal Home Loan Bank Grant and the $450,000.00 grant from the Colorado Division of Housing. EPHA shall cooperate with Simpson and Loveland in applying for these grants. In the event the Colorado Division of Housing grant is obtained by Simpson and Loveland for the Project, the parties agree -2- to further reduce the amount of rent of the units commensurate with the amount of said grant. 10. FINANCING: Simpson and Loveland shall immediately begin negotiations to finalize commitments for all necessary financing for the Project, including the necessary construction loan, permanent loan and tax credit equity. 11. REIMBURSEMENT OF COSTS: At closing the Partnership will reimburse EPHA for all costs previously incurred by EPHA which can be utilized by the Partnership for the Project. Said costs include, for example, CHFA fees, environmental studies and survey. 12. SUBSEQUENT CONTRACT: The Project shall be developed, constructed and managed as set forth on Exhibit "A" unless the Proposal has been modified by the expressed terms of this Memorandum of Understanding. The parties agree to negotiate and execute a Contract incorporating the Proposal and the terms of this Memorandum of Understanding. Said Contract shall be negotiated and executed on or before May 1, 1996. This Memorandum of Understanding expresses the intent of the parties on the date hereof and does not impose any binding obligation on the parties other than an obligation to negotiate in good faith to reach a legally binding agreement. 13. CLOSING: The real property shall be transferred to the Partnership within ten (10) days of the removal of all contingencies set forth in Paragraphs 3 through 12 above. Time and place of said closing shall be by mutual agreement of all parties. The parties will agree to split customary closing costs and EPHA shall provide a Title Insurance Commitment and subsequent policy in the amount of $400,000.00 at closing. 14. PROJECT REVIEW: Simpson, Loveland and the Partnership shall -keep EPHA informed of all major matters involving the Project. During the construction phase of the Project, Simpson, Loveland and EPHA shall participate in construction conferences, which will be held at least monthly. The purpose of these conferences is to insure that the Project is being constructed as contemplated in the Proposal and the project design approvals. Following completion of construction of the Project and during actual operation of the Project, the Partnership shall provide quarterly reports to EPHA as to the condition of the Project, including appropriate statistical information on Project occupants and rental rates. 15. NOTICES: All notices demands or other documents required or desired to be given, made or sent to either party, under this Memorandum of Understanding shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: -3- Estes Park Housing Authority c/o Richard W. Widmer Assistant Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Simpson Housing Limited Partnership Scott McFadden 3201 South Tamarac Drive Suite 200 Denver, CO 80231 The Loveland Housing Development Corporation Sam Betters 2105 Maple Drive Loveland, CO 80538 16. ENTIRE AGREEMENT: This Memorandum of Understanding contains the understanding of the parties on the date hereof, and may be amended only in writing with said amendment being executed by all parties hereto. The parties understand and agree that it may be necessary to amend or supplement this Memorandum of Understanding in order to adequately effectuate the design, construction or operation of the Project. In that event the parties agree to use their best efforts to amend or supplement this Memorandum of Understanding. 17. TERMINATION: The term of this Memorandum of Understanding shall extend until the execution of the contractual agreement between the parties or upon prior termination by any of the parties hereto. 18. ASSIGNMENT: This Memorandum of Understanding may not be assigned, transferred or conveyed in any manner to any other party, without the express written consent of all parties hereto. THE ESTES PARK HOUSING SIMPSON HOUSING LIMITED AUTHORITY PARTNERSHIP THE LOVELAND HOUSING DEVELOPMENT CORPORATION -4-