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Home My WebLink AboutPACKET Town Board 1997-04-08Prepared 4/3/97 * Revised 4/8/97 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 8, 1997 7:30 p.m. AGENDA PUBLIC COMMENT 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 25, 1997. 2. Bills. 3. Committee Minutes: A. Board of Adjustment, April 1, 1997 (acknowledgment only). ACTION ITEMS: 1. Show Cause Liquor License Hearing: Philip J. & Christine Switzer, dba EAST SIDE FOOD STORE, 381 S. Saint Vrain Ave., 3.2% Retail Beer License, Off Premise. 2. Public Hearing: Amended Plat of Lots 1 and 2, Lee & Alps Addition, and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, Lynn W. Kinnie and Town of Estes Park/Applicant. 3. Public Hearing: Nytes Replat of a Portion of Lot 37, White Meadow View Place Addition, Steve R. & Barbara J. Nytes/Applicant. 4. Public Hearing: Amended Plat of Lots 3 and 4, Stanley Views Subdivision, W. Brooks Findley/Applicant. 5. Public Hearing: Amended Plat (Final) of the Thirteenth Fairway Subdivision, Lighthouse Group/Applicant. A. Ordinance 07-97 - Vacating a Public Street known as 13th Fairway Drive. 6. Public Hearing: Special Review #97-2 for Lots lA and 5A, Amended Plat of Lots 1 and 2, Lee & Alps Addition, and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, Lynn W. Kinnie/Applicant. 7. Town Administrator's Report - None. * Request the Town Board enter Executive Session to discuss 1) Personnel Issues, and 2) Contract Negotiations. 1 Town of Estes Park, Larimer County, colorado, M?rgh 25. . . 0 , ., 19 0 .97 ' Regular Minutes of a........ meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in 25th March 97 said Town of Estes Park on the ..... day of .........., A.D., 19. .. at regular meeting hour. Robert L. Dekker Meeting called to order by Mayor ......................... Present: Mayor Robert L. Dekker Trustees: Susan L. Doylen, Mayor ProTem William J. Marshall, J. Donald Pauley Richard D. Widmer, Also Present: Ass't. Town Administrator Vickie O'Conhor, Town Clerk Gregory A. White, Town Attorney Absent: Jeff Barker, Trustee John Baudek, Trustee George J. Hix, Trustee Mayor Dekker called the meeting to order at 7:32 p.m. PUBLIC INPUT. Al Wasson & Linda Stinnett, representing Sunrise Rotary, gave the official announcement of Duck Fest '97 (9th AnnuaD. Proceeds from the 1996 event totaled $63,520 for support to community organizations. The Â«Waddle Off' is scheduled April 78 from 4:30-6:30 p.m. where organizations will pickup their tickets. This event includes prizes, a special surprise and all are urged to attend. A golf tournament is scheduled May 17th A total of 48 organizations will be selling tickets this year. Louis O'Riordan addressed the Board on ramifications of being a Â«community activist" (un-marked mail relating to the concealed weapons permit), and he commented on the list of his community activities which include: low-income housing, new swimming pool, Stanley Village, Knoll Property, Local Food Tax repeal (voluntarily withdrawn), and defeat of the EVRPD Recreation Center. CONSENT CALENDAR. 1. Town Board Minutes dated March 11, 1997. 2. Bills. 3. Committee Minutes: A. Light & Power, March 13, 1997. B. Public Safety, March 20, 1997. C. Planning Commission, March 18, 1997 (acknowledgment only). 4. Police Dept. Complaint - East Side Food Store, 3.2% Retail Beer License - Set "Show Cause Hearing" for April 8, 1997 (alleged sale to a minor). It was moved and seconded (Doylen/Pauley) the consent calendar be approved, and it passed unanimously. Board of Trustees - March 25, 1997 - Page 2 ACTION ITEMS: 1. Light & Power/Purchase Bucket Truck - Annroval of Bud ret Expenditure. Ass't. Administrator Widmer briefed the Trustees on the low bid in the amount of $ 101,486.29 for a Versalift Bucket Truck from Mountain States Ford Truck, and the sale of the existing truck to Estes Valley Electric for $ 10,500. It was moved and seconded (Marshall/Doylen) the low bid submitted by Mountain States Ford Truck be accepted, including the sale of the existing truck to Estes Valley Electric, for a net budget expenditure of $91,436.29, and it passed unanimously. 2. Light & Power,rrenching Contract with Chiefs Landscaping - Approval of Budget Expenditure. This contract is to install 1,190'* of primary trench and conduit from the Town's Marys Lake Substation to the BOR's Marys Lake Power Plant. The Bureau of Reclamation will reimburse the Town for this expenditure, and due to the size of the Project, staff negotiated, rather than bid, a contract. It was moved and seconded (Doylen/Pauley) the Contract with Chief's Landscaping, not-to-exceed $6,792.50 be accepted, and it passed unanimously. 3. Light & Power/Ordinance #5-97 - Approval of Aerial Easement Vacation for Lot 2. Mountain Man Subdivision. The property owner has requested the Town vacate an aerial easement for Lot 2, Mountain Man Subdivision. The easement is currently vacant and the Town has no plans to use it as electricity is now provided by underground service. Attorney White read the Ordinance, and it was moved and seconded (Doylen/Pauley) Ordinance #5-97 be approved, and it passed unanimously. 4. Community Development/Ordinance #6-97 Regulating Banners Approval. Special Events Director Hinze reviewed the Ordinance designating the island east of the former Coffee Bar (20' x 3'), and right-of-way area west of the Highway 34/36 Intersection (30' x 3') for banner locations. Pursuant to Trustee Doylen's request, Director Hinze reported the Ordinance could be amended to add the north face of the Chamber of Commerce Building until such time as the Coffee Bar island is available. The Chamber sign would be limited to one sign at a time. Banner pole installation at the island will most likely be postponed as underground services must be relocated. Trustee Doylen stated that the maximum sq. footage for the Chamber sign should be addressed in the regulations. Attorney White read the ' Ordinance and stated it could not pass with an emergency clause (as prepared),as five positive votes are required. If approved, the Ordinance would take affect 30 days after publication. Director Hinze acknowledged receipt of a letter from Jim Durward expressing his concern with the new Ordinance as banner advertising will eventually be removed from the Chamber, and the Chamber is a major Scottish Festival ticket outlet. A question and answer period followed, with Trustee Doylen suggesting the banner installations be re-evaluated at the end of summer. It was moved and seconded (Marshall/Pauley) Ordinance #6-97 be approved, directing staff to ascertain the maximum square footage to be allowed on the Chamber of Commerce Building, and it passed unanimously. 5. Police Vehicle - Approval of Budiret Expenditure. Capt. Filsinger briefed the Trustees on a new Ford Crown Victoria with Police Package. The low bid in the amount of $16,754.00 was submitted by Academy, Inc., and the bid is within budget. It was moved and seconded (Doylen/Pauley) Academy's low bid for $16,754.00 with trade-in be accepted, and it passed unanimously. 6. Community Develooment/Clarion Associates Agreement for Estes Vallev Unified Development Code, Phase III - Approval. Community Development Director Stamey gave an overview of this Agreement, including the work proposal. Board of Trustees - March 25,1997 - Page 3 Clarion will produce a Unified Development Code that will implement the Town's new Comprehensive Plan. RNL Associates will serve as the Design Firm Consultant. Attorney White has reviewed the Agreement and his language changes have been added. The total Agreement is for $ 109,442 (Clarion and RNL), and the Town and Larimer County are each contributing $50,000; EPURA will have a separate contract for the downtown district. Approximately $ 10,000 will be ~ included in the Town's 1998 Budget to complete the project. Discussion followed on the timetable which indicates Clarion will commence work April 1, 1997, with an expected completion date of April 1, 1998. It was moved and seconded (Doylen/Marshall) the Agreement with Clarion Associates in the amount of $109,442.00 be approved, and it passed unanimously. 7. Second Amendment to Intergovernmental Agreement with EPURA. In a memorandum dated March 19, 1997, Administrator Klaphake reported on a letter from Auditor Steve Jackson and Finance Officer Vavra outlining their recommendation that any EPURA revenues in excess of $600,000 annually be transferred to the Town. EPURA would also retain sufficient funds needed to pay their debt service. On March 191 EPURA unanimously approved the Second Amendment which begins in 1998 through 2003. Ass't. Administrator Widmer reviewed TABOR implications that affect the budget (base) and the need for the Town to keep in stride with operational expenses. Any excess funds pursuant to this J Agreement will be transferred into the Community Reinvestment Fund. Staff . noted that the Town may have to revise the IGA again prior to the term of this Amendment. Ass't. Administrator Widmer confirmed that this Second Amendment U does not terminate EPURA's ability to continue any potential projects as their net available for operations and projects will be $600,000/yr. It was moved and seconded (Doylen/Pauley) the Second Amendment to the Intergovernmental Agreement between EPURA and the Town be approved, and it passed unanimously. 8. Special Event Liquor License Permit for the Museum . It was moved and seconded (Doylen/MarshalD the Special Event Liquor License Permit filed by the Museum for events scheduled May 2, June 20 and November 21, 1997 be approved, and it passed unanimously. 9. Town Administrator's Report: Ass't. Administrator Widmer read a letter dated March 13, 1997 from the Colorado Historical Society confirming that the Society has approved a grant in the amount of $220,505.00 for the Preservation of Stanley Hall. EPURA Executive Director Anderson was commended for his effort in preparing and submitting the grant application. Staff anticipates that bid documents will be prepared as soon as possible. It was moved and seconded (Doylen/Marshall) EPURA Director Anderson be authorized to complete the "Grant Award Acceptance Form" (merely an authorization to begin work), and that the Mayor be authorized to execute the formal Contract upon receipt, and it passed unanimously.. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 8:32 P.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk I.A.FOR'PUILISHING.0. RECORD OF PROCEEDINGS Board ofAdjustment April 1, 1997 Board: Chairman Paula Members Barker, Baudek, Newsom, Sager Attending: Chairman Pauley, Members Barker, Newsom and Sager Also Attending: Senior Planner Joseph and Secretary Botic Absent: Member Baudek Chairman Pauley called the meeting to order at 8:00 a.m. MINUTES The minutes of the February 11, 1997 meeting were accepted as presented. LOT 1, SAINT VRAIN CENTER SUBDIVISION,JOHN/PEGGY LYNCH AND JEFF/SUSAN HANCOCK/APPLICANT - VARIANCE REQUEST FROM SECTION 17.24.020.F OF THE MUNICIPAL CODE. Applicant is requesting the following variances: 1) a 25' wide planting buffer is required along arterial streets (Highway 7). A portion ofthe parking extends into this buffer and 2) a 15' wide planting buffer is required along non-arterial streets (Saint Vrain Lane). Along Saint Vrain Lane 15 parking spaces extend into this setback. Senior Planner Joseph reviewed the Staff Report stating as a result of meetings with Staff, the number of requested variances has been significantly reduced and a revised site plan has been submitted. Mr. Joseph reviewed Staff findings and recommended approval with the following conditions 1) the proposed building will be constructed as represented in the submitted elevation drawings and 2) the retaining wall along Saint Vrain Center will be architecturally related to this building, and a design detail to be provided. Applicant's representative, Bill Van Horn, stated the lot configuration is triangular and exhibits a grade difference. He stated the Applicant is attempting to make the best use of the propetty by utilizing the efforts of the designers, Steve and Betty Nickel. Applicants agree to comply with Staffrequests and stated the architectural wall will be a stone veneer that will compliment the building. Applicants and designers were in attendance at this meeting. The property line on Highway 7 will not be affected by the current highway re-construction. Chairman Pauley questioned the retaining wall and Mr. Van Horn stated the wall will be a traffic barrier and be visible from Highway 7 and he expects the design detail to be submitted/approved by Staff and the color and material will be in relationship to the building. Parking spaces were calculated from a noor area ratio. Member Sager questioned why and when existing conditions (fire hydrants, adjacent driveways) would be shown on the Site Plan and raised safety concerns. Mr. Joseph stated Staff is agreeable with using the architectural elevations as a guide and has considered the aesthetics of this request. Members Newsom and Barker expressed appreciation for the Applicant's effort in utilizing this site. It was moved and seconded (Barker/Sager) the variances, as presented, be approved for Lot 1, Saint Vrain Center Subdivision, subject to the following conditions, and it passed unanimously. â€¢ The proposed building be conslructed as presented in the submitted elevation drawings. â€¢ The retaining wall along Saint Vrain Center be architecturally related to this building, and a design detail be submitted and approved by Staff. RERORTS - none. eRADFOAD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment April 1,1997 Page 2 There being no further business, Chairman Pauley adjourned the meeting at 8:30 a.m. 9~WruLA.L/gi~Â·EWCA-) Roxanne S. Botic, Recording Secretary BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ----------------------------------------------------------------- ORDER TO SHOW CAUSE AND NOTICE OF HEARING S ----------------------------------------------------------------- IN THE MATTER OF: PHILIP J. & CHRISTINE E. SWITZER dba EAST SIDE FOOD STORE 381 S. SAINT VRAIN AVENUE ESTES PARK, COLORADO 80517 LICENSE NO. 03-30054 ----------------------------------------------------------------- WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT "B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE INVESTIGATION REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, April 8, 1997 at 7:30 P.M., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this <(77 * day of 9>Luek/ , 1997. '*t~ ESTE "/ TOWN OF ESTES PARK, COLORADO 0 /52> e va% By: ff-liaÂ·- tr= Town Clerk :.= = . 0 - :02 rt, 0 -4+- ~6:.f E A>Â°97 %42 2230 \,\\"1111111/noe EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-46-112(1) (b) (I) C.R.S.: It is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver, or to permit the sale, serving, giving or procuring of, any fermented malt beverage, as defined by Section 12-46-103(1.5), to or for any person under the age of twenty-one years. A. It is alleged that on or about December 20, 1996, David George Switzer sold a 6-pack of Coors Original bottles to CI #2 (d.o.b. 02/26/79) and CI #4 (d.o.b. 01/21/79) , both under the age of twenty-one years. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT REPORT NUMBER 96-1973 ESTES PARK POUCE DEPARTMENT 9 3 5 â„¢. PORT NUMBER 96-1973 FIELD INCIDENT REPORT L./2 12 N Place of Occurrence: 381 S St Vrain Ave., Estes Park, CO Report Status: CHARGES FILED Grid: 73-05-25 Area: 6 Date(s)/Time(s) Date Assigned: 122096 of Occurrence: 122096/1806 Time Assigned: 1804 Time Arrived: 1804 Date/Time Time Completed: 1806 Reported: 122096/1804 Total Time: 2 Incident Name (1): UNLAW ACTS LIQUOR Booked at DC?: No Juvenile Involved?: No Evidence/Property Seized?: Yes Synopsis: On 122096 at approximately 1804 hrs., myself and Officer Swallow sent two 17 yoa confidential informants into Eastside Food Store in an attempt to buy alcohol. The two CIs entered the business at 1804 hrs., went and picked up a six pack of Coors Original bottles. They took it to the front counter where they were assisted by DAVID SWITZER, manager. SWITZER did ask the CI who was purchasing the alcohol for his ID. CI did present his valid driver's license which showed a DOB of 022679, 17 yoa. SWITZER then sold the beer to the CI at approximately 1806 hrs. The CI then ret:urned to our car and turned over the beer to us and $4.76 in change. Â·We tagged the beer and placed it in evidence. SWITZER did admit to me he was guilty. Person/Business Involvement Person(s) Charged: 1. CS SWITZER, DAVID GEORGE DOB: 122363 SSN: Race/Sex: 1/MN /Nih: Hgt/Wgt: 600/215 Hair/Eyes: BLN/BLU Hm Add: 381 S St Vrain, #14, Estes Park, CO Ph: 586-0543 Wk Add: 381 S St Vrain, Estes Park, CO Ph: 586-4089 Other Involvement: 1. W CI #2 DOB: 022679 SSN: Race/Sex: W/M Eth: N Hgt/Wgt: 510/15 Hair/Eyes: BRO/BLU Hm Add: Wa Ph: Wk Add: 170 MacGregor Ave., Estes Park, CO Ph: 586-4000 2. W CI #4 DOB: 012179 SSN: Race/Sex: W/F Eth: N Hgt/Wgt: 503/120 Hair/Eyes: BRO/BLU Hm Add: n/a Ph: Wk Add: 170 MacGregor Ave., Estes Park, CO Ph: 586-4000 eV~/U_l_ 503% bq?- 1Â£09_ 4-033 /930<70 jPAfS/5058 c (psk/122796) SHIFT COMMANDER/ DATE APPROVED Page 1 -4 / 1 -.1 (21,-1-3 .% 1. '. 4. .... . i Ll- , :9 3/ #46' u; :67 f.- Y | UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT County ol Larimer. TOWN OF ESTES PARK VS CASE NO 90 -07-/97_g No 12878 ~ THE PEOPLE OP *HE STATE OF COLORADO Delendant (Last,tlame) (First) / ~-Â·. (Middle) Date 01 Birth Mo/Day/Yr Age-, Violation MUDayrY, 2>CA, 1 T 77 r . f-)a l,; rk 1 720/4 2 )1:2.36,9 23 Oliak p.Penal /23?09 (11 | Defendant's Address -33/ .'5 : C,ty. (1 State Zip Code Co No Approx T,rne Of Violation 1 1 Driver's Liceose Numbet. and Tvnâ€¢ .zirÂ· l/rain 44,/Lt C. Ste.5, t-'ark ~. 90-St 7 .06 GAO, Y S- O-3 132 699 | 5 7- 1 51 28' 13/-r '26Â£/ kro, -1*;Z3;7;'-3 u:=-U -rectior. Of Travel ~ 1 Employer A =Eq 5-r stch ' )Em-pic,6, Address a 9(/ 5,71')/Â·C | 0~10#tion / Business Telephone Traftic Accident Inturies Ing'ved 1 Vehicle License Number and Type State Vehicle Year Make Type or Body Style Approximate Location d Violation, State ol Colorado. Larimer County, in the lcD -i.li--li- - - - TOWN OF ESTES PARK 1 ~ Vehicle Color (To*Bottom) VIN la 33 1 5.51. +Ain A ge. Registered Owner | (Name and Address) . - YOU AAE SUMMONED AND ORDERED TO APPEAR O Same as above or TO ANSWER CHARGES AS STATED BELOW IN 1 .i.ARIMEREtlt#'6Â·:1,-Â·2Â·2...REL.,ea MUNIGPAL COURT Estes Park. CO on ft Aruc/, 4/ 62 (:) 7 6 19 9IZAT 9-'3 d (X@PM 0606 Nal c--d. Le-<co ESTES PARK 170 MacGregor Avenue 1Â¤ CHARGE | SECTION MTC 0 | No 1 1/1-47-/200)A ~CAS | EPMC 15237; -- - pOINTS COM CODE (rvle Jr, V,flUOU S : 50'fiT{,4i-,t,15)~-/ clit<, C713 4, on oÂ«&41- ti/(A./1-1'Al 7'./)14 472_ 1 -ir/< 12rk.Rlice.*Chor., Int.In<5 i,55 4,an al voci . | o CHARGE NECTION M~1'C ' 1 No 2 CRS EPMC | ~ FINE POINTS ~ COM CODE ~ ~ * CÂ·%-321:22(,Ul~~~,-~~1<O~~OF~~~t~:-L'-2, 2-':S~litit~'TE~I~~Â· PENT~A~FZ~'pgIT~IONFFENDS~~CKN-OWLEckE GUIC~ opildktks 1 0 z , .APPEAR AT THE .IINE AND.PI*EE INDICATED A[30Â¥E. CONTAINED'REREON AND UNDERSTAND THAT THE POIN~NDICATED ABOVE WILL' BE ASSESSBO AGAINST 1 E .ow ..'~.~' '*'#TiI*ti':~ ~:: 4''LU-. -MY 081>/EM'S UCENSE... Â· , 11- , PH --DEFENDANT'-4 --9 3'Â·Â»77-Â·, AÂ· ---1 --- .1 DE*ADANT.t '. 1.h.. / 9- .~ ~~Â°58.- r,insh,c-~~o~$ A;Acts-/t~,~ \ POTICE.Â· See insteco'ons On Remrse Side. ~ 1 - Total Fine $ O Mailed | WITHOUT ADMAING GUILT, 1 HEREBY PROMISE TO APPEAR AT THE ~ O MANDATORY COURT APPEARyd' ~ 4 TIME AND.POCE INDICATED ABOVE. ~ 1 g= / 5 8 DEEWDANT CITIZEN COMPLAINT / 1 2 ~TICE: See Instructions On Reverse Si~F' , 1 1 THE UNDERSIGNED HAS PRO8A8LE CAUSE TO BELIEVE THAT THE DEFENDANT.gefudiftIO THE OFFENSE(S, AGAINST THE PEACE AND DIGNIFY OF THE PEOPLE OF THE STATE OF ~ COLORADO AND AFFIRMS THAT A COPY THIS SUMMONS & COMFO,69TJ)0*D#CQ98SESSMENT WAS DULY SERVED UPON THEBEEENDANT. l DATED .20 DAY oF <LAC- 19 ~ Â¢G OFFICER --~2--No i223'6/ :#CER LAST NAMF ,0~,4K.5.S / 1 COURT iS I tb PAHK PULIC-t UtPAH I MIN I LDO UM ENT-REA BOTH ESTES PARK POLICE DEPARTMENT * - SPEED ~ OFFENSE SECTION - INCIDENT REPORT TYPE REPORT# 9 4 -07 -/973 O ORG .ELSUPP O IN CUSTODY FILING O OTH FILING O PRIORITY O DUI Â£ DOM VIOLENCE S USE - OFFENSE PERS/BUS O NONE O COMPLAINANT IS PROF'NEH O NONE O PROPERTY INFO MATION 1 SECTIONS # SECTIONS # REPORTING OFFICER SECTIONS # UNKNOWN PLACE OF PHONE OCCURRENCE DATE(S)frIME(S) OF OCCURRENCE DATE/TIME REPORTED ~DATE ASSIGNED / TIME-ASSIGNED / ARRIVED / COMPLETE / TOTAL 1 1 1 1 1 1 REPORT STATUS O EXCEPTIONALLY CLEARED--1- 0 A) DEATH OF OFFENDER AREA 1 --)- 0 B) PROSECUTION DECLINED 06 RNG 73 W 0 1/N) OPEN 0 5/N) IN-SUSPENSE RECORD TYPE O 2/N) INACTIVE ,~Cl/N) CHARGES FILED -1- O C) EXTRADITION DENIED - TWN 05 N O PA) PENALTY ASSESSMENT O 3/14) ACTIVE / [N7/N) OTHER DEPT HAND -3* O D) VICTIM REFUSED SRD O TS) TRAFFIC SUMMONS --1- O E) JUVENILE/NOT CHARGED EP001 SEC 25 O 4/U) UNFOUNDED O 8/14) INFO REPORT O CS) CRIMINAL SUMMONS > EC) DATE: BOOKED AT DC? O YES O NO JUV NAMED? m YES 0 NO EVID/PROP SEIZED? O YES O Ne KEYS: NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD c (4 kwk 1 4 er, C re La., ~ D CONSPIRACY PREMISE ~-~ O F) FORCED ENTEREDI O N) NO FORCE O SOLICITATION NO. INCIDENT/OFFENSE NAME (MQ#t TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD Â£ CONSPIRACY PREMISE ~ O F) FORCED ENTERED O N) NO FORCE O SOLICITATION NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD O CONSPIRACY PREMISE ~ O F) FORCED ENTERED O N) NO FORCE O SOLICITATION NO. INCIDENT/OFFENSE NAME (MOST TO LEAST SERIOUS) CNTS O ATTEMPT NCIC NIBRS NUMB OF ENTRY METHOD O CONSPIRACY PREMISE ~ O F) FORCED ENTERED D N) NO FORCE O SOLICITATION LOCATION TYPE (CHECK ONE) O 06) CONSTRUCTION SITE m 13) ALLEY/ROAD/HIGHWAY O 20) RESIDENCE O 07) CONVENIENCE STORE m 14) HOTEUMOTEL O 21) RESTAURANT O01) AIRPORT/BUS, TRAIN STATION O 08) DEPARTMENT/DISCOUNT STORE O 15) JAIL/PRISON O 22) SCHOOL/COLLEGE BANK/SAVINGS & LOAN CO O 09) DRUG STORE/DR. OFFICE/HOSP 2 16) LAKE/WATERWAY O 23) SERVICE/GAS STA. NIGHT CLUB/BAR/TAVERN O 10) WOODED AREA/FIELD C] 17) LIQUOR STORE O 24) SPECIALTY STORE ., CHURCH/TEMPLE/ETC 011) GOVERNMENT BUILDING O 18) GARAGE/PARKING LOT 6 05) COMMERCIAL BUILDING 012) GROCERY/SUPERMARKET O 19) RENTAL STORAGE FACILITY 0 25) OTHER/UNKNOWN OFFENDER USED (CHECK ALL THAT APPLY) D A) ALCOHOL O C) COMPUTER EQUIPMENT O D) DRUGS/NARCOTICS O N) NOT APPLICABLE TYPE OF CRIMINAL ACTIVITY (CHECK UP TO THREE) TYPE OF WEAPON/FORCE INVOLVED (CHECK UP TO THREE) (CHECK 'A" IF FULL AUTO) O B) BUYING/RECEIVING 011) E A) FIREARM (UNKTYPE) 0 40) PHYSICAL FORCE (PERSONAL WEAPON) m C) CULTIVATING/MANUFACTURING/PUBLISHING 0 12) O A) HANDGUN O 50) POISON D D) DISTRIBUTING/SELLING O 13) m A) RIFLE O 60) EXPLOSIVE O E) EXPLOITING CHILDREN O 14) m A) SHOTGUN O 65) FIRE/INCENDIARY DEVICE [30) OPERATING/PROMOTING/ASSISTING O 15) 3 A) OTHER FIREARM O 70) DRUGS/NARCOTICS/SLEEPING PILLS 0 P) POSSESSING/CONCEALING 23 20) KNIFE/CUTTING INSTRUMENT O 85) ASPHYXIATION OT) TRANSPORTING/TRANSMITTING/IMPORTING O 30) BLUNT OBJECT O U) USING/CONSUMING 9 35) MOTOR VEHICLE 0 90) OTHER O 95) UNKNOWN O 99) NONE BIAS (CHECK ONE ONLY) m 15) ANTI-MULTI-RACIAL GRP 0 26) ANTI-MULTI-RELIGIOUS GROUP O 42) ANTI-FEM. HOMOSEXUAL 011) ANTI-WHITE m 21) ANTI-JEWISH O 27) ANTI-ATHEIST/AGNOSTIC/ETC. 0 43) ANTI-HOMOSEXUAL (M&F) O 12) ANTI-BLACK m 22)* ANTI-CATHOLIC O 31) ANTI-ARAB O 44) ANTI-HETEROSEXUAL 1 13) ANTI-AMER IND/ALSK NATIVE O 23) ANTI-PROTESTANT O 32) ANTI-HISPANIC O 45) ANTI-BISEXUAL O 14) ANTI-ASIAN/PACIFIC ISLANDER O 24) ANTI-ISLAMIC (MOSLEM) O 33) ANTI-OTH ETHNIC/NAT'L ORG 0 25) ANTI-OTHER RELIGION m 41) ANTI-MALE HOMOSEXUAL O 88) NONE O 99) UNKNOWN SYNOPSIS: 0.0< E Cks> R. 0. C. . 29 i L - A Ajo_/Â«-r ;Vt. (3'1 7~be. 9-k-r-c//7â€ž A...1 of- O/0-27(1> GJ- 1-5.3 <Â·.-Lc~v __-211Â£.~~2.--614~2=-_&_GLI-0-CA-.~1112_~ik~~ildlai_ZE(lil= 4, D- /1(e-$ Abi''c. lo_2 <71'â‚¬54- 7-0 Â·50,-1.-4-0,-a. LA.Â·,- c<#,/ 741e c~-~- 01- 3 /9-Qq . 6 1 r O C t C- a ,) 1-Â« c 1-4- ct . f~I-) <a U ; ef . 5 0 - iÂ¥-C cr O,1 6~ CA n Lf-1 Gz,<4 G; f ] 5 Urn a 9.1 1 -1-A a (le i.. ,< 0[ 4 -r-Â·e c.t /9 9 57 rÂ« 1-A 1 9- m- t,1 0. ri /97 0 - /7 4 1 - OFFICER SIGNA SUPERVISOR SIGNATURE & NUMBER DATE APPROVED ./il -r_ 1/4557 317,2,Â« | 0/-06 - 97 Ce, 2. 0.1~./ 40_ t-A-r-t ESTES PARK POLICE DEPARTMENT Â· PERSON/BUSINESS SECTION - INCIDENT REPORT ORT # 94 -/97 3 ENTER ALL PERSONS CHARGED FIRST, ALL VICTIMS SECOND, ALL OTHERS LAST , L CODES BK, CF, CS = 'A" ARRESTEE/ARREST INFO REQ INVL CODES V, BV = V VICTIM/VICTIM INFO REQ ALL OTHER CODES = .0. SEQ O A NAME C . DOB RESID STA NUM OV / Up/M ./ 41/ / Tz- e /~ r 4 1,0 3- 2< RON 03/3 2/2 S-,0 SOCIAL SECURITY NUMBER ' RACE&CW SEX 2.M ETH Z HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 21 OB OF 0NOT HISPANIC â‚¬,df 20 680 8 L U CODES _,1(3 C]A O U EU Dj UNKNOWN HOME ADDRESS !935 (6(4(ker Oicw Li.n. Eurâ€ž 4,)/k (<1 905(9PHONE 334>-- 9 429 WORK PHONE NAM/ADD ARREST ARREST TYPE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO DATE/TIME / O0 CS EC OM OFFENSE NUMB ARMED WITH CA ZH ER OFFENSES COMMITTED 61 52 53 54 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE IN ZB 21 0 L AGAINST THIS VICTIM 06 07 2 8 09 010 TYPE CIRCUMSTANCES CIRCUMSTANCESÂ· INJR EM 23 0 2 T DU VICTIM / ARRESTEE REL CODE / SEO NUMBER /Al IA2 /AS LA4 /A5 /A6 /A7 /A8 /A9 /A10 SEQ O A NAME DOB RESID STA NUM O V l./F/M .REN 00 SOCIAL SECURITY NUMBER RACE Dj W SEX Z M ETH Z HISPANIC HEIGHT WEIGHT HAIR EYES INVOL -1 CB OF Z NOT HISPANIC CODES EA CU CU I UNKNOWN HOME ADDRESS PHONE WORK PHONE NAM/ADD ARREST ARREST TYPE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO ~ATE/TIME / 3 0 CS IC OM OFFENSE NUMB ARMED WITH CA ZH OR ENSES COMMITTED 2 1 2 2 2 3 04 05 |VICT ASSLT/HOMICIDE JST HOMICIDE TYPE IN D B El OL INST THIS VICTIM 06 E7 2 8 29 2 10 rPE CIRCUMSTANCES CIRCUMSTANCES INJR IM ZE O T T JU VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al IA2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 hA10 SEQ O A NAME DOB RESID STA NUM O V UF/M DR ON 00 SOCIAL SECURITY NUMBER RACE Z W SEX Z M ETH Z HISPANIC HEIGHT WEIGHT HAIR EYES INVOL 21 OB O E Z NOT HISPANIC CODES .A DU OU E UNKNOWN HOME ADDRESS PHONE WORK PHONE NAM/ADD ARREST ARREST TYPE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO DATE/TIME / 30 ES Dc OM OFFENSE NUMB ARMED WITH ZA ZH OR OFFENSES COMMITTED C 1 62 03 34 CD 5 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE IN OB III EL AGAINST THIS VICTIM 06 57 08 09 010 TYPE CIRCUMSTANCES CIRCUMSTANCES INJR EM 90 ET JU VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al /A2/ /A3 /A4 /A5 /A6 /A7 /A8 /A9 /A10 SEQ O A NAME DOB RESID STA NUM O V UF/M IR EN 00 SOCIAL SECURITY NUMBER RACE Z W SEX O M ETH Z HISPANIC HEIGHT WEIGHT HAIR EYES INVOL El OB OF m NOT HISPANIC CODES -A EU DU 3 UNKNOWN HOME ADDRESS PHONE WORK PHONE NAM/ADD EST ARREST TYPE MULTI CLR MOST SERIOUS ARRESTEE JUV DISPO E/TIME / 50 CS UC OM OFFENSE NUMB ARMED WITH EA ZH TR OFFENSES COMMITTED 0 1 02 33 24 05 VICT ASSLT/HOMICIDE JST HOMICIDE TYPE IN CB CD I EL AGAINST THIS VICTIM 06 07 08 CD 9 0 10 TYPE CIRCUMSTANCES CIRCUMSTANCES INJR IM DO EDT EU VICTIM / ARRESTEE REL CODE / SEQ NUMBER /Al IA2 /A3 /A4 /A5 /A6 /A7 /A8 /A9 /A10 EPPD 7/95 4/0 1 9 C~ Gl ' 4 4 4.3 V 1 UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT ~E~MIS. TTHOEWSTATFE EO~=ZOO vs CASE NO 26-0 7-/7.73 Nl 12879 1 Defendant (Last Name) . y (Fl,9 (Middle) Date of Birth MUDayrfr Age ViC]lation 'Â·10/Day; r / 3 c'Jirl. â‚¬ r, 4Â·n; 't n 3*>te/..1 0.3 i39'2 94 \,O T,affâ€¢. X Penal 67 9,91. Delendant s Address _ /' Â·- ' Cq n . State Zip Code Co No Appfox Time CH V,olation 123.9-016Fte-r VALâ€¢J L-n.S>Tof/--A/k./1Â¢,0%05/7 040(-ppin - I S:ate Sex' Yalk IjibÂ» ,%:E) 2067 326/ 32,Te-IeRE29 D,rection Of T,Â£41 0339*38933 1 CO U-ILL-WIL Erooloyer Name , Employer Address Occupation Bus,ness Telephone Tialf,c Accident Injuries InvolÂ·ded 1 67. 7- 3-,11 ~..1 -(LIT , s 191: ~i-4 30 - 2. le Appioximate Location of Violabon. State ol Colorado. Larimer County. in the O en L r 5 86-90 17 S Yes ,Â»to D Yes ,;4.No 1 Veh,cle License Number and Type Veh,Cle Year - - - TOWN OF ESTES PARK \Iâ‚¬tude EGg Botaes:A VIN ~3 3 / C) , b r \/ 10 - v (44 1 /1 1 ~ Registered Owner ~ame and Address) -ill--- YOU ARE SUMMONED AND ORDERED TO APPEAR Same as above of TO ANSWE,R CHARGES AS STATED BELOW IN ~ ~ LARIMEREINTY x 606 N-Â· O.-u. u-r.. CC ESTES PARK 170 Mac:Gregor Avenue URT D 200 W. w sâ€ž.* n Co,â€¢- co MUNIaPAL COURT Estes Park. CO On fe b Afacy 20141 19 97 AT 3:36)/6.71pM I 5 cHAIR?E 1 Be 9 7-82 9602 42 1 MTC ' 1FINE POINTS COM CODE EPMC qiÂ»,i . - SOJ,7-2. (.r'. dicl- (An'q.vAJ/#purar i e. Â«11;,-t~ c> 6 (ncar /jrâ€ž.or Â·ro o n V & ac:.in-1- u.,0.-kin~ c,jiÂ·rk yhe. E.PPC>. 6.-Inti {23.3 rhctri 3-1 vici . ~ 8 02? E SECTION MTC ' FINE POINTS COM CODE CRS EPMC IJ 1 1 U.1 Â· , SUMMONS: O TRAFFIC INFRACTION DCOFFENSE PENALTY ASSE;84NT: O TRAFFIC INFRACTION O OF~NSE ~ Q WITHOUT ADMITTING GUILT 1 HEREBY'PROMISE TO UPON PAYMSMFOF THIS PENALTY ASSESSMENT WITHA 20 DAYS, 1 ACKNOWLEDGE GUILT,6F ALL CHARGES Ze APPEAR AT THE TIMS-4140 PLACE INDIghTEDA@7.E. CONTAINSâ‚¬fHEREON AND UNDERSTAND TH.AT THFROINTS INDICATED ABOVE WILL B~SESSED AGAINST 88 -A '.1 Â·. , .7 1/ 2/ -- MY DOWER'S LICENSE. Â· , DEPfNDANT Â· ~. Â· NOTICE: See WIStructions On Reve,â‚¬efid~+P~'/ ~~OTICE: See Instructions On Reverse Side~ Â· O Mailed Total Ene %/ 1 | @ ~ TIME ANP+LACE INDICATED ABOVE. / -4 WITHOUT 40&4ITTING GUILT. 1 HEREBY PROMISE TO 6/EAR AT THE ~ O MANDATORY COURT APP Auk < 1 1 1 | 3 8 0%26,DANT CITIZEN COMPLAINT / \ 2 yAJTICE: See Instructions On Reverse Side~ 1 THE UNDERSIGNED HAS PAO8A8LE CAUSE TO BELIEVE THAT THE DEFENDANP.Â·3Â·5(4MITTED THE OFFENSECS) AGAINST THE PEACE AND DIGNITY OF THE PEOPLE OF THE STATE OF | COLORADO AN â‚¬FFIRMS T~ A COPY OF THIS SUMMONS & EREPAINI,eR pE~07 ASSESSMENT WAS DULY SERVED UPON THE DEFENDANT 1 DATED ~ DAY OF -14/7 19 - OFFICER ,07{-4 /5-- NO .92)/ OF: CER LAST NAME 943- 5 \ /3 1 CUUH tbith YAMA rULIc.C Unt-Ant [VIC-171 AL GA D 2.b. Amended Plat of Lots 1 and 2. Lee and Alps Addition and of the Amended Plat of Lots 5A and 9. Prospect Village Slibdivision. Lynn W. Kinnie and Town of Estes Park/Applicant. Director Stamey stated the Applicant has two requests before the Board and the Agenda would be revised to discuss the Special Review application following the Amended Plat. This proposed subdivision would result in: 1) the two lots north of the Big Thompson River being combined into one lot, 2) dedication of a 10' wide pedestrian access easement along the south side .f Lot lA, 3) 50' radius at the NE corner of Lot lA which could be available for future Highway 36/Crags Drive intersection improvements and 4) former Outlot A transferred from the Town to Kinnie with the existing 30' wide public access easement being retained and an additional access easement being granted from this 30' easement to Lot 5A. Mr. Stamey reviewed the staff report noting Plat and application information needs to be modified and the future highway R-0-W on Lot lA would need to be dedicated with this Plat. Applicant's representative, Bill Van Horn, stated they will comply with the street dedication after a field visit/determination. Director Stamey stated an easement paralleling Highway 36 should be granted for potential Highway construction. Mr. Van Horn requested a reverter clause on the easement if it is not needed. Town Attorney White suggested all buildings except encroaching buildings be removed from the Plat for easier readability. It was moved and seconded (A. Hix/Brown) the Amended Plat of Lots 1 and 2, Lee and Alps Addition and the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, be favorably recommended to the Board of Trustees subject to the following, and it passed unanimously. 1. Plat Information â€¢ Add 100 Year floodplain. â€¢ Label pedestrian easements as "public access easement". â€¢ Dimensional information and some of the graphic labeling be enhanced for better readability. 2. Application Information The Lot information On the Application and Statement of Intent shall be revised to reflect this Plat. 3. Provide a copy of Maintenance Agreement prior to Town Board review. 4. Access â€¢ The proposed R-0-W dedication shall be determined by Staff and the legal description shall be added to the Plat prior to Town Board approval. 5. Utilities â€¢ The boundary lines of Lots lA and 5A shall be bold and with a larger pen size. â€¢ The public access easement in the existing eastern section of the parking lot shall be described with additional curve and line data. â€¢ The first note shall be changed to: 'The wall and all structural appurtenances, but not....by the owners. The footbridge and all appurtenances will be maintained by the owner". â€¢ The bumper car building encroachment into the proposed 10' access easement shall be removed during the development of the eastern portion of Lot lA. This note shall be added to the Plat. â€¢ The 10' access easement south of the river shall be labeled as a public access easement. 6. Other â€¢ Remove all buildings except encroaching buildings from the Plat. â€¢ The older, abandoned service line must be plugged or capped to the satisfaction of the Estes Park Sanitation District's line superintendent. -=m-Pual.,DMING CO RECORD OF PROCEEDINGS Planning Commission - March 18, 1997 Page 4 2.d. Nytes Replat of a Portion of Lot 37. White Meadow View Place. aka Mountain Printery and The Bowling Alley. Steve R. and Barbara J. Nytes/Applicant. Commissioner A. Hix was excused as she had a conflict of interest and Town Attorney White and Commissioner Brown were excused due to prior commitments. This request is to divide one lot into two lots. Director Stamey reviewed the Staff report and correspondence received. Applicant's representative, Bill Van Horn, stated they are willing to comply with Staff requests and there will be a blanket shared parking agreement and maintenance agreement proportional to size of buildings. Locates requested by EPSD will be done prior to the Town Board meeting. Chairman Sager recognized the Planning Commission has no authority regarding fence repair, however, he noted the fence on the east end of the bowling alley is in need of repair and wheel stops would also be helpful. It was moved and seconded (Burgess/Gilfillan) the Nytes Replat of a Portion of Lot 37, White Meadow View Place, aka Mountain Printery and The Bowling Alley, be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously with one abstention. 1. Modify access easement across Lot 1. 2. Provide a parking and access easement for the area north of the bowling alley prior to Town Board. 3. Provide a parking and access easement maintenance agreement to include shared parking requirements prior to Town Board review. 4. Increase size of Lot 2 by 2,776 sq. ft. 5. Modify Nytes acknowledgment statement. 6. Utilities â€¢ Add a 20' utility easement for the water main on the property. â€¢ Provide a 20' utility easement on Lot 2 for Lot 1 water service and possibly other Lot 1 utilities crossing Lot 2. â€¢ Provide the west property line distance for Lot 1. â€¢ Provide a bearing and distance for Lot 2 west access/utility easement. â€¢ The additional bold line parallel with Lot 2 south property line to be removed. 7. Sewer lines to be shown on the Plat. Commissioner A. Hix resumed her position on the Commission. OaMJLCh, 2.d. Lots 3 & 4 of the Stanley Views Subdivision, W. Brooks EinsilmYOUaligant. This request is to combine Lots 3 and 4 into one Lot. Director Stamey reviewed the staff report noting Public Works Director Linnane's request to uncover one service tap corporation stop and physically disconnect the service line and Attorney Whitels comments regarding the change on the Dedication Statement. Applicant's representative, Bill Van Horn, has no objection to Staff recommendations, and stated they will work with the Water Department on how to plug the tap. It was moved and seconded (Gilfillan/Burgess) Lots 3 & 4 of the Stanley Views Subdivision, be favorably recommended to the Board Of Trustees, subject to the following conditions, and it passed unanimously. 1. Plat information â€¢ Show area of Lot 3A in acres. â€¢ Label and dimension open space easement along the West property line. 2. Utilities â€¢ The 2 lots have water service stub-outs to each. , The owner shall uncover 1 service tap corporation stop and physically disconnect the service line. â€¢ All dashed lines to be labeled. 3. The Dedication Statement shall be changed to read: 'Do hereby subdivide the same into lots and blocks, open space easement areas and utility easements as shown on this Plat, and do hereby dedicate and designate all such utility easements to and for public use for the installation and maintenance of utility, irrigation and drainage facilities.' 4. Indicate the open space easements on the lots. 2.g. Amended Plat (Final) of Thirteenth Fairway Subdivision. Lighthouse Group/Applicant. This request is to divide 10 acres into 5 blocks. Paul Kochevar, Applicant's representative, explained the Lighthouse Group has requested the Community Church vacate the existing Thirteenth Fairway Drive R-0-W and Applicant is providing like area in exchange, the Plat will show Blocks 1-5, with Block 5 belonging to Community Church. He stated Attorney White's comment regarding private streets is irrelevant, he recognized an Ordinance to vacate the Thirteenth Fairway is required and has requested Staff to prepare that ordinance. Water line easement and electrical easements will remain on the Plat until new service lines are installed and Applicant will come before the Planning Commission at a later time to vacate old easements. The Applicant has reached an agreement with EVRPD. The snow removal easement in the northwest corner of Block 4 was inadvertently placed on the Plat. Attorney White agreed with Mr. Kochevar's comment regarding the private streets and the dedication should be changed to include public streets. Director Stamey reviewed the staff report and stated he would like to discuss/finalize Public Works Director Linnane's comments and drainage design when Mr. Linnane returns. It was moved and seconded (Burgess/A. Hix) the Final Plat of Thirteenth Fairway Subdivision, be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously. 1. Provide Improvement Guarantee and Letter of Credit prior to Town Board review. 2. Label the 10' wide utility easement along the west lot line of Block 5. 3. Incorporate comments in Public Works Memorandum dated March 7, 1997. ORDINANCE NO. AN ORDINANCE VACATING A PUBLIC STREET KNOWN AS 13TH FAIRWAY DRIVE WHEREAS, the owners of the property abutting 13th Fairway Drive have requested that the Town vacate this street as the owners have resubdivided the abutting properties and provided public street access which removed the need for public street access on 13th Fairway Drive; and WHEREAS, there is no longer any necessity to have public street access in the location of 13th Fairway Drive; and WHEREAS, it is necessary to reserve public utility and drainage easements in the vacated street; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interests of the Town to permanently abandon and vacate 13th Fairway Drive, reserving public utility and drainage easements. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Board of Trustees of the Town of Estes Park, Colorado hereby vacates 13th Fairway Drive from its intersection with Brodie Avenue to its southern terminus where said street is located on the Amended Plat of Thirteenth Fairway Subdivision, Town of Estes Park, Larimer County, Colorado. Section 2: The Town hereby reserves over the vacated portion of 13th Fairway Drive a permanent utility and drainage easement. Section 3. The Town surrenders any and all right, title and interest to 13th Fairway Drive, subject to the reservation set forth in Section 2 above. Section 4. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. 2.c. Special Review 97-2. Lot lA & 5A of the Amended Plat of Lots 1 & 2. Lee and Alps Addition and of the Amended Plat of Lots 5A and 9. Prospect Village Subdivision. Applicant: Lynn W. Kinnie. This is a proposal for construction of two additional 18 hole miniature golf courses and a new foot bridge. Chairman Sager opened the Public Hearing. Director Stamey reviewed the staff report noting paths with direct connections are preferable and the developer will be responsible for maintenance of these connections. Staff has concerns with the colors and descriptive phrase 'festive in nature' and is requesting primary and bright colors be avoided and a that a statement of this intent be provided. other staff comments included parking concerns, providing a lighting detail (lights need to be shielded), clarifying the status of existing golf course, submission of a construction schedule and path modification. Mr. Stamey noted CDOT was completing a site visit on this date which may result in a guard rail being required which would be the Applicant's responsibility and emphasized approval of this Special Review does not imply any approval of the existing parking on Lot lA. Applicant's representative,,Bill Van Horn, stated a lighting detail would be provided with bollard type lights being planned and due to the nature of use, some medium height lighting will be utilized. All lighting will be shielded. Mr. Van Horn recognized the color/design concerns, stating the general theme would be 'old west' and all features of the course are to be low level, with intense landscaping, and he does not have any objection with the conditions of the colors; additional information Will be submitted. Regarding disposition of the existing course, a portion is in need of reconstruction and there will be a slight adjustment relative to the new course protrusion, it will be maintained until the property is re-developed. Mr. Van Horn stated a multi-family use drawing has been submitted for future intended use of the slide/miniature golf course area: the construction schedule is contingent upon approval process (possibly 1997 season, completion by Spring 1998). The Go-Cart parking has been more than adequate, with additional parking available. There may be shared parking with Estes Park Brewery in the future. With the removal of the 5 spaces requested by Staff, approximately 30 new spaces would be available (along the east side of the vacated Prospect Village Drive). He would agree to a note on the Development Plan regarding an obligation to construct additional parking at the Town's request. He was in agreement with other staff requests, including working with Staff on the path interface and would prefer to continue with a two sheet submittal. Commissioner Pohl was pleased with the importance of colors to the Applicant and expressed concern that in the past, national news had commented on the infringement of site lines in Estes Park due to the 'slide' and requested specific wording in the motion regarding .colors. Commissioner Gilfillan emphasized the importance of shielded lighting. Commissioner A. Hix clarified with Mr. Van Horn that if a guard rail is required by CDOT, it will be the Applicant's expense. Mr. Van Horn agreed to consider Chairman Sager's request for additional handicap spaces. Audience comments were heard from Mary Lamy, Rock Ridge Road who was concerned with lighting, noting the current lighting is intense, intrusive and dominates the night sky. Steve Komito, Estes Park resident, requested clarification of the dedicated easement for a trail north of the river and if the slide would be removed as had been discussed five years ago when approval was given for the Go-Cart proposal. He requested the Commission's assistance with removal of the slide. The Public Hearing was closed. Attorney White stated it is not appropriate to request the slide be removed, a voluntary comment could be given - it could not be a recommendation. Mr. White stated removal of the slide was not a condition previously and there is no current violation of any land use decisions. It was moved and seconded (Pohl/Brown) Special Review, 97-2, Lot lA & 5A of the Amended Plat of Lots 1 & 2, Lee and Alps Addition and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, be favorably recommended to the Board of Trustees, subject to the following, and it passed by the following votes: those voting "Yes", Commissioners Brown, Burgess, A. Hix, Pohl, and Sager, those voting "No", Commissioner Gilfillan. 1. Show additional parking (aminimum of 13 spaces) and add additional parking note recommended by Staff. 2. Provide access maintenance agreement prior to Town Board. 3. Show the 2 private paths and add referenced note. 4. Show Crags Drive defined access. 5. Provide irrigation plan and related information. (per Public Works) 6. Provide additional landscape information (species, quantities, sizes, highway frontage). 7. Provide a site lighting detail to be approved by Staff. 8. Label access easements as 'public access easement". 9. Change Highway 34 to Highway 36. 10. Show edge of Big Thompson River. 11. Identify status of existing 18 hole golf course. 12. Identify construction schedule. 13. Provide information on site design (materials, color features) for Staff approval. 14. If required by CDOT, guard rail to be provided at Applicant's expense. 15. No approval of parking layout in northeast area.