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Home My WebLink AboutPACKET Town Board 1998-01-13Prepared 1/08/98 *Revised 1/09/98 .$ .ill ./ - Â·The MissionÂ·of the Town of Estes-Park-is to'plan-*hd p'tovide 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, January 13, 1998 7:30 p.m. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated December 9, 1997. 2. Bills. 3. Committee Minutes: A. Light and Power, December 11, 1997 and January 8, 1998. B. Planning Commission December 16, 1997 (acknowledgment only). C. Community Development, January 7, 1998. 4. Amended Plat of Lots 26 and 27, Block 9, Country Club Manor Addition, Ruth Goetze]/Applicant - Motion to withdraw, Applicant to request future placement on Agenda. 5. *Amended Plat of a Portion of the SWQ of Section 25, T5N, R73W of the 6th P.M., and Lots 4,5 and a Portion of Lot 3, High Pines Subdivision, John & Marcia Henry/Applicant - Continue to February 10, 1998. TOWN BOARD COMMENTS: ACTION ITEMS: 1. Estes Park Volunteer Fire Department 1997 Annual Report - Fire Chief Dorman. 2. Automatic Meter Reading - Approval of Budget Expenditures and Procedure/Policy Manual Amendment - Light and Power Director Matzke. P e '. 3. Lease Agreement with Minolta Business Systems - Approval - Senior Planner Joseph. 4. Amendment to M.O.U. between the Town, Rooftop Rodeo Committee and Top Hands Organization, Inc. - Special Events Director Hinze. 5. Final Plat of Prospect Highlands Subdivision - Condition #10 - Senior Planner Joseph. 6. Public Hearing for Special Review #97-01, Block 1-4, Amended Plat of Thirteenth Fairway Subdivision, Rainbow Lake Investments LLC/Applicant -Senior Planner Joseph. 7. Public Hearing for the Amended Plat of Lots 1 and 2, Schuster Subdivision, Robert Sunderlund/Applicant - Senior Planner Joseph. 8. Ordinance #1-98 - Amending Section 2.52.020 Municipal Judge Salary - Administrator Klaphake. 9. Ordinance #2-98 - Conservation Easement to the Land Trust - Administrator Klaphake. 10. Liquor Licensing: A. Transfer of Ownership from Surrey Restaurant, Inc. to Phoenix Rocky Mountain Ventures LLC, dba LA CASA OF ESTES PARK, 222 E. Elkhorn Ave., Hotel and Restaurant License. B. History of Show Cause Hearings - Report - Clerk O'Connor. C. Stipulation Guidelines - Approval - Clerk O'Connor. 11. Town Administrator's Report: A. National Geographic Update. B. Stanley Hall Preservation Project - Approval of Contract with State Historical Society, Phase II. 12. Request to enter Executive Session to discuss land negotiations. 2 Q T 4, Town of Estes Park, Larimer County, Colorado, December 9, 1997 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 9th day of December, 1997. Meeting called to order by Mayor Robert L. Dekker. Present: Susan L. Doylen, Mayor ProTem Trustees John Baudek George J. Hix William J. Marshall J. Donald Pauley Also Present: Richard D. Widmer, Assistant Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: jeff Barker, Trustee Mayor Dekker called the meeting to order at 7:31 p.m. PUBLIC COMMENT: Chuck Hynden, Realtor, stated that his clients have expressed serious concern on the citizen initiated growth limitation ordinance relative to their ability to develop their property in the future, and he requested clarification on how and/or if an amendment could be made to the ordinance if it passes-i.e., could these lot owners be "grandfathered", and not subject to the growth limit. Town Attorney White responded that if the ordinance passes, it becomes effective immediately. The ordinance becomes a standard ordinance of the Town and all ordinances of the Town can be amended by the Town Board. In previous research, Attorney White confirmed that he did not lind any case law stating that initiated ordinance cannot be amended by the Town Board. However, if the ordinance is passed by the people, he believes the Town Board would be hesitant to amend it (the ordinance). The initiated ordinance does not contain an amendment at this time. Attorney White reiterated that he could not confirm whether single-family dwellings could be eliminated from the ordinance as any amendment must take into consideration the vote of the people. In addition, staff confirmed that any citizen or the Town Board could propose an amendment should the ordinance pass. Patrick Cipolla, Initiated Ordinance representative, urged the Town to discuss the amendment issue with Arvada and Golden as they did have amendments. TOWN BOARD COMMENTS: Trustee Hix requested the appointment of an Advisory Committee for the rehabilitation of the Fall River Hydro Plant be added to the Agenda. Mayor Dekker approved the request, stating it would be added following Item #6. CONSENT CALENDAR: 1. Town Board Minutes dated November 25, 1997. 2. Bills. 2 Board of Trustees - December 9, 1997 - Page 2 3. Committee Minutes: A. Planning Commission, November 18, 1997 (acknowledgment only). B. Board of Adjustment, December 2, 1997 (acknowledgment only). C. Public Hearing for the Amended Plat of Lots 26 and 27, Block 9, Country Club Manor Addition, Ruth Goetzel/Applicant - Continue to January 13, 1998. It was moved and seconded (Hix/Pauley) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Liquor Licenses: A. Show Cause Hearing: Park Wheel Co., dba THE WHEEL. Trustees Doylen and Hix declared a conflict of interest and stated they would not participate in discussion nor vote. Acting upon a request from the Licensee's Attorney, Patrick Murphy, it was moved and seconded (Pauley/Marshall) the Show Cause Hearing be continued to January 27, 1998, and it passed, with Trustees Doylen and Hix Abstaining. B. Appoint Jerry Roselle as Prosecuting Attorney. As Town Attorney White declared a conflict of interest, John Frey was appointed to represent the Town. Mr. Roselle will prosecute the case. It was moved and seconded (Baudek/Pauley) jerry Roselle be appointed as Prosecuting Attorney for this case, and it passed with Trustees Doylen and Hix Abstaining. 2. Resolution #20-97 Supplementing the 1997 Budget. Finance Officer Vavra presented this Resolution affecting the Special Events Fund, and Park Entraiice Estates Construction/Debt Service Funds, reading the Resolution in full. It was moved and seconded (Hix/Marshall) Resolution #20-97 be approved, and it passed unanimously. 3. Final Plat of Lot 30. Little Prospect Mountain Subdivision. Stephen Munsinger/Applicant. Mayor Dekker opened the pubhc hearing. Sr. Planner Joseph noted that the Applicant desires to divide one lot into three lots. Use of all three new lots will be restricted to single-family residences. Staff confirmed the Town is in receipt of the Attorney's letter, that there are no exceptions to the minimum lot size being requested, and that all Planning Commission conditions have been met. There being no public comment, Mayor Dekker closed the public hearing. It was moved and seconded (Doylen/Hix) the Final Plat of Lot 30, Little Prospect Mountain Subdivision be approved, and it passed unanimously. 4. Final PIat of Prospect Highlands Subdivision, Stephen Solomon and Cynthia Curry/Ain)licant. Mayor Dekker opened the public hearing, and Sr. Planner Joseph reported that this request is to divide 66.218 acres into thirteen lots for R-S Single Family Residential use (13 building lots). Building envelopes have been identified for Lots 1-10. Lot 13 (33 acres) is restricted to construction of one single faniily residence. Outlots A and B are being reserved for future subdivision with no more than three single family lots each; alllots are being restricted to single family residential use. During Planning Commission review, a number of concerns were raised, particularly storm drainage (a drainage plan has been reviewed and accepted); potential Board of Trustees - December 9, 1997 - Page 3 . geologic hazards (a professional geologic report was prepared, in which mitigation efforts were recommended-a note has been added to the plat, and the report has also been recorded); all lots must obtain development plan .. - Â· -approval to ensure all conditionsof -plat approval-are"met; a major water line- extension is being provided with an easement; a historic foot trail easement has been executed; the homeowners documents have been reviewed by Attorney White and will be recorded with the plat; access and other Planning Commission conditions have been met; the Improvement Guarantee and Letter of Credit have been received. Trustee questions/comments were heard pertaining to: Planning Commission Condition #10 relative to erosion control, etc. (staff could not confirm whether the Public Works Dept. had received this report), slope, how future lot owners will be advised of their responsibility to comply with all rules with plat approval, open space maintenance responsibilities, building envelope limitations, drainage calculations for historic flow, analysis to determine what resulting concerns may be raised through excavation/undermining the area, annual inspections and whether the Town could be liable; and geologic hazards. Detailed questions were answered by Tom Scobel/RMC, and specific drainage and sewerline drawings were displayed. Staff confirmed that with the possible exception of Planning Commission Condition #10, all Planning Commission conditions had been met. Neighborhood concerns were expressed by Bill and Margaret Nusser, 468 Marcus Ln., Harriet and Laurence Paddock, 470 Marcus Ln., Sanford Lerner, 463 Marcus Ln., Rosemary Eide, 471 Marcus Ln., Roger Erickson, 473 Marcus Ln., and George Hockman, 1625 Prospect Estates Dr., addressing drainage, detention pond for 2 yr. and 100 yr. floods, existing landscaped pond, liability/malfeasance issues with the plan, street standards, open space, 15' setback confirmation active/inactive faults, and slope. John Phipps, representing the Prospect Mountain Homeowner's Association, expressed his appreciation to RMC, the developer and Town staff for the patience expended on this project over the two-year development process, and urged the Plat be tabled to allow the Trustees an opportunity to perform a site inspection, adding that Condition #10 had not as yet been met. His clients have requested documentation requested in Condition #10 since the first meeting held at Planning Commission and they are becoming very frustrated with the lack of information, particularly with this issue. There being no further comment, Mayor Dekker closed the public hearing. It was moved and seconded (Doylen/Marshall) the Final Plat of Prospect Highlands Subdivision be tabled to the next Town Board meeting, or whenever Condition #10 is completed, and it passed unanimously. Trustee Marshall's request that the Town Board conduct a physical appraisal and receive an on-site explanation was taken under advisement. 5. TABOR Lease Renewals for 1998 Budget Year. Staff presented the list of Leases that must be renewed on a yearly basis pursuant to TABOR, and it was moved and seconded (Hix/Pauley ) all leases contained on the TABOR Renewal List be approved, and it passed unanimously. 6. Resolution #21-97 - Designating area for Public Notices. Clerk O'Connor noted that pursuant to State Statute, passage of this Resolution is required every year, and it was moved and seconded (Hix/Doylen) Resolution #21-97 covering the designation for 1998 be approved, and it passed unanimously. Board of Trustees - December 9, 1997 -.Page 4 4 1 7. Appointment of Fall River Â· Hvdro Plant Restoration Advisorv Committee. As Chairman of the Light and Power Committee, Trustee Hix submitted the following names for appointment to said.Advisory Committee: EPURA Executive Dir. Art Anderson, Musem Director Betty Kilsdonk, Light and Power Assistant to the Director Mike Mangelsen, Gene Oja, Frank Hix, Frank Parks, and Tom Watts. Mayor Dekker would serve in an ex-oilicio capacity. It was moved and seconded (Hix/Pauley), the persons named above be appointed to the Â·Fall River Hydro Plant Restoration Advisory Committee, and it passed unanimously. This Committee will assist in obtaining a grantl and additional responsibilities were outlined by Light and Power Director Matzke. 8. Town Administrator's Report. Ass't. Administrator Widmer announced that the Town, Larimer County, and EVRPD received the Colorado Lottery's Starburst Award for the Lake Estes Trail. Public Works Director Linnane recently attended a recognition ceremony held in Steamboat Springs. Trustee Marshall reported that ads have been ,placed in the Trail Gazette advertising for a general contractor for renovation of the Senior Center. All Estes Park contractors were urged to respond. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 9:21 p.m. NOTE: The Board of Trustees will not meet again until January 13, 1998. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk . BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Light and Power Committee December 11, 1997 Committee: Chairman Hix, Trustees Baudek and Pauley Attending: All Also Attending: Town Administrator Klaphake, Assistant Administrator Widmer, Light & Power Director Matzke, and Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:00 a.m. The agenda was rearranged to accommodate citizens in the audience. FALL RIVER HYDRO PLANT HISTORIC PRESERVATION -- APPROVAL OF A CITIZENS ADVISORY COMMITTEE Administrator Klaphake explained that the Light & Power Department has requested $100,000 in the 1998 budget for the Fall River Hydro Plant Historic Preservation Project. The 1998 budget also includes $65,000 as a match for anticipated grant funds. A citizen advisory committee has been appointed to assist in the planning and grant application process. Chairman Hix announced the following were appointed by the Town Board, December 9, 1997: Mike Mangelsen, Chairman Betty Kilsdonk Art Anderson Gene Oja Mayor Dekker Frank Parks Frank Hix Tom Watts The first meeting will be scheduled in early January 1998. Museum Director Kilsdonk noted that because there are very few hydro electric plants of historic vintage in the state, it is anticipated the State Historical Fund office will be interested in this project. LONG RANGE FINANCIAL PLAN PRESENTATION Max Kiburz, M.E. Kiburz & Assoc., presented a summary of the Long Range Financial Study. The purpose of the study was to analyze the financial impact on the Light & Power Dept. of the proposed capital improvements. The financial study shows that the proposed capital improvements cannot be fully funded from revenue alone. Many variables, such as long-term debt financing, deregulation, rate increases, will affect this forecast, which can be recalculated as any of these events occur. The Committee accepted the report and directed staff to evaluate alternatives for long-term financing of capital projects as the need arises. Trustee Pauley requested a rate comparison with other Colorado municipalities. LAKE ESTES TRANSMISSION LINES - REPORT Max Kiburz also presented an assessment of alternatives to repay the cost of undergrounding the Lake Estes transmission lines estimated at $4,000,000: Repayment at 7% interest: 5 years: $975,600 10 years: $569,800 Based on charge per bill (99,543 total bills): 5 years: $9.80 10 years: $5.72 Based on charge per kWh (103,188,000 kWh): 5 years: $.0095/kWh 10 years: $.0055/kWh t 1 BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Light & Power Committee, December 11, 199/ - page Z TRANSFER PORTION OF EXISTING 6900 VOLT LINE TO TOWN - APPROVE CONTRACT WITH WESTERN AREA POWER ADMINISTRATION Director Matzke presented a proposed contract with Western Area Power Administration (WAPA) which transfers ownership of the WAPA Estes/Marys Lake 6.9kV transmission line from pole 1/6 to 1/23 and the right to utilize WAPA easements to operate and maintain the transferred transmission line. WAPA will retain the underlying easements. This will provide a loop service to Prospect Estates Subdivision which would not be available otherwise. If this contract isn't accepted, the poles and lines will be removed. The Committee recommends acceptance of this contract with WAPA. STREET LIGHTING STANDARDS AND PRACTICES Trustee Baudek expressed concern regarding " stray light" from the light fixtures used in Town. Director Matzke presented examples of the various lighting fixtures presently used, noting that the newer flat lens fixtures alleviate the stray light problem and operate at lower wattage. The flat lens fixtures are being used when current light fixtures need replacement and are required in newer subdivisions. All highway lights along Highways 34 and 7 are flat lens. Each year, $10,000 is budgeted to replace residential fixtures with the flat lens. The Committee recommends increasing the budget for yearly residential light fixture replacement, and that flat lens fixtures be purchased using the remaining 1997 budget with installation of these fixtures completed when time allows. Due to other commitments, Trustees Baudek and Pauley left the meeting. REPORTS Platte River Power Authority: No report. Director Matzke presented the Financial Reports for November. Project Updates: The improvements at the Marys Lake Substation are underway, with construction completion in mid-February 1998. Chairman Hix adjourned the meeting at 9:35 a.m. 74 ILAQ Tina Kuehl, Deputy Town Clerk i BRADFOROPUBLISH ING CO. RECORD OF PROCEEDINGS Light and Power Comull L tee January 8, 1998 Committee: Chairman Hix, Trustees Baudek and Pauley Attending: All Also Attending: Town Administrator Klaphake, Light & Power Director Matzke, All Department Heads, and Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:00 a.m. AUTOMATIC METER READING OI TEAM -- REPORT/RECOMMENDATIONS Administrator Klaphake explained that the Town has trained its staff to participate in Quality Improvement teams to study various department practices. The Automatic Meter Reading (AMR) study is being presented to the Committee in conjunction with the Department Head presentation. All Department Heads were in attendance. The Team members are: Team Leader Gary O'Connor, Lorraine McCown, Rebecca Van Deutekom, Jeff Boles, Jeff Sigler, Richard Matzke, and Facilitator Rich Widmer. Team Leader O'Connor explained that the Team was formed in March 1997 to explore the feasibility and implementation of an automatic meter reading system. The current Radix hand-held system has been in use since 1991; however, this is a foreign company that is not 2000 compatible, and upgrades are needed at a cost of approximately $17,623. After detailed study, the Team recommends the purchase of an Itron System which is also hand-held, but with the option to read meters via radio, using Encoder Receiver Transmitter (ERT) modules. This system would save approximately 40% of meter reading time, require less staff contact with hazards such as vicious dogs and icy roads, improve accuracy and timeliness of billings, and provide customer privacy. Steve Jackson, Boudreaux & Jackson CPA, prepared a cost/benefit study which recommends a payback period of up to 20 years for the purchase of this equipment. The system could be converted over a five-year period, with the first conversions in fringe areas, such as Glen Haven and south, followed by the more heavily populated areas. As this technology has increased in popularity, the cost has decreased. If this system is approved, Itron meters would be used for new electric and water services, as replacements for current meters as proposed by the five-year conversion program (at no cost to the customer), and as requested by customers (at customer cost). Trustee Pauley was concerned about the extended payback period. Meter Foreman Jerry Brumleve reminded the Committee that the Meter Readers have other responsibilities, and the Automatic Meter Reading purchase will allow the Department to continue to operate without the need to hire additional staff, which will decrease the payback period. The Team recommends the following: 1) Purchase the Itron system with radio frequency remote reading capability from Mountain States Pipe and Supply at a cost of $24,798. The 1998 budget includes $25,000 for replacement of the existing hand-held meter reading system. 2) Purchase of 192 electric meters from Hamilton Associates for $14,956 and 100 water meters and one additional Itron Read One field programming device from Mountain States Pipe and Supply for $15,593. The 1998 Light & Power Dept. budget includes purchase, of electric meters with radio frequency Encoder Receiver Transmitter (ERT) modules and the 1998 Water Dept. budget included $15,300 for purchase of water meters with ERT modules. r . BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Light & Fewer committee, January 8, 1998 - Page 2 3) Purchase of 222 Emetcom PLC (Pole Line Carrier) electric meters from Cannon Technologies at a cost of $41,070. The 1998 budget included $42,000 for the purchase of 222 Pole Line Carrier electric meters to complete installation of automated electric meters in the Glen Haven area. 4) Replacement of 3,500 electric meters where the existing meters can be read at a rate of 45 meters or less per hour. The replacement rate would be 800 meters per year for the period 1999 to 2002, at a cost of $70,000 annually. It is further recommended that water meters also be upgraded at the same time, approximating 50 meters per year at a cost of $7,200. The proposed 3,500 electric meters to be upgraded are associated with very few water services. The proposed amounts may be adjusted each year, depending on budget allocations. The Committee recommends approval of the Automatic Meter Reading Team recommendations. The Committee commended the Team for the presentation and efforts expended in analyzing this program. ELECTRIC CONNECT FEE -- UPDATE Director Matze explained that the AMR Team also recommends that all new customers be provided with remote metering capability and that this cost be added to the electric connect fees and water meter fees. Since the mid-1980's, the electric connect fee for new electric services has been $99.80, which includes the cost for an average length (125') overhead service drop, standard electric meter and socket, installation cost, and administrative cost to set up the new account. The current cost for overhead service is $240, and for underground is $140. The cost of the electric ERT meter is approximately $80.00 and the cost of the PLC meter is $185.00. It is recommended the new customer fees, to be included in the Light & Power Policy Procedure Manual, be: ERT Meter PLC Meter Overhead Service $290 $395 Underground Service $190 $295 The Committee recommends approval of the increased customer connect fees to be included-in the Light & Power Policy/Procedure Manual. REPORTS Platte River Power Authority: No report. Director Matzke presented the Financial Reports for December. Project Updates: Fifty street lights have been purchased to change out to the reduced glare lighting as prompted by customers. One voltage regulator has been installed, as part of the long-range recommendations. Chairman Hix adjourned the meeting at 9:09 a.m. -1-Le.- 144-Q Tina Kuehl, Deputy Town Clerk IRADFORD.U.LISHING.0. RECORD OF PROCEEDINGS Planning Commission December 16, 1997 Commission: Chairman Al Sager, Commissioners Harriet Burgess, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Burgess, A. Hix, Pohl and Thomas Also Attending: Trustee Liaison G. Hix, Town Attorney White, Director Stamey, Senior Planner Joseph and Secretary Botic Absent: Commissioners Brown and Gilfillan Chairman Sager called the meeting to order at 1:30 p.m. 1. CONSEZ~_1--131 1.a. Minutea of the November 18, 1997 meeting were approved as presented. 1.b. It was movp,-1 â€¢nrl â€¢pronded (A Hix/Thomas) Special Review 97-03, Lots 5 and 6, DeVilla R,â€¢h,livision be continued to the January 20, 1998 meeting, and it passed unanimously. 1.c. Tr was moved and sâ€¢conded (A. Hix/Thomas) Amended Development Plan 95-02, Tract 4, Beaver Point Addition, 550 Moraine Avenue. RiverRock Homes be continued to the January 20, 1998 meeting, and it passed unanimously. 2. SPECIAL REVIEW 2.a. Special Review 97-04, StrpetÂ·â€¢ of EAtes Park. Shayne rarr*r' dba Paradise Carriage/Applicant. This request is for horse-drawn carriage rides for the public on the streets of Estes Park. Senior Planner Joseph reviewed the request, recommending approval with conditions. Police Chief Randy Repola stated he has spoken with the Applicant's representative and some issues have been resolved. Neither the Applicant or his representative were in attendance. Commissioners would like Applicant's description of the operation, frequency, how the operation will work, and location of staging area. It was moved and seconded (Burgess/A. Hix) Special Review 94-04, Streets of Estes Park, be continued to the January 20, 1998 meeting to allow the Applicant and/or his representative to be present and to give information and to answer Commissioner' s questions, and it passed unanimously. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - December 16, 1997 Page 2 2.b. sp.cial Review 97-01, Blockn 1-4, Amended PlAI- af Thirteenth_Fairway-_Subdixision._Bradie_Axenue_and-Cr-runity Drive._Rainbow _Lake_Inlaatments._LLC/Applicant. This is a proposal to reduce the total dwelling units from 53 to 45. Paul Kochevar, Applicant's representative, explained that approval was given for this project in January 1997, and at this time the Applicant wishes to reconfigure the unit layout into primarily two-family buildings; Applicant will comply with Staff recommendations. There were no audience comments. Commissioner Pohl questioned the removal of the traffic calmer at the NW corner and Senior Planner Joseph, Director Stamey, and Mr. Kochevar responded (this was removed prior to Planning Commission approval). It was moved and seconded (Thomas/Burgess) Special Review 97-01, Blocks 1-4, Amended Plat Of Thirteenth Fairway Subdivision, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. â€¢ Prior to the next building permit, all abandoned stub- outs shall be disconnected at the water main. â€¢ Water main, stub-outs, valve location as-built drawings shall be provided, including irrigation backflow devices and sizes. 3. nmnKLOPMan_PLAN 3.a. Amendad Development Plan 97-07, Lot 28, Replat of Lota 1 & 2- Block 3. Fall 121 ver Râ€¢*-Ateâ€¢, 700' north of Fall River Court on Fall River Road, Doug and Linda Cook/Appl 4 râ€¢Ant= This proposal includes the following modifications: 1) adjusting building locations, 2) downsizing the home/office and 3) dividing 16 moteli units into 2 triplex buildings and 5 duplex buildings. ' Applicant' s representative, Paul Kochevar, explained the request and described the proposed units stating all staff comments will be accomplished. Since the Statement of Intent was submitted a lien has been encumbered. Senior Planner Joseph reviewed the staff report recommending approval with four conditions. There were no audience comments. It was moved and seconded (A. Hix/Burgess) Development Plan 97-07, Lot 2B, Replat of Lots 1 & 2, Block 3, Fall River Estates, be approved with the following conditions, and it passed unanimously. â€¢ The location of the units which contain full kitchens shall be noted on the plan. â€¢ The Engineer's information block shall be revised to identify a revision date. â€¢ The plan sheet titled shall be revised to read: "Amended Development Plan". â€¢ The following previous conditions of approval remain in effect: 1. Provide and record a shared access easement. 2. Provide a maintenance agreement. 3. Provide a new easement for the relocation of the sanitary sewer. 'Im,1,4 BRADFOROPUILISHING CO. RECORD OF PROCEEDINGS Planning Commission - December lb, 1,9/ Page 3 4. SUBDIVISIONS 4.a. Amended Platr Lots 1 & 2, Schuster Subdivision._Davis Strent, north of Moraine Avenue. Robert Sunderlund/Applicant. This is a proposal to combine two lots into one lot. Applicant's representative, Paul Kochevar, explained the approval of this request would allow the Applicant to proceed with plans to construct a garage. Applicant is willing to comply with staff recommendations. Chairman Sager expressed appreciation for field staking for this request. Senior Planner Joseph reviewed the staff report, recommending approval with conditions. There were no audience comments. It was moved and seconded (Thomas/A. Hix) Amended Plat, Lots 1 and 2, Schuster Subdivision, be approved with the following conditions, and it passed unanimously. The dedication statement shall be modified to read "drainage facilities". The Lot lA label shall be enlarged in bold. The original lot line label shall be revised to read "former lot line". The former lots one and two shall be noted. The bearing basis shall be noted. 4-b- Amended Plat. Plat of a Portion of the SW W Section 25. T51;, R73W of the Sth P.M. and T.ntn 4, 5 And â€¢ Portion of Lot 3._9igh Pine= Subdivision, 401 124-Arâ€¢Â·Irle nrlvâ€¢r John H. and Marcia A._Henry/A_ _ licants. This is a proposal for a lot line adjustment next to the proposed garage so the garage will conform to the required building setback. This Plat also eliminates two existing lines on the new Lot 5A. Bill Van Horn, Applicant's representative, explained the history and proposal, requesting consideration to retain the trees located in the right-of-way. Mr. Joseph explained there is a need to obtain addition Public right-of-way for Riverside Drive along the length of this property. Staff met with Bill Van Horn to discuss this and have received a revised Plat which dedicates additional right-of-way as required to provide a minimum 10' of right-of-way width from the existing edge of pavement. The revised Plat also eliminates the lot line across the pond. Attorney White advised approval with conditions. There were no audience comments. It was moved and seconded (A. Hix/Thomas) Amended Plat of a Portion of the SW % of Section 25, T5N, R73W of the 6th P.M. and Lots 4, 5 and a Portion of Lot 3, High Pines Subdivision, 401 Riverside Drive, be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously. â€¢ Amend the dedication statement to remove Public right-of- way. â€¢ Dedicate Public right-of-way in a separate document with conditions. â€¢ Dedication Statement shall accompany Amended Plat when presented at Town Board. ... Vâ€¢iâ€¢1 I , e~ADFOROPUeLISHINGCO. RECORD OF PROCEEDINGS Planuluy Cum.ulasiuu - D.ve=be. 16. 1997 Page 4 5. DISCUSSION ITEM ONLY Width _of_Buildings_in -Downtawn_Cammercial-_District - referred by_Town_Boardâ€žon_November.15*__1991. Senior Planner Joseph read from the Town Board Minutes, Attorney White has prepared a proposed Ordinance (minimum width of 25' from interior wall to interior wall, to be maintained through the width of the building). This will be advertised for a Public Hearing to be held on January 20, 1998. Senior Planner Joseph will prepare a report/inventory for the next meeting. Bill Van Horn expressed his support for establishing a standard and threshold. Commissioners and Trustee G. Hix expressed their support to develop standards and regulations which will improve the downtown situation. 6. RERORTS None 1. ADJOUEN There being no further business, Chairman Sager adjourned the meeting at 2:38 p.m. Â«*ILL, C*.430621 Roxanne S. Botic, Recording Secretary ' BRAOFORD ROUSING Co. RECORD OF PROCEEDINGS Community Development Committee January 6, 1998 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Trustee Hix, Directors Stamey, Kilsdonk and Hinze, Advertising Manager Marsh, Conference Center Director Pickering, Clerk O'Connor Absent: Town Administrator Klaphake Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. Copy Machine Lease. Staff presented a standard 3-yr. lease agreement in the amount of $384.11/mo. with Minolta Business Systems for a Model EP-4000 Copy Machine. The Committee recommends approval of the Lease Agreement with Minolta as presented. 1997 Advertising Report. Manager Marsh reported that as of November 30, 1997, overall requests for Visitors Guides were even for the same period in 1996 (67,481 v. 67,366); the 800-line calls for the same period appear to be down 8%; and the Virtual Visitors Guide as of December 31, 1997 was accessed 79,678 times during the year. 1997 Year-end results will be presented in the near future. The February Insert is in production and it will highlight Valentine's Day/President's Day Weekend-it will be published 2/8/98; National Trails Day will be highlighted the following weekend. The first quarter television schedule on Channel 4 will begin January 14% and run through March 22nd. The Denver newspaper schedule in the Denver Post and Rocky Mountain News begin January 9th. RRC has completed the second mailing of the Conversion Study surveys, and compilation of the data from the first set of surveys has been completed. Staff anticipates completion of this project in 3-5 weeks. Conference Center Report, Director Pickering reported on the Center's 1997 facility upgrades that have been completed, and reviewed the 1998 facility projects to be completed which vary from completion of art hanging hardware, painting, to re- upholstery. The Holiday Inn received the Quality of Excellence Award from the Holiday Inn Corporation. The award is based on customer surveys, and Estes Park's Holiday Inn exceeded expectations. The Committee commended Holiday Inn. Director Pickering was elected as Secretary/Treasurer for the Destination Marketing Group. This group, established following the demise of the State Tourism Board, includes such cities as I . BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - January 7, 1998 - Page 2 Vail, Snowmass, and promotes cooperative ventures/partnerships. Members are realizing extremely beneficial marketing promotions. The 1997 year-end report will be presented when available. Discussion followed on peak-loading for parking spaces relative to the adjacent medical clinic; staff confirmed that special attention (designation/signage) is given to the clinic spaces during high conference use. Estes Valley Planning Commission - Report. Director Stamey reported that the Commission's organizational meeting is scheduled January 8th at 3: 30 p.m. The agenda was reviewed, and State Representative Bill Kaufman will be attending. The Town Board was encouraged to attend the meeting as well. MUSEUM. Director Kilsdonk reviewed the top ten accomplishments for 1997: Tracts in Time Exhibit renovation Conservation Project Support Grant of $38,104 History Camp The Prints of Lyman Byxbe Exhibit Painting/refurbishing of the Park Headquarters Building American Assn. State/Local History/CWAM Pre-conference Tour Aller-Lingle Architects Feasibility Study The Four Women Homesteaders Exhibit Imaging the West: Photographs of John Fielder Show Bear, trout and waterfall bench installation Upcoming events include: "Byx Days", January 30 & 31 - two free days marking the opening of an exhibit in the main gallery of locally-owned Byxbe prints. The Committee reviewed November and December statistics on Museum Attendance, and Friends Membership. This year's focus was on exhibit renovation. Mrs. Dudley Smith again donated a cash value of $2,500 (stock certificate) to the Friends, and this funding will be used for exhibits. A $5,000 grant also received from the El Pomar Foundation. SPECIAL EVENTS. The Committee reviewed the 1997 Christmas Parade Critique. The event held its ninth parade November 28th and staff was pleased with attendance. Drivers, volunteers and the Police Dept. were commended for their efforts. Attendance was estimated at 27,000 spectators. A critique on the Celebrate Estes Weekend held in December will be submitted following a meeting/survey of the downtown merchants. M.O.U. Amendment. Rooftop Rodeo Committee President Jo Adams reported that the Rooftop Committee is requesting the stipulation for support event(s) which is currently allowed only during Rodeo week, be deleted to allow any support event to take BRADFORDAJOLISHINGCO. RECORD OF PROCEEDINGS Community Development Committee - January 7, 1998 - Page 3 place during the year. An Amendment to the Memorandum of Understanding between the Town, Rooftop Rodeo Committee and Top Hands Organization, Inc. was presented as follows: "Whereas, the parties desire to enter into this Memorandum of understanding to formalize a working relationship between the parties with regard to the organization, support and direction of support events only during the weck of Rooftop Redee." and "Whereas, the parties desire that Top Hands assume the responsibility of finances only for the support events during the Rooftop Rodeo, but not to include rodeo, rodeo dances, parade or gymkhana. Top Hands will assume no role in the decisions concerning what support events during the Rooftop Rodco to provide or when the events will occur." The Committee recommends approval of the Amendment as presented. Upcoming Events. Staff noted that negotiations are underway with Ride the Rockies for a bicycle tour that includes Estes Park June 21st. Approximately 2,500-3,000 participants are expected. Director Hinze is the event coordinator with CRA support. There being no further business, Chairman Doylen adjourned the meeting at 8:45 a.m. TickÂ» O -O 04-412 Vickie O'Connor, CMC/AAE, Town Clerk .. "t-6 4 1;- , 4.. . Â·-9 Â·Â· I ' 90Â·' i ... r. lilI .I. . ..." 4 *, . 11 . # 64~Â·1, . I ''I 4.Â« 1 . . .h .47% 1 ' . I ... . . .Â£'. - * ~-4 0 ' t.. 1 .. i .P-f.k 17- 0 ./ 0,1. Â· Â·Â· I i I + f -' , i ...~ 4' , Â· ./. f 1 *' 12 I All el . lilli 2 ././. 'I''I. .' S .... . .: I. 1:91. ... ': 14.V. .. - I ....4 . Â·1- ~*r#-*MUAL),3 I =CIEW.J.9.-2,1 . I ' : ' ' '*4 -ar-Â· T.24 - 2' ' 40 j . m e. -1, 4.: i 'V, . - 1 .4-1 ./ - - -1 ' 4 ' '0 . 91' , 96â‚¬t . 1- - - 9 , . 1 Â· k 1, 'â€¢1- 5 4 - It r Â· I. 1 , I Â¥â‚¬. I 4 34 -' te*L , 4%4~pl < #723,4-. C,mi/:@+ Â·=~i~'f~9 . Â· Â£11, #..paid,h .=â€¢D-,6 ESTES PARK VOLUNTEER FIRE DEPARTMENT 1997 ELECTION, TRAINING AND RUN REPORTS f FLift&10. t ,wÂ·'Â·Â»N@-, ESTES PARK FIRE DEPARTMENT (Volunteer) Estes Park, Colorado 80517 January 8, 1998 Town Board of Trustees Estes Park, Colorado The election results from our business meeting on December 2, 1997 are as follows. Chief Scott Dorman ls.~ Assistant Chief Ed Ford 2nd Assistant Chief Daryl McCown Secretary Jon Landkamer Treasurer Doug Deats We respectfully ask your approval of these officers for 1998. Sincerely, q-Â«-LJ- Scptt Dorman Cliff Estes Park Volunteer Fire Department . 1997 TRAINING REPORT January 8,1998 Town Board of Trustees Estes Park, Colorado Training hours for 31 full time volunteers during 1997 totaled 1302 hours, resulting in an average of 42 hours per volunteer. Training in 1997 included the following. Fire behavior Fire extinguishers - Incident command system Personal protective equipment Car fires Extrication Ventilation Fire streams Fire hose Water supply Salvage and overhaul CPR Dive rescue EMT Ice rescue Hazardous material Wildland fire Rescue Respect~ly sub~Yed, Scott Dorman, Chief Estes Park Volunteer Fire Department 888 ~ 88 9 12 S C) op...W* *NO,61.0,0 N.02* N M 10 0 49 & M i 1 0- 0 3 n h . 0 0 8 C 2 0 7 0 U) i % /05 2- M.5g El * 2,4- Am UILL 1 5 E ~ R & M Count Man Hours in City limits outside City limits Dollars lost 353.5 $355,500.00 00.004':$ 162.0 105.0 117.0 9922 1997 Run Report Tally Grass and forest Motor vehicle accidents 1997 CALLS BY TYPE Structures Gfass and forest *4<4411> ,.1-1/Li Ii:~0;1.11.2, 1., . U . 4 Y'?4. lit:11\ A lat i l ' 73 / M L ~L ' ;ll, J Motor vehicle accidents .1 1 11,11 1- 1.11, . Â»771 171 9. 1%11.:-L I ::3~ :A.I~RA:9&-,$.&56Â£413~2 / :1 â‚¬ y Dive Team 1 jÂ·*2 ENIT assists Ch'WO~t-4lk*-0--1 ' -~ ~ False alarms Other includes: fires not involving the structure, dumpster or trash fires, rescues, CO detectors, ect. flfeu - -egÂ·e.â€žHY~M--~t~-'.~~*44-TA"4.4.4.i.â‚¬tiÂ»Â»2Â«5=Â·-.6,~1/6/"//564-04/-:-Â·-Â·'.Â·- --->. Â· Â· Â·Â· Â· ~y,4- S 2542 .-0 22 g E 44:. - [F - -. 1*17- â€¢1%.r m- Â· 0.19,â€¢irÂ·-1 Â·rÂ·,.:...,.|47 -T -r.Â·r Â·1~ p~~ 8 .*..4 O 0 0 0 0 M N p 911Â¥0 30 h,38,yON BRADFOROPUBLISHIN/CO. RECORD OF PROCEEDINGS Llyhl- and Puwei Cuuuall.Lee January 8, 1998 Committee: Chairman Hix, Trustees Baudek and Pauley Attending: All Also Attending: Town Administrator Klaphake, Light & Power Director Matzke, All Department Heads, and Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:00 a.m. AUTOMATIC METER READING OI TEAM -- REPORT/RECOMMENDATIONS Administrator Klaphake explained that the Town has trained its staff to participate in Quality Improvement teams to study various department practices. The Automatic Meter Reading (AMR) study is being presented to the Committee in conjunction with the Department Head presentation. All Department Heads were in attendance. The Team members are: Team Leader Gary O'Connor, Lorraine McCown, Rebecca Van Deutekom, Jeff Boles, Jeff Sigler, Richard Matzke, and Facilitator Rich Widmer. Team Leader O'Connor explained that the Team was formed in March 1997 to explore the feasibility and implementation of an automatic meter reading system. The current Radix hand-held system has been in use since 1991; however, this is a foreign company that is not 2000 compatible, and upgrades are needed at a cost of approximately $17,623. After detailed study, the Team recommends the purchase of an Itron System which is also hand-held, but with the option to read meters via radio, using Encoder Receiver Transmitter (ERT) modules. This system would save approximately 40% of meter reading time, require less staff contact with hazards such as vicious dogs and icy roads, improve accuracy and timeliness of billings, and provide customer privacy. Steve Jackson, Boudreaux & Jackson CPA, prepared a cost/benefit study which recommends a payback period of up to 20 years for the purchase of this equipment. The system could be converted over a five-year period, with the first conversions in fringe areas, such as Glen Haven and south, followed by the more heavily populated areas. As this technology has increased in popularity, the cost has decreased. If this system is approved, Itron meters would be used for new electric and water services, as replacements for current meters as proposed by the five-year conversion program (at no cost to the customer), and as requested by customers (at customer cost). Trustee Pauley was concerned about the extended payback period. Meter Foreman Jerry Brumleve reminded the Committee that the Meter Readers have other responsibilities, and the Automatic Meter Reading purchase will allow the Department to continue to operate without the need to hire additional staff, which will decrease the payback period. The Team recommends the following: 1) Purchase the Itron system with radio frequency remote reading capability from Mountain States Pipe and Supply at a cost of $24,798. The 1998 budget includes $25,000 for replacement of the existing hand-held meter reading system. 2) Purchase of 192 electric meters from Hamilton Associates for $14,956 and 100 water meters and one additional Itron Read One field programming device from Mountain States Pipe and Supply for $15,593. The 1998 Light & Power Dept. budget includes purchase of electric meters with radio frequency Encoder Receiver' Transmitter (ERT) modules and the 1998 Water Dept. budget included $15,300 for purchase of water meters with ERT modules. BRADFORD PWILISHING CO. RECORD OF PROCEEDINGS Lighc & Power committee, January 8, 1998 - Page 2 3) Purchase of 222 Emetcom PLC (Pole Line Carrier) electric meters from Cannon Technologies at a cost of $41,070. The 1998 budget included $42,000 for the purchase of 222 Pole Line Carrier electric meters to complete installation of automated electric meters in the Glen Haven area. 4) Replacement of 3,500 electric meters where the existing meters can be read at a rate of 45 meters or less per hour. The replacement rate would be 800 meters per year for the period 1999 to 2002, at a cost of $70,000 annually. It is further recommended that water meters also be upgraded at the same time, approximating 50 meters per year at a cost of $7,200. The proposed 3,500 electric meters to be upgraded are associated with very few water services. The proposed amounts may be adjusted each year, depending on budget allocations. The Committee recommends approval of the Automatic Meter Reading Team recommendations. The Committee commended the Team for the presentation and efforts expended in analyzing this program. ELECTRIC CONNECT FEE -- UPDATE Director Matze explained that the AMR Team also recommends that all new customers be provided with remote metering capability and that this cost be added to the electric connect fees and water meter fees. Since the mid-1980's, the electric connect fee for new electric services has been $99.80, which includes the cost for an average length (125') overhead service drop, standard electric meter and socket, installation cost, and administrative cost to set up the new account. The current cost for overhead service is $240, and for underground is $140. The cost of the electric ERT meter is approximately $80.00 and the cost of the PLC meter is $185.00. It is recommended the new customer fees, to be included in the Light & Power Policy Procedure Manual, be: ERT Meter PLC Meter Overhead Service $290 $395 Underground Service $190 $295 The Committee recommends approval of the increased customer connect fees to be included -in the Light & Power Policy/Procedure Manual. ------- aRADFOMOPUGLISHINGCO. RECORD OF PROCEEDINGS Community Development Committee January 6, 1998 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Trustee Hix, Directors Stamey, Kilsdonk and Hinze, Advertising Manager Marsh, Conference Center Director Pickering, Clerk O'Connor Absent: Town Administrator Klaphake Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. Copy Machine Lease. Staff presented a standard 3-yr. lease agreement in the amount of $384.11/mo. with Minolta Business Systems for a Model EP-4000 Copy Machine. The Committee recommends approval of the Lease Agreement with Minolta as presented. BRADFORD/JILISHINGCO RECORD OF PROCEEDINGS Community Development Committee - January 7, 1998 - Page 2 M.O.U. Amendment. Rooftop Rodeo Committee President Jo Adams reported that the Rooftop Committee is requesting the stipulation for support event(s) which is currently allowed only during Rodeo week, be deleted to allow any support event to take place during the year. An Amendment to the Memorandum of Understanding between the Town, Rooftop Rodeo Committee and Top Hands Organization, Inc. was presented as follows: "Whereas, the parties desire to enter into this Memorandum of understanding to formalize a working relationship between the parties with regard to the organization, support and direction of support events only during the week of nooftop Redee." and "Whereas, the parties desire that Top Hands assume the responsibility of finances only for the support events during the Rooftop Rodeo, but not to include rodeo, rodeo dances, parade or gymkhana. Top Hands will assume no role in the decisions concerning what support events during the nooftop Rodco to provide or when the events will occur." The Committee recommends approval of the Amendment as presented. Board of Trustees - December 9, 1997 - Page 2 4. Final Plat of Prospect Highlands Subdivision, Stephen Solomon and Cynthia Curry/Applicant. Mayor Dekker opened the public hearing, and Sr. Planner Joseph reported that this request is to divide 66.218 acres into thirteen lots for R-S Single Family Residential use (13 building lots). Building envelopes have been identified for Lots 1-10. Lot 13 (33 acres) is restricted to construction of one single family residence. Outlots A and B are being reserved for future subdivision with no more than three single family lots each; all lots are being restricted to single family residential use. During Planning Commission review, a number of concerns were raised, particularly storm drainage (a drainage plan has been reviewed and accepted); potential geologic hazards (a professional geologic report was prepared, in which mitigation efforts were recommended-a note has been added to the plat, and the report has also been recorded); all lots must obtain development plan approval to ensure all conditions of plat approval are met; a major water line extension is being provided with an easement; a historic foot trail easement has been executed; the homeowners documents have been reviewed by Attorney White and will be recorded with the plat; access and other Planning Commission conditions have been met; the Improvement Guarantee and Letter of Credit have been received. Trustee questions/comments were heard pertaining to: Planning Commission Condition #10 relative to erosion control, etc. (staff could not confrm whether the Public Works Dept. had received this report), slope, how future lot owners will be advised of their responsibility to comply with all rules with plat approval, open space maintenance responsibilities, building envelope limitations, drainage calculations for historic flow, analysis to determine what resulting concerns may be raised through excavation/undermining the area, annual inspections and whether the Town could be liable; and geologic hazards. Detailed questions were answered by Tom Scobel/RMC, and specific drainage and sewerline drawings were displayed. Staff confirmed that with the possible exception of Planning Commission Condition #10, all Planning Commission conditions had been met. Neighborhood concerns were expressed by Bill and Margaret Nusser, 468 Marcus Ln., Harriet and Laurence Paddock, 470 Marcus Ln., Sanford Lerner, 463 Marcus Ln., Rosemary Eide, 471 Marcus Ln., Roger Erickson, 473 Marcus Ln., and George Hockman, 1625 Prospect Estates Dr., addressing drainage, detention pond for 2 yr. and 100 yr. floods, existing landscaped pond, liability/malfeasance issues with the plan, street standards- open space, 15' setback confirmation active/inactive faults, and slope. ' John Phipps, representing the Prospect Mountain Homeowner's Association, expressed his appreciation to RMC, the developer and Town staff for the patience expended on this project over the two-year development process, and urged the Plat be tabled to allow the Trustees an opportunity to perform a site inspection, adding that Condition #10 had not as yet been met. His clients have requested documentation requested in Condition #10 since the first meeting held at Planning Commission and they are becoming very frustrated with the lack of information, particularly with this issue. There being no further comment, Mayor Dekker closed the public hearing. It was moved and seconded (Doylen/Marshall) the Final Plat of Prospect Highlands Subdivision be tabled to the next Town Board meeting, or whenever Condition #10 is completed, and it passed unanimously. Trustee Marshall's request that the Town Board conduct a physical appraisal and receive an on-site explanation was taken under advisement. PROPOSED n i . . I '. I /Cl -1.Â·521Â·~I.~-J A 9 DEVELOPMENT\, 01Â· 6 1- .. SITE Z : 27~~75:~6~ 7 ....... .. . I . I I . I. 1 3-\ .. 1. 1 0 0 : ' #050.36 1. h. - . .. S D. . f nÂ¥.4 . . . . . ....1 S .........4 8 .0,7,0. 1 . I ....... - . 1 Â·Â· 1 Â·Â· ty~g .7,1 . J â€ž I -4 I. . ... ..0 1 t. 0 . 0 . 2." 4 1. 1 1 . .. -... , I . ./4. . :I: I FEEN , I - I . .... .. .. 11 1. .... I " . . . , , / 1 1,1,11 " . . 4. .1, .1.1.119 .... 5 -1: -1 -1 . 4 ... . 4 0. r r -1- :-Â· , I . '1 - .. . I 1 . . -' r 'I . . lilli I . 1 0 - .. . /1 D - 1 /1 , 4, , -4 1 --7---4 1 0 ..4 ... d VICINITY MAP SCALE I " = 1200 IMAOFORD PUaLISHING CO. RECORD OF PROCEEDINGS Planning Commission - December 16, 1997 Page 2 2.b. Sperial Review 97-01, Blockg 1-4. Amen fled Plat Of Thirt-pant-h FAirway Ri,hdivigion. Brodip Avenile wnel rnÂ·rrm,lint ty Drive*_Rainbow Lake Tnveâ€¢*-ment-q. LLC/Arrllemnt This is a proposal to reduce the total dwelling units from 53 to 45. Paul Kochevar, Applicant's representative, explained that approval was given for this project in January 1997, and at this time the Applicant wishes to reconfigure the unit layout into primarily two-family buildings; Applicant will comply with Staff recorrmendations. There were no audience comments. Commissioner Pohl questioned the removal of the traffic calmer at the NW corner and Senior Planner Joseph, Director Stamey, and Mr. Kochevar responded (this was removed prior to Planning Commission approval). It was moved and seconded (Thomas/Burgess) Special Review 97-01, Blocks 1-4, Amended Plat Of Thirteenth Fairway Subdivision, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. â€¢ Prior to the next building permit, all abandoned stub- outs shall be disconnected at the water main. â€¢ Water main, stub-outs, valve location as-built drawings shall be provided, including irrigation backflow devices and sizes. ~ LAKE ESTES No 5-6--r--FL I. 9-. -- - i 93'f -- 1 -14\ / -3, 1 11\ / --- 3 -4~ - li STANLEY 14 PARK ~\ ADD , 0 " ; 11.' t \ L J - MANFORD AVE. SCHOOL /Plf= ,// GRAVEE AVE. -- JR. HIGIf { - BROCNE AVE- 11 -132-1- t--- 9/4 ~ ~ GOLF , |FAIRWAW I>ekbit .A~ f 1 TAIN-1 fGT,Ph r~ex Â·XXA <sqn~AlMVAA ~'~5 VICINITY MAF 1 1 VILLAS _h- -" ~%~~SES:3 J./r NOT TO SCALE ST E '~ A fl 30 29 f/ ~ -4.- .1 4 -I- l GOLF COURSE 31 32 1~ ~ l 11 0 60.â€¢u~Ty '1â€¢1'Al â€¢â€¢AD,OROPUBL,â€¢â€¢14leo RECORD OF PROCEEDINGS Planning Commission - December 16, 19 9/ Page 3 4. SUBDIMISIONS 4.a. Amenderl Plat, Lots 1 & 1._Schuster Subdiyision._Davis Street, north o f MnÂ·rA Â·Ine Avenue -Raherk_-SunderlundlApplicant. This is a proposal to combine two lots into one lot. Applicant's representative, Paul Kochevar, explained the approval of this request would allow the Applicant to proceed with plans to construct a garage. Applicant is willing to comply with staff recommendations. Chairman Sager expressed appreciation for field staking for this request. Senior Planner Joseph reviewed the staff report, recommending approval with conditions. There were no audience comments. It was moved and seconded (Thomas/A. Hix) Amended Plat, Lots 1 and 2, Schuster Subdivision, be approved with the following conditions, and it passed unanimously. The dedication statement shall be modified to read "drainage facilities". The Lot lA label shall be enlarged in bold. The original lot line label shall be revised to read "former lot line". The former lots one and two shall be noted. The bearing basis shall be noted. e . ... . li W , Z i /1,1 1 1 1-los : Ui of / / BUENNA D 1 ~ fiu ~,/ RIVERSIDE | SITE VISTA Â¤ H O TW 0,4 SUB ; TERRACE '- *r DAVIS~ 5 ~ 1 '1 0 J 2 0 lu io Z il THESS 291,//1 1 /7 01~ _-_dsum- 147 4 1 -, ED Cl 3- --2, 1 1 1 ...1/6% -n0 -- 5 46- 2-z I~~&11-* #*p1 --\ 4 r 241 1/ f 79 /7 i (- ~ /-97 I CRAGS ADD, \ 41/... Â¢ l VICINITY MAP N.T.S. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.52.020 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, REGARDING THE SALARY OF THE JUDGE OF THE MUNICIPAL COURT BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Section 2.52.020 of the Municipal Code is amended to read as follows: The Municipal Judge shall receive as compensation for his/her services an annual salary of Fourteen Thousand, eighty dollars ($14,080.00); the Assistant Municipal Judge shall receive as compensation for his/her services an annual salary of Eight hundred dollars ($800.00); provided that any Municipal Judge who serves for only a part of the year shall receive for his/her compensation only a pro rata portion of the foregoing annual salary based upon the number of days he/she actually serves as a Municipal Judge or Assistant Municipal Judge. Section 2. This ordinance is hereby declared effective with the pay period beginning February 22, 1998. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1998. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1997, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1998. Town Clerk SENT BY: GREGORY A WHITE B; 1- 8-98 12:59PM ; 97066725279 970 586 2816;â€¢ 1 .. ORDINANCE NO. AN ORDINANCE GRANTING A CONSERVATION EASEMENT TO THE ESTES VALLEY LAND TRUST WI[EREAS, on December 23, 1997 the Estes Valley Land Trust, a Colorado non- profit corporation, by Special Warranty Deed deeded the following described real property to the Town of Estes Park, to-wit: TRACT A, THE RESERVE, FIRST FILING, located in the East Half of Section 19, Township 5 North, Range 72 West of the 6~h PM., WHEREAS, the Town desires to deed a Conservation Easement to the Estes Valley Land Trust for purposes ofpreserving the open space, scenic, wildlife, and other aesthetic and ecological values of the property; and WHEREAS, the Town accepted the property from the Estes Valley Land Trust under the understanding that the Town would grant a Conservation Easement to the Estes Valley Land Trust for the preservation ofthe property as natural open space. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board ofTrustees ofthe Town of Estes Park, hereby approves the granting of a Deed of Conservation Easement to the Estes Valley Land Trust as the same is set forth on Exhibit A attached hereto and incorporated herein by reference. Section 2: The appropriate officials ofthe Town ofEstes Park are hereby authorized to execute the Deed of Conservation Easement. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF -4 1998. TOWN OF ESTES PARK By: Mayor e. DEED OF CONSERVATION EASEMENT This DEED OF CONSERVATION EASEMENT is made this day of , 1997 by TOWN OF ESTES PARK, a Colorado municipal corporation (hereinafter referred to as "Grantor'I) to ESTES VALLEY LAND TRUST, a Colorado nonprofit corporation having an address at P.O. Box 663, Estes Park, Colorado 80517 (hereinafter referred to as "Grantee") . RECITALS: A. Grantor is the owner in fee simple of the certain real property situate in Larimer County, Colorado described in Exhibit A attached hereto and made a part hereof (the "Property") . B. The Property possesses significant open space, scenic, wildlife and plant habitat and other aesthetic and ecological values (the "Conservation Values") of great importance to Grantor, the people of Larimer County and the people of the State of Colorado. C. The current features and status of the Property, its specific characteristics giving it the Conservation Values, a biological survey of the Property, photographs and a description of current uses of the Property (the "Baseline Documentation"), which have been prepared at the request of Grantor with the cooperation of the Grantee, are contained in a file in the possession of Grantee and incorporated herein by this reference. The parties agree that the Baseline Documentation provides an accurate representation of the Property as of the date hereof and is intended to serve as an objective information baseline for purposes of monitoring and enforcing compliance with the terms of this instrument. It is not.intended, however, to preclude the use of other evidence of the present condition of the Property. D. Grantor intends, as owner of the Property, to convey to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity. E. Grantee is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") ; has been classified as a publicly supported charity under Sections 509(a) (1) and 170(b) (1) (a) (vi) of the Code; is an eligible recipient of conservation easements under Colorado Revised Statutes Secs. 38-30.5-104(2 ), et seq.; and has as its primary purpose the preservation and conservation of natural areas for scenic, open space, aesthetic and ecological purposes. . ,. F. Grantee agrees by accepting this grant to honor the intentions of the Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the Property. NOW, THEREFORE, in consideration of the premises and of the mutual covenants, terms and conditions herein contained, Grantor hereby voluntarily grants and conveys to Grantee, and Grantee hereby voluntarily accepts, a perpetual conservation easement in gross (an immediately vested interest in real property defined by Colorado Revised Statutes Sees. 38-30.5-101, al seq.) over the Property, of the nature and character and to the extent hereinafter set forth (the "Conservation Easement") . 1. PURPOSE. The purpose of this Conservation Easement is to preserve the Property as a scenic, open corridor for wildlife habitat, grazing and migration and to otherwise preserve and protect in perpetuity the Conserva- tion Values of the Property. Grantor intends that this Conservation Easement will confine the use of the Property to activities consistent with such purpose. 2. RIGHTS OF GRANTEE. To accomplish the purpose of this Conservation Easement the following rights are conveyed to Grantee by this Deed: (a) To preserve and protect the Conservation Values of the Property; (b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Conservation Easement; and (C) To enjoin any activity on or use of the Property that is inconsistent with the purpose of this Conservation Easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. BRQHIBITED_ILSES.. Any activity on or use of the Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: (a) Public Access and Recreational Activities; Animal Control; Fires. Public access to the Property shall not be permitted and Grantor shall have the right and obligation to exclude members of the public from trespassing Page 2 I I . __. ..__..._...on the. Property. ..Without limiting the_generality of --the -- - foregoing, hunting, trapping, hiking, horseback riding, cross-country skiing, bicycling, camping, picnicking, game playing and other individual and group recreational activities are prohibited. Grantor shall not knowingly permit any domesticated animals to go or remain on the Property. Grantor shall not allow fires to be set on the Property and Grantor shall make a reasonable effort to suppress any fires that may occur on the Property. (b) Construction of Buildings and Other Structures; Construction of Roadways and Trails. The construction or reconstruction of any buildings, camping accommodations, mobile homes, or other structure or improvement is prohibited. Grantor shall not construct roads or trails on the Property. (c) SlibdiMisivn. Any division or subdivision of title to the Property, whether by physical or legal process, is prohibited. (d) Timber Harvesting. Trees and plants may be. cut only to control insects and disease, to control invasive non-native species, to clear for fire control, and to prevent serious risk of personal injury and property damage. (e) Excavating and Mining. Filling, excavating, dredging, grading, mining, quarrying, drilling or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance is prohibited. (f) Dumping, Changes in Natural Topography. The dumping or uncontained accumulation of any kind of trash, garbage, refuse, industrial waste, toxic and hazardous material, other organic or inorganic waste, or other unsightly or offensive materials on the Property is prohibited. Changing the topography of the land through the placement on the Property of soil or other substance or material, such as land fill or dredging spoils is also prohibited. (g) Commercial or Industrial Activity. NO commercial or industrial uses shall be allowed on the Property, including without limitation the placing of any billboards, signs or other advertising materials on the Property. Ch) Mmtorized_Mehiclaa. No dunebuggies, motorcycles, all-terrain vehicles, snowmobiles or any other types of motorized vehicles may be operated or ridden on the Property, except as may be necessary for the conduct of such Page 3 forest husbandry activities as may be permitted by this Conservation Easement. (i) Alteration of Springs, Natural Lakes, Ponds, Marshes, and Water Courses. The manipulation or alteration of any springs, natural water courses, lake shores, ponds, marshes or other natural water bodies on the Property is prohibited. (j) Eancas.. Grantor may repair or replace any existing fences and new fences may be built to discourage trespassing. 4. RESERVED RTGHTS AND PERMITTED USES. Grantor reserves to itself and to its successors and assigns, all rights accruing from its ownership of the Property, including the right to use the Property for all purposes not expressly prohibited herein and not inconsistent with the purposes hereof. Without limiting the generality of the foregoing, the Grantor expressly reserves the right to convey the Property to another public or quasi-public entity, subject to the restrictions imposed by this Conservation Easement. Grantor may construct and maintain utility lines on the Property; provided, that, all utility installations on the Property shall be underground and Grantor shall restore the surface to its natural condition following any such installation. 5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of the Property. Among other things, this shall apply to: (a) Taxes. Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor, or its successors, will reimburse Grantee for the same. (b) Upkeep and Maintenance. Grantor shall continue to be solely responsible for the upkeep and maintenance of the Property. Grantee shall have no obligation for the upkeep or maintenance of the Property. 6. T--- - --- --ILESS. Grantor shall indemnify, defend, and hold Grantee and its members, officers, directors, employees, agents, contractors and permitted assignees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, penalties, losses, damages, expenses, causes of action, claims, demands, or judgments, Page 4 including, without limitation, reasonable attorney's fees, arising from or in any way related to: (i) injury to or the death of any person, or damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence or intentional acts of any of the Indemnified Parties; (ii) the obligations specified in paragraph 3 and subparagraphs 5(a) and 5(b) above; or (iii) the presence of hazardous or toxic substances on, under or about the Property. For the purpose of this paragraph, hazardous or toxic substances shall mean any substance which is regulated under any federal, state, or local law. 7. ENFORCEMENT. Grantee shall have the right to prevent and correct or require correction of violations of the terms and purposes of this Deed. Grantee may enter the Property as provided in subparagraph 2(b) for the purpose of inspecting for violations. If Grantee finds what it believes is a violation, Grantee shall immediately notify Grantor in writing of the nature of the alleged violation. Upon receipt of such written notice, Grantor shall either (a) restore the Property to its condition prior to the violation or (b) provide a written explanation to Grantee of the reason why the alleged violation should be permitted. If the condition described in clause (b) above occurs, both parties agree to meet as soon as possible to resolve this difference. If a resolution of this difference cannot be achieved at the meeting, both parties agree to meet with a mutually acceptable mediator to attempt to resolve the dispute. Grantor shall discontinue any activity which could increase or expand the alleged violation during the mediation process. Should mediation fail to resolve the dispute within a reasonable time (not to exceed sixty (60) days), Grantee may, at its discretion, take appropriate legal action. If a court with jurisdiction determines that a violation is imminent, exists, or has occurred, Grantee may obtain an injunction to stop it, temporarily or permanently. A court may also issue an injunction to require Grantor to restore the Property to its condition prior to the violation. Grantee's remedies described in this paragraph 7 shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of scenic or environmental values. 8. COSTS OF ENFORCEMENT. Any costs incurred by Grantee in seeking to enforce the terms of this Conservation Easement against Grantor, including, without limitation, costs of suit and attorneys' fees and any costs of restora- tion necessitated by Grantor's violation of the terms of this Conservation Easement, shall be borne by Grantor unless Page 5 . a court with jurisdiction determines that Grantee has acted in bad faith in seeking to enforce this Conservation Easement or was not entitled to any part of the requested enforcement, in which event Grantor's costs of suit, including, without limitation, attorneys' fees, shall be borne by Grantee. 9. GRANTEE'S DISCRETION. Enforcement of the terms of this Conservation Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any of Grantee's rights under this Conservation Easement. No failure of Grantee to discover a violation or delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 10. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement. 11. TRANSFER OF EASEMENT. With the prior written approval of Grantor, which shall not be unreasonably withheld, Grantee shall have the right to transfer the Conservation Easement created by this Deed and assign its rights and obligations hereunder to any public agency or private nonprofit organization that, at the time of transfer, is a "qualified organization" under Sec. 170(h) of the U.S. Internal Revenue Code, and under Colorado Revised Statutes Sees. 38-30.5-101, al seqi and only if the assignee agency or organization expressly agrees to assume the responsibility imposed on Grantee by this Conservation Easement. If Grantee ever shall cease to exist or no longer qualifies under federal or state law, a court with jurisdic- tion shall transfer the Grantee's rights and obligations under this Conservation Easement to another qualified organization having similar purposes that agrees to assume the responsibility. 12. -0 Any time the Property is to be the subject of a permitted transfer by Grantor to any third party, Grantor shall notify Grantee in writing, and the document of conveyance shall expressly refer to this Conservation Easement. The failure of Grantor to comply with this notice requirement will not invalidate the Page 6 4. conveyance (provided the conveyance complies with the provisions hereof), but the third party grantee shall nevertheless be bound by the provisions hereof relating to the rights and obligations of the Grantor herein. 13. ACCESS. No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 14. AMENDMENT. In the event of unexpected circumstances that render an appropriate amendment to or modification of the terms of this Conservation Easement necessary or desirable to preserve or enhance its purposes, Grantor and Grantee may amend this Conservation Easement by means of a written instrument signed by both of them, provided that no such amendment shall be made that shall (a) adversely affect the status of the easement as a "qualified conservation" easement and its contribution by Grantor as a "qualified conservation" contribution within the meaning of Section 170(h) of the Code; (b) adversely affect the status of Grantee as an organization eligible to hold conservation easements under all applicable laws, including Colorado Revised Statutes, Secs. 38-30.5-101, al seq. and Section - 170(h) of the Code; (c) be inconsistent with the purposes of this Conservation Easement; or (d) affect the perpetual duration of this Conservation Easement. 15. JURISDICTION. Any mediation or arbitration concerning this Conservation Easement shall take place in Larimer County, Colorado. If a court action, it will take place in the District Court for Larimer County, Colorado. Grantor and Grantee consent to personal jurisdiction in Larimer County, Colorado. 16. INTERPRETATION. This Conservation Easement shall be interpreted under the laws of Colorado, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 17. PERPETUAL DURATION. The Conservation Easement created by this Deed shall be a servitude running with the land in perpetuity. This Deed shall be recorded in the real property records of Larimer County, Colorado promptly following its execution and delivery. Every provision of this Deed that applies to Grantor or Grantee shall also apply to their respective agents, assigns and all other successors as their interests may appear. 18. NOTICES. Any notices required by this Deed shall be in writing and shall be personally delivered to or sent by first class mail to Grantor and Grantee respectively at Page 7 , 1 the following addresses, or at a subsequent changed address if a party has been notified in writing by the other party of such a change of address: GRANTOR: Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 Attention: Town Administrator GRANTEE: Estes Valley Land Trust P.O. Box 663 Estes Park, CO 80517 19. GRANTOR'S TITLE WARRANTY. Grantor warrants that it has good and sufficient title to the Property as herein described, free and clear of all liens and encumbrances, subject to restrictions, easements and covenants of record, and hereby promises to defend title to the Property against all claims that may be made against the same by any person claiming by, through, or under Grantor. 20. ACCEPTANCE. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Conservation Easement. 21. GENERAL PROVISIONS . (a) Entire Agreement. This Deed sets forth the entire agreement and understanding of the parties with respect to the Conservation Easement and supersedes all prior agreements, arrangements and understanding relating to the Conservation Easement, all of which are merged herein. (b) SeMar.ahi]-i-f.yÂ· If any provision of this Deed, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (c) camfiQns. The captions in this Deed have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (d) Counterparts. The parties may execute this Deed in two counterparts which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it; both counterparts, when taken together, shall constitute this Deed. Page 8 I . Ce) Ng-Egrfaiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. 22. AUTHORIZATION. Grantee is authorized to accept and enter into this Conservation Easement by virtue of a resolution adopted by its Board of Directors on the day of , 1997. TO HAVE AND TO HOLD this Conservation Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of Conservation Easement, to be effective as of the day and year first above written, notwithstanding the actual date of execution. GRANTOR: TOWN OF ESTES PARK a Colorado municipal corporation' Attest: By: Town Clerk Mayor GRANTEE: ESTES VALLEY LAND TRUST, a Colorado nonprofit corporation Attest: By: Secretary President Page 9 A *1.-c--4 TOWN OF ESTES PARK 11 432411 ~-VS# -my:r Police Department - ' -44~-U- a *: r /3 1%29Â»7- . 41 -1.? '4 5.4Â»228'itrthu- I. b it .. 1 -4 9, . -'615.71 3.-.xÂ·tled<. 0 )44~-~,4.92-*;,9 -ZAKE.- % I 1Â»nÂ·t p4T 1 i January 5, 1998 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: La Casa of Estes Park Hotel & Restaurant John C. Taylor Thomas F Deleo 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 La Casa of Estes Park. Sincerely, Randolf Repola Chief of Police RR/psa (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 DR 8404 (06/97) Page 1 COLORADO DEPARTMENT OF REVENUE LIdUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION ~ NEW LICENSE 8 TRANSFER OF OWNERSHIP m LICENSE RENEWAL â€¢ ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN â€¢ APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ â€¢ APPUCANT SHOULD OBTAINA COPY OFTHE COLORADO UQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a U Individual U Corporation & Limited Liability Company U Partnership (includes Limited Liability and Husband and Wife Partnerships) U Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if c6rporation, name of corporation ehoen, x Rec,< 4 /90<,97-11,w Ven-teâ€ž-ca LLC- 2a.Trade Name of Establishment (DBA) LA Or-;4 0& gli Es PARK dstesajeCTaxN~ ~68 Ie~6~ - 2907 3. Address of Premises (specify exact location of premises) 22-2 4 Et_Â¢1.Hog W A r.6 City County State ZIP Code 66 7 65 6~>'21 g 2-19 Ria Â£ 32 60 905' 1 4. Mailing A*Iress/(Number and Street) . CO City or Town State ZIP Code 9 22.Fup/Av , 2 i 9-Â¥O {,n ,20/1/1 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class ot License Present Expiration Date 24<545,1 Ofc. â‚¬krÂ©ez, 70 03-20 -823-ce,a,ae +F=Â¢ fK L- 8-38 SECTION A APPUCAnON FEES UAB SECTION D LIQUOR LICENSE FEES 60 U Late Renewal Application Fee ................................ $500.00 1940 El Retail Liquor Store License (city) ........................ $202.50 -300 0 Application Fee for New License .............................. 650.00 1940 0 Retail Liquor Store License (county) ..................... 287.50 2300 0 Application Fee-New License Concurrent Review.... 750.00 1950 El Liquor Licensed Drugstore (city) ......................,... 202.50 2310 P'*pplication Fee for Transfer of Ownership .,.........,,,. 650.00 1950 0 Liquor Licensed Drugstore (county) ..................... 287.50 SECTION B 3.2% BEER LICENSE FEES 1960 0 Beer & Wine License (city) ................................... 326.25 *121 E Retail 3.2% Beer On Premises - (city) ...................... $71.25 1960 6 0 Beer & Wine License (county) .............................. 411.25 2121 0 Retail 3.2% Beer On Premises - (county) ................,.. 92.50 1970 [21-1 & R License [26Ry C]county .,.,..,.,,,.,.,.......,..475.00 2122 E Retail 3.2% Beer Off Premises - (city) ........................ 71.25 1980 jH&R Licensew/opt Prem Ocity Ocounty......475,00 2122 O Retail 3.2% Beer Off Premises - (county) ................... 92.50 O Club License El city [3 county............................ 283.75 2123 O Retail 3.2% Beer On/Off Premises - (city) ....,..........,.. 71.25 2010 Â£ Tavern License Clcity C]county.....,..,,,.,.,....,....475.00 2123 2 Retail 3.2% Beer On/Off Premises - (county) ............. 92.50 2020 m Arts License C]city []county..........,.....,..........283.75 SECTION C RELATEDFEESANDPERMITS 2030 U Racetrack License O city m county ....................475.00 2040 0 Optional Premises License O city m county...... 475.00 2210-100 (999) O Retail Warehouse Storage Permit ...................... $75.00 1905 2 Retail Gaming Tavern Lic mcity C]county........ 475,00 1980-100 (999) U Addition of Optional Premises to existing hotel/restaurant 1975 E Brew-Pub License 725.00 $75.00 x Total Fee 1970-750 (999) ~Manager's Registration (hotel & restaurant only) ... $75.00 U Other No Fee ~ 3.2% Beer On/Off Premises Only Delivery Permit No Fee E Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Issued Through License Account Number Liability Date (Expiration Date) State City County -750 (999) 2180-100 (999) 2190-100 (999) Cash Fund N*w Licinsâ€¢ Cash Fund Transfor Licons, 2300-100 2310-100 TOTAL (999) (999) â‚¬ . â‚¬ I 4110 2.4 14\16 + I. 97/ 1 C .-, 4 D*IRY 4 Uten l.qeZSOL , t. HombrG le; w I i,4, 8 AR HA Wo W rd \UC IS .4 - 87 get k, r19/4 42 5 8,< r ' Lou,.s: ' :. 1, ,*? ~ 2.,10 ' 3 1 9/ 1 l5o' 2/1 6 I ' A, /16/,i/,41. Su A k t,-Al, 2, J (e/1UÂ¢ eeâ€¢Le,4 4 0/. a\N / . 735641 i La CO*006.Ade- 1 . r, t *; Z w/t,6, PFLI Buff#r tÂ· 1 33' 13,-191. +5' /Kthk, Li--1/IN- ANE:A //,377't - 4 . R,Â·,y,4 t.1,/ii. 6.)'3 DR 8404-1 (02/94) COLORADO DEPAOTMENT OF REVENUE ALL INDIVIDUAL HISTORY RECORDS MUST BE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET ACCOMPANIED BY INDIVIDUAL FINGERPRINT DENVER CO 80261 CARDS OBTAINED FROM THE POLICE DEPARTMENT. INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truth fulness. 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) 1.-cl Co~4 <301 ES+Or;+0 )2.-/,-97 5/15.-44Â£-115-1 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) 77 7 Le><3 J Jr, e W <IN A .<Â£ 2:-1 4. Mailing Address (if different from residence) Home Telephone Scg -99%7-7â‚¬>37 5. Residence Address (street and number, city, state, ZIP) U=9 1260 *1* 4-RAL L,-77 4-E,610 re â‚¬6127 6. Date of Birth Place of Birth ' 7. U.S. Citizen? 2-7 Â· 976 /O Pc=Â« A k4701 41 [EP?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 Registra6on Card Number Permanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state 6 3. Z-55. Re=> Eurs #74 LE 4143' c Â® Yes C]No 92-04>c -247 -CZ) ame of Present Employer 11. Type of Business or Employment MEÂ© 00<k Offâ‚¬ F/AugÂ»C, 4 LEâ‚¬*Â·r) CAS 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 32.-221 A ritpaket#Soo *1,048â‚¬Â« Ce. 203Â»E 303-528- 2(?C 13. Present Position /77 A,PACE-<--5-F LES 14. Marital Status 15. Name of Spouse (include maiden name if applicable) MA<.e ) 640 Lo>,ca AÂ»Â» Taya,c COR<400-3 16. Spouse's Date of Birth Spouse's Place of Birth 9 -/5-448 - c 03Â°G RA ~AÂ«Al 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Oc~Unption LAKâ‚¬*>oc,o 6, ,-6604*st 04 9 -C'*ate twec ' b, f 19. Address of Spouse's Present Employer Kipi_,Â»4 f joiss,-ss,pp, En,<fupe**b ct, 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 ~ONâ‚¬:. o 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 El Yes 3<No CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Donot include tra~fie 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. . FQ Yes UNo (D).St:.rg,tâ€ž, 9.c Pedec 2,2 Â¢9 ch#>ye â‚¬4644:â€ž9 20 ~7760-346+ + 40 , R. 41â‚¬.4 2 5 /9 64 23. HEE 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 detail. U Yes Â® No 24. Military Service (branch) From To Serial Number Type of Discharge /4 0 6 - 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 58 7 0 t-D Â£/ 44 299 -C.<19 1-,0-,\<â€ž kp-.101 -5>0-0 /e -y ,~2*33Â«s &5223 4-9* 9- 97 f 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 iMDRy â‚¬'0 4 6-iLÂ©Â¤00 4.2.2 126// / 'r\4,7445 c-, 4/4/3 Â©i-c 84,-,4 a>c.-9 fc joo n. 9 -94, /0.97 72/6 447 61, cm Jao 44-to CO / le Â»r?, a ~ d rerk Kt Â£42-1 0 Ple#....7.. 5-90 9-Â¥4 4 229 6 #geÂ£042Â£/27/4 L <5 Â¥'01-/C...1 8%-4, Ia. 4(22,10 4.4.,f..1 0 49 5-st 71 Â£1 ) <14,//6,â€¢,<.496(.,cÂ¢ E .7<C> 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) AC / f 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned \00 1 Ck> 7e) 29. If partner, state whether O General O 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 $ 3J00.00â‚¬2 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.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account 437 c.Lt, Â¥ i $ 46,000 g>c, Cepi+01 Fâ‚¬owE~E t-~1 459)'24tge'v" w C- .ZLYU'di (-c'0-(36#7â€¢yle',t- % 4.2.,0043 .OO Pewogwi,42- 3.91<=,v# 24.613 juâ€¢-1,9 Clh -ru:,~ $ 2:5,000.c,o <24)cÂ»-03 o t,(.,7.,-/div*312.9 1 hL<4"2 4,>hr, C.LApx< t.*pe.-AST..;,-,2 $ 200.ove>, u 671 LE5 kc =,er 1 0 1,0 C -74, 9( e,--A I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date 26'L C.92%3--=> C> G>22 14_ 12- f 1) ' 97 DR 84044(02/94) COLORAOO DEPABTMENT OF REVENUE ALL INDIVIDUAL HISTORY RECORDS MUST BE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET ACCOMPANIED BY INDIVIDUAL FINGERPRINT DENVER CO 80261 CARDS OBTAINED FROM THE POLICE DEPARTMENT. 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 necessar'y 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) LA C. 1%-a R cle / RE.7-OR-A n 41/, ~9-7 03 0-y-4-8070 2. Your~I Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) 4. Mailing Address (if different from residence) Home Telephone (23 (e li)(Thwt\-2 1Â». 1,4,2 co . go 0-70 30-:b- 77:X+- 9/ s-7 5. Residence Address (street and number, city, state, ZIP) 6. Date of Birth Place of Birth 7. U.S. Citizen? tl =-s-1 5-7 712-w.&Â·e-nc*. Rlt ahe ~Ils/es~ 4 Bles [3 No If Naturalized, state where ' When Name of U.S. District Court Naturalization Certificate Number Date of Certificate 11 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 Driver'slicense? If yes, give number, & state 6' 1 " 20 22 6(AcK_ hazel_ mll. euos,62 [Ul'Yes U No Ct) 92 -055 - Â«5-â‚¬79 ame of Present Employer 11. Type of Business or Employment CASA *VAÂ«&41- 846,-AA),CYN /64&/ ~9-7 992 7-71(.4"Â«-- ,... Address of Business Where Employed (streevflumber, city, st,4 ZiP) Business Telephone 1 :Ai ejt~0*Al 41* , F E->ES PAR-Â£ , Clo . 8 v / 7 (R--â‚¬44(- MU-4.92,0- 14. Marital Status O 15. Name of Spouse (include maiden name if applicable) AA 6424 L 4 m ARY (12 3 A-knÂ» 4 le--2-% 0 16. Spouse's Datp of Birth Spouse's *lace of Birth , 91 ill 54 CL-b 0.#ter-0 1 6 Q j,~0,1 17. S~ousts residence address, if different than yours (street and number; city, Mte, ZIP) 18. Spouse's Present Employer Occupation 6(OAL# Vnl.KUL - - 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 AJo Al -4 - 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 icensee? If yes, answer in detail E Yes Lkl No CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 ..' 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffig 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. U Yes GrAo 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 detail, El Yes [3/ No 24. Military Service (branch) t\10 Al e_,- 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 /236 l,000 5514â‚¬ Ar P /NE, Co _ 2-00-16 ll; l 9-7 Fle*;ii-- 5-051 82079 6,noor 66 142 br- 26(JIBAj* SÂ®Â·bf Â°Â° - &39Â°13 3/91- #91 UU 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 A-LL-Mt#NCA F-,AThor,U l{-4 Gew Er *sto '13plo~~4 EdeGNY 91196 /0// 99 76 NÂ¢00%406 Fiate.. Â»10 2. LAB!& 801. tAr. On . btosÂ»* #,bzltlal 94 4&0 *it c. 5*-2, hfuabmety *0~'~4 Dr. Consit{8 4-- 4~,49616, , roh 9/. 4 8506 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 03+N Ae-9 L 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether 0 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) .Â·Â·Â·- 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 $ $ $ $ . I.;-,7 , 44598 Â·9*'â€ž.53- 6&t;3321 4. Â·AÂ·Â·Â·~Â·Â·4%Â·i : 43 27*74,)30-12*Â·t*&45*AMÂ·. ...Â·Â·Â·- . '*Â·Oathof Applicant fjy:43?242-414:?6.4.21.:~~:,~.:24:,4.4,1.:: Â¢63-4';i.I ~,~/ai:~. I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature / Title Date 44&4/ LU NdÂ«v Ia--/1 /91 . HISTORY LIQUOR LICENSE SHOW CAUSE HEARINGS - Beginning with 1990 JANUARY, 1998 - V. O'Connor LICENSEE DATE VIOLATION FINE American Legion 11/25/97 Disorderly Conduct & 15-day Admin. Violations Suspension East Side Food 4/8/97 Sale to Minor 90-day Store Suspension ., 2/23/93 Sale to Minor 15-day Suspension Lonigan's (State) 5/22/90 Sale to Minor 30-day Suspension. Stipulation 2 days served and 3 held in abeyance. Fine in Lieu of suspension, $315.05 National Park 2/23/93 Sale to Minor 15-day Village South Suspension Nicky's 8/17/93 Foreign objects in 5-day Restaurant & Bottles Suspension. Lounge (State) 2 days served and 3 held in abeyance. Line in Lieu of suspension, $200.00 The Wheel 5/8/96 Gambling 30-day (State-Criminal Suspension, Case judgment = held in Fines paid to abeyance for Victim one year from Compensation & 7/12/96 Victim Assistance Funds & public service). " (State) 8/93 Foreign objects in Stipulation. Bottles 2 days served and 3 held in abeyance from 8/18/93. Fine in lieu of suspension $310.40. ,. . PROPOSED LIQUOR LICENSE STIPULATION GUIDELINES January, 1998 Statement of Purpose: To authorize Town staff to negotiate a Stipulation Agreement, utilizing these Guidelines, with the Liquor Licensee following the setting of a Show Cause Hearing. The Town Board may amend, approve, or deny any Stipulation Agreement. REGULATION NO. CODE VIOLATION TOTAL ACTUAL SUSPENSION TIME SERVED -Critical violations: 12-47-901(1) (a) Sale to a Minor 1st Offense 30 Days 15 Days 2nd Offense 90 " 45 " 3rd Offense 6 Months 90 " 12-47-901 (1) (a) and Sale to Intoxicated Person Reg. 47-900 1st Offense 30 Days 15 Days 2nd Offense 90 " 45 " 3rd Offense 6 Months 90 " Reg. 47-900A. Conduct of Establishment Intentional: 1st Offense 30 Days 15 Days 2nd Offense 90 " 45 " 34 Offense 6 Months 90 " Administrative > 00 7 l E Violations: - 12-47-901(5) (n) (I) Permitting Illegal Gambling and 1st Off&nse 7 Days 3 Days Reg. 47-922A. 1. 2nd Offense 30 " 15 " 3rd Offense 90 " 45 " " Video Poker Gambling 1St Offense 7 Days 3 Days 2nd Offense 30 " 15 " 3rd Offense 90 " 45 " Shake-A-Day Gambling Device 1st Offense 7 Days 3 Days 2nd Offense 30 " 15 " 3rd Offense 90 " 45 " Reg. 47-900A. Permitting Disturbances 1st Offense 20 Days 10 Days 2nd Offense 30 " 15 " , I I b REGULATION NO. CODE VIOLATION TOTAL ACTUAL SUSPENSION TIME SERVED Reg. 47-900A. Conduct of Establishment Negligence: 1St Offense 20 Days 10 Days 2nd Offense 30 " 15 " 3rd Offense 90 " 45 " Reg. 47-408A. Purchase of Liquor from Other Than Wholesaler 1.St Offense 7 Days 3 Days 2nd Offense 5 " 5 " Reg. 47-419B. Failure to Meet Food Requirement (H&R, Brew Pub) 1st Offense 10 Days 5 Days 2nd Offense 30 " 15 " 12-47-901 (5) IV Sale After Legal Hours (I) 7 Days 3 Days 1st offense 2nd Offense 20 " 10 " 12-47-301(7) Failure to Report Manager, Corporate & Financial Change Ist offense 5 Days -0- 2nd Offense 7" 3 Days 12-47-901(5) (a) (I) Underage Employee Selling or Serving 1st Offense 20 Days 10 Days 2nd Offense 30 " 15 " 3rd Offense 90 " 45 " Reg. 47-904C. Altered Liquor 1st Offense 10 Days 5 Days Definition: 1. Offense: for the purpose of these guidelines, an offense is a single occurrence of a violation. It is possible that within an offense, there could be multiple counts. Notes: 1. These guidelines are intended as an instrument for the Town Board and Staff. The Town Board and Staff may at any time, depending upon the severity of the violation, alter the suspension time defined in these guidelines. 2 . I. 2. These guidelines were prepared following review of the Colorado Liquor Enforcement Division's Guidelines. 3. Staff may, at any time, elect not to negotiate a Stipulation Agreement, thus proceeding with the Show Cause Hearing before the Board of Trustees. 4. All substantial liquor license violations, as determined by Staff, will be scheduled for a Show Cause Hearing. If the Town Board does not approve the Stipulation Agreement, the Town Board will proceed with the Show Cause Hearing. 3 2/ ... @ed,Una*on %*lema Grand Canyon Niogara Falls Yellowstone Hawaii li 5@ERWE December 30, 1997 & JAN O 5 1998 ADMIN. DEPT. Mr. Robert L. Dekker Mayor Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Estes Park Theater and Interpretive Center Dear Mayor Dekker: I received your letter dated December 18,1997. It helped the Executive Committee better understand the timing issues at Estes Park. DCI, through its Executive Committee, has made the decision to withdraw from building a theater / interpretive center at Estes Park for the following reasons: 1. Economics. The cost of renovation of the existing building, including costs of excavation required to comply with the forty-nine foot height restriction and a higher appraisal of the building and land than DCI anticipated, renders the project economically unviable for DCI. 2. Timing. DCI is currently conducting an executiTe search for a President/CEO, and would not be able to commit to the dates described in your letter referenced above. I have enjoyed working with you, Gary, Art, and Rich. Estes Park is a dynamic community with responsible leadership and I wish you the best in your future development plans. Sincerely, 'Â·--2:2< 9ftÂ»pÂ·-- Kimball Rogers l Director of Devdlopment cc: Ed Capelle - DCI Executive Committee Destination Cinema 4155 Harrison Boulevard Suite 210 Ogden. Utah 84403 (801) 392-2001 FAX (801) 392-6703 00- C:UJ 1.451.1.\Al 10> Ll.UM.t - KIM ROGERS Li]001Â·'00 2 J ,. 0 FOR IMMEDIATE RELEASE DESTINATION CINEMA. INC. ANNOUNCES MANAGEMENT CHANGES (OGDEN, UTAH November 10,1997) Destination Cinema, Inc. today announced a series ofmanagement cluinges that arc cffective immediately. Specifically, the board of directors: â€¢ Appointed John M. Fahey, Jr. as chairman of the board and Edward D. Capcllc as acting president of the company, replacing Richard W. James as president, chief executive officer and chairman of the board. Mr. Fallen chief operating officÂ¢r of National Geographic Society, has been a director of the company since National Geographic's investment in the company in July 1996. Mr. Capclic has been with the company since 1989 and currently serves as the company's senior vice president, distribution and film development. â€¢ Formed an cxecutivs com.mittec to undertake the search Era permanent president and chiefexecut:ve officer' and provide guidance to Mr. Capelle. The executive committee is comprised ofRick Allen, chief executive officer and president of Naional Geographic Ver.tures; Elling Halvorson, chairinan ofPapillon Helicopters; 'rim T. Kelly, president of National Geographic Tele:ision; and Michael I. Marocco, managing director of Sandler Capital Mulgement. Mr. Fahey said "The board expresses its appreciation to Richard James, founder of the company, for his lengthy service to the company." Mr. hunes remains on Ihe board cfdirectors of the company and will continue as an advisor to the company to give cortin,Lity and support to the chairman and o fficers of the company, Destination Cinema, Inc. dcyclops and operates large-format theaters at sites of natural, cultural and historical importance which provide visitors with the highest quality family entertainment that will also educate and enrich their experience ofthe location they are visiting. The company produces films for distribution ro large-format theaters located throughout the world. Thc company has a strategic alliance with National Geographic Television who is also a substantial inves[or in the company. The company currently owns and operates six large-fomiat theaters and distributes a libraly often large-format films. The company's theaters are located at the Grand Canyon, Yellowstone National Park, Niagara Fails., Hearst Castic in California. Hawaii's Waikiki Beach and Seattle. The company is cul'Tently constructing a new Illeater at the Royal British Columbia Museum. Victoria, Canada. The Company's library includes such successful films as Grand Canyon: The Hidden Secrets and Tfhales, and its latest flka, Mysteries ofEgypt, will be released in Spring, 1998. #90## CONTACT: Edward D. Capelle Kathie Tetcr Destination Cinema, Inc. National Geographic Television (801) 392-2001 (202) 857-7671 . TOWN OF ESTES PARK EXHIBIT A STANLEY HALL PRESERVATION - PHASE II PROJECT 97-Pl-007 PROJECT PROPOSAL AND SCOPE OF WORK Phase II is a continuation of the work effort started in the first phase of the Stanley Hall Preservation project. This phase will include the installation of a heating system/air mover to insure building temperature stability which will help preserve the structure. There will be no air conditioning installed. Also included will be the construction of an ADA restroom on the main floor of the building. ADA building access will also be provided as a part of this phase. A ramp to allow access to the first floor will be provided. Other work to be done will include building insulation to reduce energy consumption. Page 1 of 1 . ti TOWN OF ESTES PARK EXHIBIT B STANLEY HALL PRESERVATION - PHASE II PROJECT 97-Pl-007 PROJECT TIME & PAYMENT SCHEDULE - PHASE II Products DUE DATE SOCIETY RESPONSE 1. Advance Request Form NA Advance of $24,000 2. Before photos of March 15, 1998 Review & Approve a. Heating system b. ADA building access 3. Design drawings April 15, 1998 Review & Approve a. Heating system b. ADA building access c. ADA bathroom 4. Interim status and Review/approve financial report July 1, 1998 payment of $32,000 5. After photos (completed) August 30, 1998 Review & Approve a. Heating system b. ADA building access c. ADA bathroom 6. Copies of Inspection Reports August 30, 1998 Review & Approve 7. Submit Exhibits A, B, and C for next phase May 30, 1998 Review & Approve 8. Final reports: * Status & Financial September 15, 1998 Review, approve â€¢ Final September 15, 1998 and final payment of $24,000. Contract final phase Page 1 of 1 . 4 TOWN OF ESTES PARK EXHIBIT C STANLEY HALL PRESERVATION - PHASE II PROJECT 97-Pl-007 PROJECT BUDGET - PHASE II Grant Cash Expenses Request Match Total Heating System $50,000 $22,000 $ 72,000 ADA Restroom 20,000 4,000 24,000 ADA Building Access -0- 4,000 4,000 Building Insulation -0- 10,000 10,000 Contingency 10,000 10,000 20,000 $80,000 $50,000 $130,000 Page 1 of 1 . EPURA EXECUTIVE SESSION January 6, 1998 8:00 a.m. Attending: Chairman Gunn, Commissioners Henderson, Klaphake, Putney, Swank, and Wasson Also Present: Director Anderson, Mayor Dekker, Deputy Clerk Kuehl Absent: Commissioner Steige Chairman Gunn called the meeting to order at 8:03 a.m. The purpose of the meeting is to evaluate the economic redevelopment of the Municipal Building. Evaluation of Destination Cinema withdrawal from the Municipal Building Project: National Geographic withdrew their proposal stating the reasons as the cost to purchase the building and the cost to decrease the height of the building to 49'. It was noted, however, that because National Geographic is in the process of reorganization, future contact may result in renewed negotiations -- possibly.in the Summer of 1998 -- for a site, either at Town Hall or another location. Is redevelopment of Municipal Building to retail space a goal to be pursued? After some discussion, it was concluded that the Town Hall site would not be cost effective to redevelop for retail space, unless a large retailer were contacted, and the area from Town Hall east to the Hwy. 34/36 intersection possibly included in the proposal. , Dick Putney reported that L.L. Bean opened a large retail store in Freeport, MA, drawing -people from the major cities, boosting the economy, and proving complementary to smaller businesses selling the same type of product. Freeport maintained their village status, and the municipal facilities remained in the core of the town, and the addition of a major retailer increased the overall benefit to the town. Should the purchase option for Lot 4 be retained? Bob Dekker reminded EPURA that the town has been successful because of long- range ideas. The municipal building will need to be replaced, and Lot 4 should be retained because there will be no land left in the future to purchase for municipal facilities. Carl Henderson added that the cost of Lot 4 ($807,000) is approximately the cost necessary to remodel the Police Department, and that the remodel cost should be reassigned to purchase the property. 4 f'. EPURA EXECUTIVE SESSION, JANUARY 6, 1998 - Page 2 The next option payment is due February 1, which if approved by Town Board, will be paid by the Town. However, it is Attorney White's opinion the Town must assign the option to EPURA as Town cannot purchase land for speculative purposes. Lot 4 contains 6.88 acres, with the eastern 1/3 designated for open space/storm detention, which leaves approximately 4 acres for a Municipal Building and possibly a Post Office. This would keep the municipal facilities within the core of the community. If the Post Office is included in this proposal, it will provide the Town ability to create retail/sales tax growth in two locations. Gary Klaphake added that another offer has been made on Lot 4. If EPURA does not purchase this property, it will be sold for the future use of 40 condos. Plan: 1) Try to sell Town Hall to major anchor (not a mall type area for small business). 2) Purchase Lot 4 for Town Hall and Post Office -- do not consider retail. 3) Contact National Geographic in the Summer of 1998 to discuss Town Hall or another site. Public agenda: 1) Purchase Lot 4 for future public uses. Advantages: location and economic value. 2) Present Town Hall has potential economic value and appeal to community. Destination Cinema was not the only offer made to the town. If Town Hall remains at current location, considerable investment will be necessary to maintain the building -- comparable to constructing a new building. depreciation under current usage. Gary Klaphake suggested a public relations consultant be hired to keep the public informed on issues regarding town government. 7- K.UU Tina Kuehl, Deputy Town Clerk