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Home My WebLink AboutPACKET Town Board 1998-02-10Prepared 2/5/98 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 10, 1998 7:30 p.m. AGENDA Presentation of symbolic check for volunteer hours by Marshall Hesler and Joan Palmer/Friends of the Museum. PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated January 27, 1998. 2. Bills. 3. Committee Minutes: A. Community Development, February 5, 1998: 1. Standard Special Event Agreements - Approval: A. Lions Club Concession Stand Lease. B. Colorful Colorado Quarter Horse, 6/18-21/98. C. Christmas Parade, Connie Boschen, 11/27/98. 2. Standard Parade Permits - Approval: A. Rooftop Rodeo, 7/7/98. B. Scottish Festival, 9/12/98. C. Christmas, 11/27/98. - B. Planning Commission, January 20, 1998 (acknowledgment only). C. Board of Adjustment, February 3, 1998 (acknowledgment only). 4. Special Event Liquor Permits - Approval: A. American Legion Club Board, Estes Park Post #119, 2/28, 3/13, 4/4, 4/25/98. B. Town of Estes Park Museum Dept., 4/24, 7/10, and 11/27/98. 5. Modification of Premises - Lions Club of Estes Park, 3.2% Retail Beer License (fairgrounds) - Approval. 6. Transfer of Ownership - from Philip & Christine Switzer to Thomas Sik Kim, dba EAST SIDE FOOD STORE, 381 S. St. Vrain Ave., 3.2% Retail Beer License - Approval. 7. Amended Plat of Lot 1, Hartland Subdivision, a Replat of Lot 7, S. St. Vrain Addn., and Lot 1, Esquire Acres Subdivision of Lot 8, S. St. Vrain Addn., John & Susan Baptista/Applicant - Continue to 3/10/98. 8. John Gilfillan Resignation, Estes Park Planning Commission, 6-yr. term expires 4/2000 - Acknowledgment. ACTION ITEMS: 1. Carry-Over Resolution #1-98 for 1997 Budget - Approval - Finance Officer Vavra (Continued from 1/27/98). 2. Development Agreement with the Animal Medical Center, 1260 Manford Ave. - Town Contribution toward Sound Barrier - Approval - Town Administrator Klaphake (Continued from 1/27/98). 3. Public Hearing: Amended Plat of a Portion of the SW 4 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 - Sr. Planner Joseph. 4. Public Hearing: Special Review #97-04, Horse-Drawn Carriage Rides, Shayne Copper, dba PARADISE CARRIAGE/Applicant - Sr. Planner Joseph. 5. Public Hearing: Special Review #98-01, Lots 2, 3, and W 4 of Lot 4, Block 2, Lone Pine Acres Addition (Lakeview Plaza), Lori Jeffrey/Applicant - Sr. Planner Joseph. 6. Public Hearing: Amended Plat of Lots 7 and 8, The Reserve, First Filing, Charles & Gail Banning/Applicant - Sr. Planner Joseph. 7. Public Hearing: Amended Plat of Grey Fox Estates at Cedar Ridge, First and Second Filings, Richard & Ann Barlow/Applicant - Sr. Planner Joseph. 8. Vacation Ordinance #3-98 for Elk Ridge Condominiums - Approval - Town Attorney White. 9. Ordinance #4-98 for Larimer Emergency Telephone Authority (LETA) (replaces Resolution #16-97 for an additional $.45/mo. wireless line user access fee.) 10. Town Administrator's Report: A. 2 Town of Estes Park, Larimer County, Colorado, January 27, 1998 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 27 day of January 1998. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker, John Baudek, George J. Hix, William J. Marshall, and J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Tina Kuehl, Deputy Town Clerk Absent: None Mayor Dekker called the meeting to order at 7:30 p.m. PUBLIC INPUT. No report. TOWN BOARD COMMENTS. No report. CONSENT CALENDAR. 1. Town Board Minutes dated January 13, 1998. 2. Bills. 3. Committee Minutes: A. Public Safety, January 15, 1998. B. Public Works, January 22, 1998. It was moved and seconded (Hix-Marshall) the consent calendar be approved, and it passed unanimously. ACTION ITEMS. 1. Fireworks Display Permit. Administrator Klaphake explained the Town received a request from the Colorado Festivals and Events Association to conduct a fireworks demonstration on the Stanley Hotel grounds during their annual con f erence in March. The display will be performed by Pyrotecnico, a national fireworks display company. Although Fire Chief Dorman is impressed with the quality ' of the display and the qualifications of Pyrotechnico, he recommends this request be denied. It has been the policy of the department to grant fireworks applications only for public display by qualified organizations, and there is concern with setting a precedent which may lead to an increase of commercial applications. Chief Dorman is also concerned about exposure of the Stanley Hotel, surrounding residences, and the possibility of grass fires. Administrator Klaphake further explained that the Town-sponsored fireworks displays (Fourth of July and Christmas) require the Fire Department to be on alert, and to set a precedent of allowing commercial displays would be unfair to the Department. It was moved and seconded (Hix- Pauley) the request from the Colorado Festivals and Events Association to conduct a fireworks display on the Stanley Hotel grounds be denied, and it passed unanimously. Town Board of Trustees, January 27, 1998 - Page 2 2. Purchase of Global Positioning Svstem. Administrator Klaphake explained that GIS mapping is now possible through satellite technology. This Global Positioning System (GPS) unit includes satellite transmission and hand-held receiver and monitor, and will allow updating of the utility and base maps with a one-man surveying crew. The 1998 budget includes $16,000 for this purchase. Trimble Navigation submitted a bid of $15,534.00 and offered the most accurate signal technology. It was moved and seconded (Doylen-Hix) the purchase of the Global Positioning System from Trimble Navigation in the amount of $15,534.00 be approved, and it passed unanimously. Trustee Baudek stressed that technology such as this is always a good investment to relieve labor intensive projects. 3. Approval of Water Accountability Study Scope of Services. Administrator Klaphake explained that a water accountability study is necessary to examine calculations of billable water. The 1998 budget includes $13,000 for this study. Black & Veach submitted a Scope of Services for $11,900. It was moved and seconded (Doylen-Hix) the Scope of Services for a water accountability study for $11,900.00 submitted by Black & Veach be approved, and it passed unanimously. 4. Resolution No. 1-98, Carrvover of 1997 Budget. It was moved and seconded (Hix-Baudek) Resolution No. 1-98 be continued to the February 10 Board meeting, and it passed unanimously. 5. Development Agreement with the Animal Medical Center. It was moved and seconded (Hix-Baudek) the Development Agreement with the Animal Medical Center be continued to the February 10 Board meeting, and it passed unanimously. 6. Resolution No. 2-98, Calling Regular Municipal Election Anril 7. 1998. Town Attorney White reviewed the resolution and explained that the April 7, 1998, election will include the election of three Trustees and include a ballot question: "Shall the Town of Estes Park limit the annual increase in the number of residential dwelling units to 1% per year?". The Municipal Building is the only polling place. Absentee voting dates are March 26 through April 3, Meeting Room #1 (Administrative Conference Room), 8:00 a.m. to 5:00 p.m., Monday-Friday. Voting on election day, April 7, will be in Meeting Room #130, 7:00 a.m. to 7:00 p.m. Election authority and responsibility will be delegated to the Town Clerk. It was moved and seconded (Doylen-Marshall) Resolution No. 2-98 setting the Municipal Election on April 7, 1998, be approved, and it passed unanimously. Attorney White explained that an IGA with Larimer County has been prepared for use of the Global Electronic Voting System (ACCUVOTE). Two voting units at a fee of $100.00 per unit and four voting devices at $10.00 per device will be provided. The County will transport the equipment to Estes Park on March 23, and the Town will return the equipment within five working days after the election. The 1998 budget includes $1,500 for the use of this equipment plus the required memory cards and data base. It was moved and seconded (Hix-Baudek) the IGA with Larimer County for use of the ACCUVOTE Voting System be approved, and it passed unanimously. 7. Show Cause Hearing, Park Wheel Company, dba the Wheel, 132 E. Elkhorn Ave. Trustees Hix and Doylen declared a conflict of interest and did not participate in discussion or voting. Attorney White also declared a conflict of interest, but would answer any legal questions. Administrator Klaphake explained that through negotiation with the licensee, a Stipulation Agreement was written, using the Stipulation Guidelines adopted by the Board on January 13, 1998. This violation was considered administrative, Reg. 47-900A, Conduct of , Town Board of Trustees, January 27, 1998 - Page 3 Establishment, with the first offense requiring 20 days suspension, with 10 days actual time served. Chief Repola explained the terms of the agreement which include ten days to be served in 2 five-day increments before May 1, and ten days to be held in abeyance for 12 months from the date of the Agreement. It was moved and seconded (Marshall-Pauley) the Stipulation Agreement with the Wheel Bar be approved providing the licensee execute the Stipulation Agreement as presented, and it passed unanimously. To educate and define required conduct and cooperation, the Police Department will schedule training meetings with liquor licensees. 9. Town Administrator' s Report. Administrator Klaphake explained that the Town will receive a 5% insurance premium reduction due to the Town's Workers' Compensation Premium Cost Containment Program. Assistant Widmer, as well as department heads, were commended for management of this program. i Administrator Klaphake, a member of the Larimer County Waste Landfill Committee, explained that the Committee is studying life expectancy of the Fort Collins landfill and proposed fee increases which are necessary due to lower volume usage. On November 25, 1997, the Town Board referred to the Planning Commission a proposed regulation of 25' store front limitation on downtown commercial businesses. Because there are many variables involved, Staff will study this proposal further and will contact other municipalities regarding policy. The Senior Center has successfully relocated to the grade school. Administrator Klaphake commended the school board and superintendent for their efforts in incorporating the Center into their space. Renovation of the Senior Center is expected to be completed in August. A part time administrator will be hired as a Town employee to oversee reporting requirements. It was moved and seconded (Doylen-Hix) the Town Board enter Executive Session to discuss a personnel matter, and it passed unanimously. Mayor Dekker adjourned the meeting at 8:15 p.m. Mayor Deputy Town Clerk ' IRAD/ORD PUILISMING CO. RECORD OF PROCEEDINGS Community Development Committee February 5, 1998 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: Chairman Doylen and Trustees Barker and . Marshall Also Attending: Town Administrator Klaphake, Directors Stamey, Kilsdonk and Hinze, Advertising Director Marsh, Marketing Director Pickering, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT Estes Valley Planning Commission (EVPC) Update: Director Stamey reported that an EVPC organizational meeting was held on January 8. Al Sager was elected Chairman and Wendell Amos, Vice Chairman. A Technical Advisory Committee was established. The members are Helen Hondius, Roger Thorpe, Larry Gamble, and Bill Van Horn. Clarion Associates, consultants, will meet with EVPC on February 26, from 12:00 to 2:00 p.m., to identify land use directions. The Commission will meet the second and fourth Tuesday of each month at 8:00 a.m., Room 202. 1997 Year-End Advertising Report: Advertising Director Marsh reported that as of the end of 1997, overall requests for Visitors Guides increased 1.5% over 1996 (70,650 vs. 69,610), and non- solicited requests including letters and telephone calls decreased. The 800 line calls for 1997 decreased 7.2. The Virtual Visitors Guide access increased 112% (79,678 vs. 37,662) and E-mail responses increased 536%, meaning that web users are requesting detailed information after the initial inquiry. National magazine advertising responses increased 10% (40,385 vs. 36,692). Marsh reminded the Committee that responses are tracked by state and - publication to determine the most cost-effective magazine placement. Currently the cost per inquiry is $4.00 which is based on the cost of the advertising. Marsh explained that advertising on Front Range cable TV requires purchase on all stations, which is comparable to radio, and is not economically feasible. 1998 Conference Center Report: Director Pickering presented the 1998 Conference Center Marketing Plan, including the Mission Statement, Market Analysis, Competition Analysis, Strategies and Goals, Quarterly Action Plans, Advertising Plan, and Public Relations Plan. Although Colorado's economy is strong, tourism is declining. The legislature has awarded $2,000,000 to the Colorado Tourism Board to be used for tourism marketing -- advertising and fulfillment. To date in 1998, the Conference Center has 22 conferences booked. National advertising includes Successful Meetings and Convene magazines. Local advertising focuses on state and regional associations and includes Front Range yellow pages and //A/FOR O 'U/LI/HING CO. RECORD OF PROCEEDINGS Community Development Committee, February 5, 1998 - Page 2 :? newspapers as well the Trail-Gazette. Local perception continues to be an important part of the Public Relations Plan. A dozen civic organizations have booked the Center to date for this year. The local community uses the Conference Center approximately 50% of the time through such activities as the Taste of Estes, Holiday House, and graduation; conference fees make this usage possible. The Conference Center calendar will appear in the local newspaper as well as reports on KRKI. Director Pickering will address local groups regarding the success of the Center. MUSEUM Director Kilsdonk announced that Lisel Goetze will start work February 9 as the new museum curator, and will be introduced at an informal coffee on February 10 from 1:00 p.m. to 2:00 p.m. Director Kilsdonk presented the 1997 Collection Accessions list, the proposed De-Accession list, and items transferred to other museums as required in the Museum's Collections Management Policy. Friends of the Museum conducted a fund drive in December, raising $2,055 to install an over-hang and cement patio adjacent to the work shed to provide a sheltered area for exhibit construction. The Museum sponsored an open house to celebrate the Byxbe exhibit. A bench was dedicated in the name of Betty Swanson (deceased), a volunteer during 1994 through 1996. Director Kilsdonk reported 181 visitors to the Museum in January. "Life in Estes Park", published by the Trail-Gazette, included picture postcards and objects from the Museum. Photographs and post cards are being scanned onto CD's for use by the library and other museums. SPECIAL EVENTS Celebrate Estes. Director Hinze reported that the first annual Celebrate Estes weekend, December 12, 13, and 14, was organized by the Special 'Events, Chamber Resort Association, and Business Advocates. Although attendance was low (approximately 1,500), the business community wishes to continue this event. Improvements in traffic flow, general visibility, signage, advertising, packaging and attractions should generate increased future participation. Lions Club Concession Agreement for 1998: Director Hinze reported two changes in the Lions Club Concession Agreement: (1) The exclusive food area remains the same but the liquor license area will expand to eliminate the need for special event permits; and (2) Tobacco sales will be eliminated. The Committee recommends approval of the 1998 Lions Club Concession Agreement. Standard Agreements: Director Hinze explained the Colorado Quarter Horse Agreement for June 19-21, 1998, and the Letter of Understanding with Connie's Cartoons for production of the 1998 Christmas Parade, November 27. The Committee recommends approval of the Colorado Quarter Horse Agreement and the Christmas Parade Letter of Understanding. Parade Permits: Director Hinze presented four 1998 parade permits Rooftop Rodeo Parade, July 7, 9:00 a.m. to 11:30 p.m., street ~RADFOMO PU~USHING CO. RECORD OF PROCEEDINGS Community Development Committee, February 5, 1998 - Page 3 closure of Elkhorn Ave. from West Park Center to Hwy. 36 and south to Fourth St. and Fairgrounds; Christmas Parade, November 27, 5:00 p.m. to 7:00 p.m., street closure of Elkhorn Ave. from West Park Center to the Chamber Building on Hwy. 34; Scottish Highland Torch Ceremony, September 11, 8:00 p.m. to 9:00 p.-m., no street closure, police escort only in east bound lane on Elkhorn Ave. from West Park Center to Bond Park; and the Scottish Festival Parade, September 12, 9:30 a.m. to 10:30 a.m., street closure of Elkhorn Ave. from West Park Center to the Chamber building. The Committee recommends approval of the four parade permits as presented. Stanley Park Fairgrounds Electrical Master Plan - Request to Solicit Bids: Director Hinze presented a Master Plan for the required electrical improvements at Stanley Park. The 1998 budget includes $58,000. This project includes undergrounding lines, light replacement, removal of old wiring and poles, etc. and will be divided into three phases. The Committee recommends staff be authorized to solicit bids for the Stanley Park Fairgrounds Electrical Master Plan, returning the Committee for additional review. Upcoming Special Events: Director Hinze reminded the Committee of the Valentines Weekend, February 14-15, and the Winter Trails Weekend, February 21-22. There being no further business, Chairman Doylen adjourned the meeting at 9:17 a.m. li- K-Q.2 Tina Kuehl, Deputy Town Clerk BRADFORD PUBLISHING CO. Â· RECORD OF PROCEEDINGS Planning Commission January 20, 1998 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, Alma Hix, Edward Pohl and David Thomas Attending: All Also Attending: Trustee Liaison G. Hix, Town Attorney White, Director Stamey, Senior Planner Joseph and Secretary Botic Absent: None Chairman Sager called the meeting to order at 1:32 p.m. 1. CONSENT_AGENDA Minutes of the December 16, 1997 meeting were approved as presented. 2. ET.RCTTON OF OFFTORRR . APPOTNTMENT OF RETRETARY Al Sager was nominated Chair and it passed unanimously. Ed Pohl was nominated Vice Chair and it passed unanimously. The Cammunity Development Secretary, currently Roxanne Botic, was appointed as Recording Secretary. Chair Sager announced Item #5 on the Agenda - Public Hearing on Width of Buildings in the Downtown Cammercial District, was withdrawn from the Agenda. 3. SPECIAL_REVIEWS 3-a- _Special Review 97-04, RtÂ·rept-= nf le.ql-ps Park, Shayne Corrpr. dba Pal-Arlimp Carriagp/Appl irâ€¢Ant (Continued from 12/16/97) This request is for horse-drawn carriage rides for the public on the streets of Estes Park. Attorney Richard Ball, Applicant's representative, reviewed Paradise Carriage history, Mr. Copper's experience and noted 4 people are involved when there is a carriage ride in Estes Park. Melanie Patton, of Masonville, runs a Wedding Emporium in Masonville and is responsible for marketing and reservations. Ms. Patton stated there will be no carriage rides on busy holidays such as July 4th. Cynthia Hoopshle explained the business began 2% years ago, safety is their first concern, a 'slow moving' placard is utilized, a pilot car follows which is responsible for manure removal. Requests are usually for weddings or anniversaries and she noted Mr. Copper is familiar with Estes Park streets and traffic. Mr. Ball provided the Commissioners with a picture album of the carriage used and stated the insurance is for $300,000. Town Attorney White explained the limits are determined by the State and must be $150,000/$600,000. Senior Planner Joseph reviewed staff comments noting a device to collect manure is recommended. Police Chief Repola explained a device is safer and more BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS ' Flanning commission - January 20, 1998 Page 2 efficient. Chief Repola also discussed safety issues regarding street widths. Mr. Joseph noted correspondence has been received from Cathy Hughes and Holly Erwin (Black Canyon Carriages, Inc.). Cathy Hughes was also in the audience and questioned if approval would only include weddings. Chair Sager noted the request is not limited to only weddings. It was moved and seconded (Brown/Pohl) Special Review 97-04, Streets of Estes Park, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. â€¢ No staging of this operation shall be allowed from public property within the Town without prior approval of the Town authority responsible for the property involved. â€¢ No stopping for solicitation of business shall be allowed on public property within the Town. Applicants shall provide a copy of Certificate of Insurance for a minimum of $150,000/$600,000. No signage on public property within the Town A Business License shall be obtained. If traffic conflicts or other use conflicts occur on the streets, Town Staff is authorized to restrict operations until the problem is corrected. â€¢ Equipment on carriage shall be equipped with brakes, and lights (if the operator intends to provide service after sunset) and a ~slow moving vehicle" placard attached to the rear of the carriage. A sanitary device shall be provided to capture manure. Route usage shall be restricted to streets with adequate shoulder, multi-lanes or streets 25 mph or less as per Chief Repola's Memo dated 12/16/97. â€¢ Routes not related to weddings shall be same as existing carriage route (Route approved for Black Canyon Carriages). 3.b. Sperial Review 95-01, Tract 4, Rpaver Paint- Arl,-141-inn 550 Moral ne Avenue, RiverRock HompR, Peter a n rl__Ricki Ingersoll/Applicants. (Continued from 12/16/97) This request is to modify the unit mix and increase total density by three units. Commissioner A. Hix declared a conflict of interest and was excused. Senior Planner Joseph reviewed the history of this project and concerns/recommendations of the staff report. Applicant's representative, Bill Van Horn, responded addressing the bonus request. He also noted ISO standards have been addressed, provided documentation regarding condominiums declarations for Attorney White's review, stated recommended plantings will be done and two buildings will be re-designed to recognize the 30' setback and encroaching buildings. He noted Applicants are responding to comments from current homeowners within the project who favor this proposal. Applicant Ricki Ingersoll stated the covenants do not allow rentals (minimum is 2 weeks or 1 month), currently there are no renters. She explained design issues, the road corridor, guest parking, landscaping, profit margin, bike path construction and the advantages of this proposal. .... BAADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - January 20, 1998 Page 3 A lengthy discussion followed with concerns raised regarding finished floor elevations, berming, view corridor, density bonus, landscaping, parking, traffic volume/impact on Highway 36, floor plan layout with regards to proximity of highway and noise abatement, grading plans and elevator tower height. Audience comment: Lori Jeffrey, Trout Farm owner, expressed concern with elevator towers blocking her commercial signs. Commissioner Brown stated he has heard the information presented this date and at two previous Meetings; the architecture is '5 star', some attractions remain, the internal pond is gone, the project has been down-scaled, the developer had the opportunity to meet the 30' requirement and chose not to. The presentation does not qualify for a density bonus, the rights of development to maintain integrity remain, the proponent is not under any hardship and approval would allow for additional revenue to the Applicant. Finding no compelling reason to grant a density bonus after a project has begun and noting the proposal does not meet Special Review criteria, it was moved and seconded (Brown/Gilfillan) Amended Special Review 95- 01, Tract 4, Beaver Point Addition, Â· 550 Moraine Avenue, RiverRock Homes be recommended for denial to the Board of Trustees, and it passed with the following votes. Those voting "Yes" : Brown, Burgess, Pohl, Thomas, those voting "No": Sager and one abstention. Commissioner A. Hix resumed her position on the Commission. Due to a previous commitment, Commissioner Gilfillan was excused. 3.b. Special Review 98-01, Lots 2, 3 AW Vof Lot 4, Block 2. Lone_Rine_Acres a,9,94 *-inn. T.akeview Plaza, 1751 N. Lake Avenue,. Lori_Jeffrey/Applicant. This is a proposal f or an indoor playground. Applicant Lori Jeffrey explained the project will be a family entertainment center including music, snacks, crafts, etc. A parent or guardian must accompany their children; it will not be a drop off center. Mr. Joseph reviewed the Staff report recommending approval. Audience comments: Sue Langdon, 1840 Raven Avenue, who had questions regarding operating hours, noise, age group, loitering, how many children parent/guardians may bring. Ms. Jeffrey responded stating hours would be 9:30 a.m. - 8:00 p.m. (9:00 p.m. winter), 7 days a week. Some parents/guardians may bring a group of children, target age will be 4-14, other activities will be available for older children. Staff members will be on-site with t-shirts or vests to designate their status. There is a potential for future activities to include field trips in RMNP. Joe Wise, Ponderosa Realty, spoke representing Douglas and Carolyn Peal who own a home on Raven Avenue. The Peals are concerned as they believe the construction of Fairbanks Center has reduced the value of their home. Mr. Wise expressed concerns with the height of the building, the threat of proposed activity and related noise on the Peals' view and value of their home. Staff stated Fairbanks Center does BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - January 20, 1998 Page 4 conform to setbacks and was approved by the Planning Commission. The Plan was submitted without architectural elevations and usage was proposed as retail/office space. Dave Fairbanks stated he purchased the property in 1994 and there have been no changes in the original concept, they planned for a 30' building and built one 25'. There is appropriate insulation/sound proofing and fireproofing. Director Stamey responded to earlier concerns voiced by Mr. Wise regarding the zoning of the Peal property. Recognizing the value of this proposal, it was moved and seconded (Burgess/Brown) Special Review 98-01, Lots 2, 3 & W M of Lot 4, Block 2, Lone Pine Acres Addition, Lakeview Plaza, 1751 N. Lake Avenue be favorably recammended to the Board of Trustees, and it passed unanimously. 4. SIIBDIUISIQNS 4.a. Amended Plat-, T.ot 1. Harl-lanA Râ€žhtlivision, A Replat of Lat_1.__Sonth_Saint_3train_Addition_and_LaLl._Eaquire_Acres Subdivl.gion of Lot R. South Saint Vrain Arl,-111-innf .Tohn anti Susan_B aptiatalapplicants. This request is to change an access easement to the adjoining property to the east. Mr. Joseph reviewed the staff report. Applicant's representative, Bill Van Horn, agreed to Staff recommendations. There were no audience comments. Recognizing this proposal will resolve a number of issues, it was moved and seconded (Thomas/Brown) Amended Plat, Lot 1, Hartland Subdivision, A Replat of Lot 7, South Saint Vrain Addition and Lot 1, Esquire Acres Subdivision of Lot 8, South Saint Vrain Addition, be favorably recammended to the Board of Trustees subject to the following conditions, and it passed unanimously. â€¢ The Applicant shall document the agreement with this revision of the owners of Lot 2 who use this Access Easement. â€¢ There may be an illegal subdivision on this property, if so this shall be corrected with this Plat. â€¢ An easement shall be provided for the overhead electric line along the west property line. â€¢ Place a note on the Plat stating this is a single lot. 4.b. Amen,10,9 Plat-. Tiot.q 7 and R. The Re-qpÂ·r-ver Firmt- Filing, 1175 Coyote Run. Gail and Charles, Banning/Applirâ€¢Ant-q This is a proposal to combine two lots into one lot. Mr. Joseph reviewed the Staff report. Applicant's representative, Bill Van Horn, was present. There were no audience comments. It was moved and seconded (Brown/A. Hix) Amended Plat, Lots 7 and 8, The Reserve, First Filing, 1175 Coyote Run, be favorably recommended to the Board of Trustees, and it passed unanimously. 4.c. Amended Plat, Grey Fox R.qiÂ·at-â€¢9 al- rArlar Ri Age r FirRI-- and Second Filing, Ahnt-ting the West Boundary of Carriage_Hills-, U, rhard and Ann Barlow/ApplicantÂ·q This is a proposal to realign street right-of-way and boundary adjustments between two lots. Bill Van Horn, Applicant's representative, stated agreement with Staff recommendations. Mr. Joseph recommended BRADFORD PUSLISHING CO. RECORD OF PROCEEDINGS vianning Commission - January 20, 1998 Pdge 5 approval with conditions. There were no audience comments. It was moved and seconded (Burgess/A. Hix) Amended Plat, Grey Fox Estates at Cedar Ridge, First and Second Filing, Abutting the West Boundary of Carriage Hills, be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously. The landscape entry easements shall be labeled as private easements. Hatch marks shall be added to the subdivision boundaries. The City Limits shall be identified. The labeling of the 55 ft. wide utility easement over the drive on Lot 5 shall be made more clear. 5. EIBLIC_HEARING 5.a. Width of Ri, 41,1Â·ingq in Downtown CommeÂ·rel Al ni =trict - as noted previously under #2, was withdrawn at Staff's recommendation. 6. CORRECTION (TYPOCRAPWTCAT. ERROR) TO COMPURNFNATVE PLAN 6.a. Chapter 3, Page 12. Paragraph 6. Director Stamey explained the context of the paragraph was examining the sales tax impact of the buildout of Stanley Village, and looked at an assumption on sales tax revenues, should a large umart" retailer locate at Stanley Village. The word UPark" should be changed to "Village" and "a 20,000" should be changed to "an additional". Commissioner Thomas noted another error and in the same paragraph; n$140,51" which should be "$140.51" It was moved and seconded (Brown/A. Hix) the above noted corrections be made to the Estes Valley Comprehensive Plan on Chapter 3, Page 12, paragraph 6, which should read as follows, and it passed unanimously. â€¢ "If the Stanley Village area is developed for an additional 20,000 S.F. retail, ..." UIf the mall were anchored... with average annual sales of $140.51 per ..." 7. RERQRTS None 8. ADJOURN There being no further business, Chairman Sager adjourned the meeting at 4:04 p.m. LK.OVOJ,1-0 gil (acc_3 Roxanne S. Botic, Recording Secretary .... IRADFORD'lit_ISHINGCO. RECORD OF PROCEEDINGS Board ofAdjustment February 3, 1998 Board: Chairman J. Donald Pauley, Members Jeff Barker, John Baudek, Wayne Newsom and Al Sager Attending: All Also Attending: Director Stamey, EPURA Executive Director Anderson and Secretary Bone Absent: None Chairman Pauley called the meeting to order at 8:03 a.m. MINUIES The minutes ofthe December 2, 1997 meeting were accepted as presented. 172 WEST EI,KHORN, BOB'S AMOCO, DIANE AND BOB HOWEI,I,/APPI,TCANTS - VARIANCE REQUEST FROM SECTION 17.16.040 F OF THE MTINICIPAL CODE. Applicant is requesting 1) an addilion along the south side of the existing structure to extend the depth of one service bay and 2) extension of the canopy over the pump islands to allow for a clearance of 13'6 and horizontally to cover more ofthe pump area. Applicant's representative, Paul Kochevar, explained the request stating the canopy has been hit many times, they would like to remove the danger by raising and enlarging it. Art Anderson, EPURA Director, stated when the Master Plan was adopted by the Town it called for the eventual removal of gas stations, not allowing them to continue or expand, and to have the downtown area become pedestrian oriented. The proposed canopy will be a visual intrusion and expansion approval would continue the economic life. Member Sager suggested Mr. Howell approach EPURA for assistance with relocation of his non- conforming use. Stephen Stamey, Director, reviewed the variance requests noting the current use is non- conforming. Staff findings are as follows: 1. Existing Canopy Clear Height: 11'8" Overall Height: 13'6" (Height matches existing building height) Width: 16' Length: 44' 2. Proposed Canopy Clear Height: 13'6" Overall Height: 18' Width: 26' Length: 52' 3. Building Addition Size: 15' x 15' Setback: 17' at West corner 4. The existing use is nonconforming. 5. Proposed work is an enlargement and extension of a nonconforming use. 6. Proposed work is a structural alteration, enlargement, or extension of a DRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Board ofAdjustment February 3, 1998 Page 2 nonconforming building. 7. The C-D District use standards were adopted in 1986. Mr. Stamey also called attention to Town Attorney White's letter dated 01/27/98. An adjacent business owner telephoned Town Staff expressing concern regarding the canopy enlargement. Mr. Stamey recommended denial of the variance request to enlarge and extend a nonconforming use, and to structurally alter, enlarge and extend a nonconforming building. Mr. Stamey also noted that previously Village Gas requested a car wash bay extension, which was denied. The downtown goals identified in the mid 80's were to create a pedestrian environment. Mr. Howell responded to Member's questions, staling he has owned the business since 1970 and purchased the property in 1986 with rezoning taking place after his purchase. He stated the request could be amended to lower the canopy's height to 15'. Member Newsom stated while appreciating the proposed improvements would benefit the Howells, the request is in opposition to the Municipal Code and does not fit the Board of Adjuslment criteria to allow a variance. Chair Pauley requested Members consider the requests in separate motions. Member Baudek stated his concerns are for the canopy projection towards the street. Mr. Howell offered the canopy could be raised and widened to the east, and would not extend any closer to the sidewalk. Member Sager stated that the variance approval would be detrimental to the public good. He expressed concern with the non-conforming operation and possible compromises being discussed. Mr. Howell stated the gas station has been there for 28 years and will be there another 22 years with or without approval ofthe variance requests. Member Sager requested Mr. Howell consider a petition to EPURA for their assistance to relocate and it was moved and seconded (Sager/Newsom) the variance to allow a canopy extension, be denied for 172 West Elkhorn, and it passed with the following votes. Those voting "Yes", Newsom, Pauley and Sager, those voting "No", Barker and Baudek. It was moved and seconded (Newsom/Sager) the variance regarding the 15' x' 15' building extension, be denied for 172 West Elkhorn, and it passed with the following " votes. Those voling "Yes", Barker, Baudek, Newsom and Sager, those voting "No , Pauley. ET,ECTION OF OFFICERS, APPOINTMENT OF SECRETARY J. Donald Pauley was nominated Chair and it passed unanimously. Al Sager was nominated Vice Chair and it passed unanimously. The Community Development Secretary, currently Roxanne Botic, was appointed as Recording Secretary. REPORTS - None There being no further business, Chairman Pauley adjourned the meeting at 8:37 a.m. ~K ouu., d Yacdo Roxanne S. Botic, Recording Secretary DR 8439 (06/97) 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION. , APPLICATION FOR A 1375 SHERMAN STREET Â· DENVER CO 80261 SPECIAL EVENTS PERMIT (303) 205-2300 RDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT ) ONE OF THE FOLLOWING (See back for details.) - 1 CHECK ONE: C]SOCIAL Â¤CHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY C]FRATERNAL ~RELIGIOUS INSTITUTION ~ PATRIOTIC O PHILANTHROPIC INSTITUTION El POLITICAL ~ POLITICAL CANDIDATE ~ ATHLETIC DMUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE 2110 ~ MALL VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 m FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) American Legion Post 119 03-01371-0000 - 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) P. 0. Box 127 850 North Saint Vrain Estes Park, CO. 80517 Estes Park, CO. 80517 - tÂ·:NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE P.O. Box 116 970 Anqpph Rall ,lan.-15, 1945 Glen Haven CO. 80537 586-3996 5. EVENT MANAGER 400 Birch Ave. 586-1914 Canrira rlagen -3/23/45 -- -Fstes Park Co. 80517 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN' 7. IS PREMISES ATOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? American Legion 119 [Â£| NO El YES HOW MANY DAYS? El No 53 YES TO WHOM? Club Board 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? ~ Yes D No , LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT . Date Date Date Date Date 4 2/28/98 4/4/98 442i/98 3113/98 Hours 1-rom .m. Hours rrom m. Hours m. Hours . Hours From ..â€ž. TO 1: OOP *m To 1 :OOP m rr~ 1: OOP ~. To c. 00a. 4.00(. 2.00&. 2.00a. -OATH OF APPLICANT -,-A --.# I ..6.-V I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. SIGNATURE TITLE 4 -61( Commander, Post 119 / REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The fotegoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) U CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK U COUNTY SIGNATURE TITLE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL -750 (999) (Instructions on Reverse Size) DR 8439 (06/97) 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION APPLICATION FOR A jiliN@=8922 1375 SHERMAN STREET DENVER CO 80261 SPECIAL EVENTS PERMIT (303) 205-2300 A JAN Z 7 1998 E, )RDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT ADMIN. DEPT. D ONE OF THE FOLLOWING (See back for details.) ./ CHECK ONE: C]SOCIAL DCHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY C]FRATERNAL ORELIGIOUS INSTITUTION D PATRIOTIC DPHILANTHROPIC INSTITUTION ~POLITICAL Â£ POLITICAL CANDIDATE U ATHLETIC |NMUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE 2110 Â® MALL VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 m FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Tow N OF ar-es PAr (c- Museurn De-fit 0 3-0,2-fo 9~00 0 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (inclgle street, city/town and ZIP) (include street, city/town and ZIP) F (D 80* (200 zoo Fborih 9-1 Ep Ta S FA rt- 4-0 2 0 sin 86Â·rES -Ark, cs 10 5/3 1 NAME' DATE OF BIRTH HOME ADDRESS (Street, City, Statd,' ZIP) r PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE 5. EVENT MANAGER 824 Kils-cl DAL + 11-60 16. HAS APPLIdANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? 1 ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ~ NO ~ YES HOW MANY DAYS? ~ NO ~ YES TO WHOM? 1 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? Il Yes m No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT ' Date Â£4/2.9/9, Date 9 1 toi 97 Date (1 /20 /97 Date Date Hours From :5* 9 .m. Hours From 5 -2 .m. Hours From ~ ,~.rn. Hours From .m. Hours From To 7 2 -m. To T f.m. To .m. To .m. To - OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and .that all information therein is true, correct, and complete to the best of my knowledge. SIGNAT~ ~ TITLE frtuotum Dir < O6n_ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) 2 CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK E COUNTY SIGNATURE TITLE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL. -750 (999) (Instructions on Reverse Size) E E DR 8442 (06/97) Page 1 2 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET PERMIT APPLICATION DENVER CO 80261 205-2300 & REPORT OF CHANGES CURRENT LICENSE NUMBER 03- 1/0 4 9.- 0000 ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN LOCAL LICENSE FEE $ 418-22 APPLICANT SHOULD OBTAIN A COLORADO LIQUOR & BEER CODE BOOK TO ORDER CALL (303) 321-4164 D0 N0T WRITE IN THIS SPACE 1. Applicant is a PRESENT CLASS OF LICENSE U Corporation Â® IS~ik~ 3,2-3 Beer E Partnership D Limited Liability Company PRESENT LICENSE NUMBER 2. Name of Applicant 3. Trade Name 0 3-3-1042_ 0000 Lions clayot Est*Â£ pa-r k l.-/'o-Â¥1 5 BUSINESS TELEPHONEr 970 - 5-8-6 -4 G U 4. Address 1 k 09 A 0--,1-ft Â¥ 4 h ve- P-0 Â· Bd*. 10/6 City County ZIP E s te.s Fo-rk- 1 . Pâ‚¬Z- r i Â»A ev- tog- 17 Select the appropriate section below and proceed to the instructions on page 2. SECTION A - DELIVERY PERMIT SECTION C 1) O 2210-100 (999) Retail Warehouse Storage Permit (ea) ....... $ 50.00 â€¢ License Account No. 2) O 2320-100 (999) Wholesale Branch House Permit (ea) ............ 50.00 3) O 2320-100 (999) Change Corp or Trade Name Permit (ea)....... 25.00 O 3.2% On/Off Premises Only ................................ NO FEE 4) El 2230-100 (999) Change Location Permit (ea)........................ 100.00 Il Liquor Store or 0rugstore .................................... NO FEE 5) ~2280-100 (999) Change, Alter or Modify Premises $100.00 x / Total Fee~/0 0 9.g SECTION B - MANAGER REG/CHANGE 6) CJ 1980-100 (999) Addition of Optional Premises of Existing H/R $75.00 x Total Fee 7) El 2340-100 (999) Bed and Breakfast Permit .............................. 25.00 â€¢ License Account No. SECTION D - DUPLICATE LICENSE 1970-750 (999) O Manager's Registration (Hotel & Restr.) ....... $75.00 â€¢ LIQUOR LICENSE No. O Change of Manager (Other Licenses)........ NO FEE 2330-100 (999) DUPLICATE LICENSE ................................. $ 25.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY DATE LICENSE ISSUED LICENSE ACCOUNT NUMBER PERIOD e - TOTAL -100(999) i '0% H 1 /'-711~---Ad - t. t ~---77-~-TELsbk,frovER'~~D ' ~~5 ~ 'k - to / / 1 -- -------=--4 ' ~~\ A ' ~7,;7 -- -- Mt, I MM 3 8 i/1 . 1 -- 39\4 0101 O.JQ -[- j 59 .(- 1 73 Â·.a 1 .0\\ 11] 33 91 1 1 0% 1 4/1 I I , * 44 / tarin A Plw @42 i e - /64-0Â« 1 // / sT) ) li 2.- 4/ 4[ 2/ A- -/0,9 0 69 , 4-11\0291...,; 1 / b * 4, V. /'.Ak / Ch / N / /. A.gy , 0/ *AG'-,/ i : 1 < 1 9 1 /*.3 1 3 7 . 1 ; i l i '0 i,j+c,) i lfÂ«k~ 9Â¢9 Jo / / 0 - i /4/Ih V -iff#41/ i ' , f i#1 4+U f , X 4. 1 2 * 1 i / 9 ..1%< 1 . X 1 4 4 1 0 , 9.fe f/. 0 N 1 5) I 4 -. f M U 22 t-, ..4 i /1 1- , 61 / U l. 4 1. r rNG // umb 11 1 JIFI ; /l i Alll**1/LIC'/MlirA,qvr EXHIBIT "A" EXCLUSIVE FOOD. AREA LIQOUR LICENSE AREA 902 1 1 1 f. TOWN OF ESTES PARK gmly th,2) Police Department =:re",44) A U....,rt..,27-Ne,J'i*,4./WG,&0- =i#,-' v. . * 9,- ulph# 4''JA..7,#971( 4.1.Â·>M_ 4 =#0499 // 1 1 -f\- 1 January 5, 1998 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: East Side Food Store 3.2% Retail Beer, Off Premises Thomas S Kim 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 East Side Food Store. Sincerely, pRJ 42.2 k Randy Repola Chief of Police RR/psa (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 . â€¢~ FAX (970) 586-4496 ,#511 DR 8404 (06/97) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFbRCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE ~ENVER CO 80261 RETAIL LICENSE APPLICATION O NEW LICENSE N TRANSFER OF OWNERSHIP O 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 0 Individual O Corporation El Limited Liability Company U Partnership (includes Limited Liability and Husband and Wife Partnerships) El Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation -Ttlat'VIA< 47E : O/1/1 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone Aut <72/2 7& 0 4 447-re. 3. Address of Premises (specify exact location of premises) 38 / S. 4 l )'CCErvÂ· 4.LLA - '22 City County State ZIP Code 5,4-4 6>06/14 L,A A #*le-A 09 & Dell 4. Mailing Address (Number and Street) City or Town State ZIP Code 4409 9 / ICUFf eli Ou> 4-6~ All 65 ,#001 9- 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 of License Present Expiration Date 76%46 474- 71,4 91-bre- 03-*09*-000 a.*vi-em ,Â»toe 27/9//94' SECTION A APPLICATION FEES UAB SECTION D LIQUOR LICENSE FEES 6 Il Late Renewal Application Fee ................................ $500.00 1940 E Retail Liquor Store License (city) ........................$202.50 2300 El Application Fee for New License .............................. 650.00 1940 Â¤ Retail Liquor Store License (county) ..................... 287.50 2300 O Application Fee-New License Concurrent Review.... 750.00 1950 0 Liquor Licensed Drugstore (city) ..........................202.50 2310 01 Application Fee for Transfer of Ownership ............... 650.00 1950 El Liquor Licensed Drugstore (county) ..................... 287.50 SECHON B 3.2% BEER LICENSE FEES 1966 Il Beer & Wine License (city) ...................................326.25 2121 U Retail 3.2% Beer On Premises - (city) ...................... $71.25 1960 0 Beer & Wine License (county)..............................411.25 2121 E] Retail 3.2% Beer On Premises- (county)..........,........92.50 1970 El H&R License C]city C]county .........................475.00 2122 9 Retail 3.2% Beer Off Premises - (city) ........................ 71.25 1980 OH&R Licensew/opt Prem []city Ocounty.....,475.00 2122 Â£ Retail 3.2% Beer Off Premises - (county) ................... 92.50 Il Club License [lcity C]county...........................283.75 2123 0 Retail 3.2% Beer On/Off Premises - (city) .................. 71.25 2010 O Tavern License Clcity C]county........................475.00 2123 O Retail 3.2% Beer On/Off Premises - (county) ............. 92.50 2020* U Arts License O city C]county.............................283.75 SECTION C RELATED FEES AND PERMITS 2030 Â¤ Racetrack License El city m county ....................475.00 2040 0 Optional Premises License m city Clcounty...... 475.00 2210-100 (999) ~ Retail Warehouse Storage Permit ....,..,.......,.,.... $75.00 1905 0 Retail Gaming Tavern Lic Ocity m county........ 475.00 1980-100 (999) Â¤ Addition of Optional Premises to existing hotel/restaurant 1975 0 Brew-Pub License 725.00 $75.00 x Total Fee 1970-750 (999) D Managefs Registration (hotel & restaurant only) ... $75.00 0 Other No Fee O 3.2% Beer On/Off Premises Only Delivery Permit No Fee C] Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY UABILITY INFORMATION County City Industry Type License Issued Through License Account Number Liability Date (Expiration Date) State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) 1970-750 (999) . Cash Fund New License Cash Fund Transfor Liconsi 2300-100 2310-100 TOTAL (999) (999) DR 8404 (06/97) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? 0,0 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? m E (b) had an alcoholic beverage license suspended or revoked? ma (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 02 If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. m 09 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. m WI 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of mÂ® Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any 00 current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? 00 U Ownership El Lease m Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord . f , Tenant Expires v.- - - - 7,00% phz* f Obri442- *fr e.- ~-ElwMA 4 4 0 6Â·-000(,vi Attach a diaglam and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. Cl Â® Number of separate Optional Premises areas reqi lasted 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. m 0 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and 0 iÂ® not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is mÂ® operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? m@ (Copy of notice or application must be attached) Date of Birth Hotel & Restr. Lic. 17a. Name of Manager (If this is an application for a Hotel Yes No and Restaurant License, the manager must also submit an Individual History Record (DR 8404-1). 0 N 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. m 0 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest 0 0 in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. DR 84044 (02/94) COLORADO DEPARTMENT OF REVENUE ~ ALL INDIVIDUAL HISTORY RECORDS MUST BE LIQUOR ENFORCEMENT DIVISION 1375 SHERMANSTREET Â· 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 basicinformation which is necessary forthe licensing authorities investigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) 1=62 9,42 -644 94-aye__ /416{94 4 kÂ»- Ul -8=-It 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) K//4 0 -7-homtc~< BK (-90712) 4. Mailing Address (if different from residence) Home Te!ephone Â«4/>77â‚¬ (0031 /766-4*71 5. Residence Address (street and number, city, state, ZIP) 4*00 4, hat-#pell 40 AutoRÂ« (,Â© , POD It-- 6. Date of Birth Place of Birth 7. U.S. Citizen? 1 - > 4 - 9.7, Move o- IB Yes ~ No It Naturalized, state where When Name of U.S. District Court De,n O ev 09. 19E& Denuey Naturalization Certificate Number Date of Certificate 11 an Alien, Give Alien's Registrauon Card Number Permanent Residence Card Number 192334\6 5 EP r IS, 19 g 9 A) 'R /VIA 8. He~ht Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state C 100 ltv AUL 820 ul Â· G Yes El No (04,2 -/3/- 9/9 o ame 01 Present Employer 11. Type of Business or Employment -1-honv,A 4 /3>47,1- c Â»1, LAO Â· 01,0/neÂ«~ ~ 12. Address of Business Whede Employed (street Oumber, city, state, ZIP) Business Telephone \ 4110 t- 4, Edlkpell <10 AL,Roto~ t.Â®. &89 It-- (_w)*3 -766-t-#41 13. Present Position Olll v" . 14. Marital Status 15. Name of Spouse (incluye maiden name if applicable) Mocy,AJ ah Â»' 4-Â»-el C Â£ IL.1- 16. Spouse's Date of Birth Spouse's Place of Birth 9 1/>1 6 o klyreÂ«_ 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) '*mt.t 18. Spouse's Present Employer _ Occupation 9/A 19. Address of Spouse's Present Employer NIA. 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 N~A o you now, or have you ever held a State of Colorado Uquor or Beer Ucense, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail ' D Yes. .N No .. CONTINUED ON REVERSE SIDE - DR 8404-1 (2/94) Page 2 22. Have you everbeen convicted 01 a crime, or received a suspended sentence, deferred sentence, or forfeited bail forany oMense in criminal or military court? ([Do not include trallic-7 violations, unless they resulted in suspension or revocation of your drivets license, or you were convlcted of drMng under the influence of drugs or alcoholic beverages.) If yes, ' | explain in detail. 0 Yes ~2<No 23. Have you ever received a violation notice, suspension or revocation for aliquor law violation, or been denied a liquor or beer license anywhere in the U.S.? 11 yes, explain in detail, D Yes Â¢@ No 24. Military Service (branch) From To Serial Number Type of Discharge AIA PJA A)}A RIA NIA 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER .CITY, STATE, ZIP FROM TO /440> 4, LOcue ~ /9" ia,BA ge , POD /*- '489 6/94 .I 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 8adeooÂ«4 (-74*o.u 4-rÂ«. 2/ t:9 U) , 9lg'' Cw.-t VÂ»kmrAâ€ž Alce,tr~ev 4- /gt /0/96 V 76 0 hyt a pie Ji~ CLL /4 LF b 4. 1/30-* 4 4~iÂ¥42.# c&2,4 11>uom w /Â°MD *>/94 27, What is your relationship to the applicant? (~eowne~partner, corporate officer, director, staci,holder, member or manager) 28.11 stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned A)la Wl A 29. If partner, state whether O General O Limited - Percent ol Partnership Owned If Limited Liability Company (percent owned) NIA Al<A RI A 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) s- Amount $ 2,20>022 22_ 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 al! 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 ~*9147-ele Ax.7,2 4 / 6,0>4-9/ 1-44404 4.IA-, dir.4Â».-â€¢ cul441 % 6 D, 00 0 29- A---5.(Nor [10-kt (1.,rl,n,n - 4 cfs,bt $ 1101 000 2- A/Ote 24-,7 vaa*le. Fbm Â£40Â¢ uwvY=r 4 L 60 c,/0 8 gam 16_-.4 /92000444-in 4 t.. -ArsTLE2 655 672 ~ JUG -- 21-j- 2 5 1 9* Oath W Applie?.4%4%44*54#,MWA*6*612Â£#3*ivi /YÂ«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 OU) thÂ·eÂ« i>b q 9 9 e.0 TR& G The Woodlan(Is â€¢ RiverWood â€¢ Galena Street Inn A Collection of Mountain Inns January 31, 1998 Mr. Gary Klaphake Administrator Town of Estes Park Estes Park, Colorado 80517 Dear Gary, I regret that due to increased demands of our businesses, it is necessary for me to resign my position as a commissioner on the Estes Park Planning Commission. I had hoped to be able to remain until the new Estes Valley Planning Commission was in full operation, but my winter duties preclude my being in Estes Park on Tuesdays until beginning in May. This would result in my missing the February, March and April Planning Commission meetings. I have enjoyed the opportunity to serve on the Planning Commission and would hope that I might be able to serve the town in some capacity in the future. I have greatly appreciated the fine assistance and abilities of the town staff, Chairman Sager and the other commissioners and wish every success to the new Estes Valley Planning Commission. Sincerely, 8 Jplin Gilfillan xc: Mr. Steve Stamey Mr. Al Sager The Woodiands on Fall River Riverfront Suites RiverWood on Fall River Condominiums Galena Street Mountain Inn 1888 Fall River Road 525 Fall River Lane Ist Avenue & Galena Streets - PO Box 417 Estes Park, Colorado 80517 Estes Park, Colorado 80517 Frisco, Colorado 80443 800.721.2279 www.estes-park.com/woodiands 800.343.4554 www.estes-parkcom/riverwood 800.248.9138 www.colorado-bnb.com/galena RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION TO REAPPROPRIATE THE TOWN OF ESTES PARK'S 1997 ENCUMBERED FUNDS TO THE 1998 BUDGET. WHEREAS, the Town of Estes Park's accounting system incorporates a purchase order system which encumbers the budget when commitments are made; and WHEREAS, encumbrances that were not liquidated in calendar year 1997 are reserved from the Ending Fund Balances; and WHEREAS, the Town of Estes Park intends to carry forward to 1998 the encumbered budget authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The following 1998 budgets be amended to carry forward the 1997 encumbered funds. 1998 1998 Original Revised Fund Encumbrance Budget Budget General 315,116 9,345,282 9,660,398 Museum 16,692 207,434 224,126 Conference Center 150 511,472 511,622 ConservationÂ· Trust 10,000 32,674 42,674 Special Events 2,580 506,039 508,619 Open Space 4,382 73,374 77,756 Park Entrance Estates SID 1,629 0 1,629 Light & Power 54,729 8,065,352 8,120,081 Water Fund 111,692 2,510,272 2,621,964 2. The reservation of the 1997 Ending Fund Balances is the funding source for the budget amendments. ADOPTED this 10th day of February, 1998. Mayor ATTEST: Town Clerk SENT BY:GREGORY A WHITE B; 2- 6-98 1:18PM ; 97066725274 970 586 2816;# 2 DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this day of , 1998, by and between Dr. Rick L. Dill, d/b/a Animal Medical Center of Estes Park, LTD., C'Dill") and the Town of Estes Park, a municipal corporation, (the "Town"). RECITALS WHEREAS, Dill operates a veterinarian care facility located at 1260 Manford Avenue in the Town which facility includes kennel facilides; and WHEREAS, to the east of Dill's property is located the Lone Tree Village housing complex; and WHEREAS, kencels are a permitted use in the C.O. zoning district of the Town of Estes Park in which Dill's property is located; and WHEREAS, Dill desires to expand his kennel operation on the property; and WHEREAS, the expansion of Dill's kennel facilities on the property will inevitably lead to noise intrusion into the I.~ne Tree Village housing complex; and WHEREAS, the parties desire to mutually agree to ameliorate the affects of noise and other off sight intrusions by Dill's kennel into the Lone Tree Village housing complex; and WHEREAS, the parties agree that a buffer consisting of a concrete wall is necessary to reduce conflicts between the occupants of the Lone Tree Village housing complex and Dill's property. Thc construction of the wall will lessen those conflicts and promote public health and welfare in the area. NOW, THEREFORE, in consideration of the terms and provisions of this Agreement and the above recicals, che parties agree as follows: SENT BY:GREGORY A WHITE B; 2- 6-98 1:19PM ; 9706672527-4 970 586 2816;# 3 Szzion-1. At the time of expansion of Dill's kennel facility, Dill shall construct a concrete block wall as the same is more fully set forth on Exhibit "A" attached hereto and incorporated herein by reference. Said wall shall be eight fcct in height and built to specifications mutually agreed between the Town and Dill. Upon completion of the concrete block wall, rhe Town shall pay Dill the sum of $10,000. In the event that the total cost for the concrete wall is less than $10,000, including all necessary surveying, cxcavadon and building permit, the Town shall pay only the total sum of the project cost In the event that the cost of the concrete wall is greater than $10,000, Dill shall be responsible for the amount over $10,000. Prior to the payment of the $10,000, the Town shall inspect the project to determine whether or not it conforms to the terms and conditions of this Agreement. The Town's payment shall be predicated upon the performance by Dill of the tenns and conditions of this Agreement The wall shall be built prior to or at the same Hme as the expansion of the kennel facilides. The expanded kennel facilities shall not be used until the wall are completed and has passed che Town's inspection. Sec~n_2. Dill shall obtain all necessary building permits for the wall. All costs of said building permits shall be the responsibility of Dill. Securn.3. Dill shall enlarge the kennel and the wall in accordance with Dill's own schedule. By entering into this Agreement, Dill shall not be obligated to enlarge the kennel. Section 4. Following completion of the wall it shall be the responsibility of Dill to maintain the wallin good condition and repair for a period of 20 years from the compledon of the wall. In the event the concrete wall is destroyed by reason of a cause not attilbutable to negligence on the part of Dill, the parties shall mutually agree on the reconstruction of the wall. 2 SENT BY:GREGORY A WHITE B; 2- 6-98 1:19PM ; 9706672527, 970 586 2816;# 4 Section.5. This Agreement shall begin on the day of approval of this Agreement by the Board of Trustecs of the Town of Estes Park and shall terminate on December 31,1999. This Agreement may be renewed solely ac the option of the Town by notice to owner on or before December l't of each year. This Agreement is subject to annual appropriations of the payment set forth in paragraph 1 by the Town. The Town is not obligated by this Agreement to make any payments in any Scal year beyond thc fiscal year for which the funds are api,roptiated for the payment thereof of make payments by any funds of the Town other than funds appropriated for the payment of current expenditures. All payment obligations of the Town under this Agreement are from year-to-year only and do not constitute a muiÂ®le-fiscal year direct or indirect debt or other financial obligation of the Town. The parties acknowledge and agree that the payment hereunder shall consticute a current expenditure of the Town payable only in the fiscal year for which funds are appropdated for the payment thereof. SecticaL. The provisions of this Agreement shall constitute a covenant which shall run with the propcrry, a legal desczipdon of which is set forth on Exhibit "B" attached hereto and incorporated herein by reference, comprising Dill's property. The burdens and benefits hereof shall bind and inure to each of the parties hereto and all assigns and successors in interest to the parties hereto. Section 7. This Agreement shall be recorded in the records of the Clerk & Recorder of Larimer County, Colorado. In the event the Town does not renew this Agreement under the terms and condirions of paragraph 5 above, this AgIeement shall terminate. Scctigo..8. Subject to the provisions of paragraph 5, the terms of this Agreement shall commence upon the effective date and extend undl the 20th anniversary of the effective date unless extended by mutual agreement of the pardes. Section 9. For the purposes of this Agreement Dill shall be responsible for all contracts for the construction of the wall and all payments for construeâ‚¬on. Dill shall hold the Town harmless and indemnify the Town from any and all claims, damages, judgments or other matters atising from the construction of the wall. This indemnity and hold harmless shall include all 3 SENT BY:GREGORY A WHITE B; 2- 6-98 1:20PM ; 97066725274 970 586 2816;â€¢ 5 reasonable arcomeys fees and court costs incuffed by rhe Town in the event of any claim by a third party, S=tion.1Q. The Town agrees, other than obtaining Ihe appropriate building permits for the kennel enlargement and the construction of the wall, Dill shall not need any further approval by the Town for colargement of the kennel and/or the construction of thewall. Section 11. In the event a parcy is in default of any provision of this Agreement, the non-defaulting party shall give the defaulting party 10 days notice in writing specifying said default. If said default is not cured within sid 10 day period, the non defaulting party shall be entitled to declare this Agreement in default and may initiate litigation to remedy the default including an acdon for specific performance and/or damages. Thc non defaulting party shall be entitled to all reasonable attomefs fees, expert witness fees and court costs incurred by the non defaulting party by reason of said default. 3*ti*-12. Notices may be affected to eirher party by mailing, by Erst class mail, to each party at the addresses provided below: The Town: Town of Estes Park Attn: Mr. Gary Klaphake P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 DILL: Dr. Rick L. Dill, d/b/a Animal Medical Center of Estes Park, LTD 1260 Manford Avenue Estes Park, CO 80517 Section 13. General Provisions. A. Thih Agreement shall be governed by Ihe laws of the State of Colorado. Venue of any litigation regarding this Agreement shall be in Latimer County, Colorado. B. This Agreemen[ is made and entered into for the Bole protccdon and benefit of the parties hereto, No othef patty shall have any right of action or claim based upon any provisions of this Agreement. This Agreement consdrutes a complete and entire 4 SENT BY:GREGORY A WHITE B; 2- 6-98 1:21PM ; 97066725274 970 586 2816;# 6 undentanding of the parties and supersedes all other agreements either Ofal of in wridng between the parties hereto. This Agreement may be amended only in wridng by the parties hereto. TOWN OF ESTES PARK DR. RICK L. DILL, d/b/a Animal Medical Center of Estes Park, LID By: BY: Mayor ATTEST: By: Town Clerk STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) The foregoing Development Agreement was acknowledged before me this day of , 1998, by Dr. Rick L. Dill. WI'INESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public STATE OF COLORADO ) ) 88. COUNTY OF LARIMER ) The foregoing Development Agreement was acknowledged before mc this day of , 1998, by - - , Mayor and , Town Clerk. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: - Notary Public 5 AMENDED PLAT OF A PORTION OF THE NW 1/4 OF THE SW 1/4 0] SECTION 25, T5N, R73W OF THE 6th P.M. & LOTS 4, 5 AND A PORTION OF LOT 3, HIGH PINES SUBDIVISION All of Which is Located in the SW 1/4 of Section 25, T5N, R73W of the 6th P.M. County of Larimer, State of Colorado VICINITY MAP NO SCALE PINE RIVER SUB. .Q*MEE; JOHN HENRY -/40- 401 RIVERSIDE DRIVE ESTES PARK, CO 80517 0 / (970) 586-3243 . ,,# / f v,//' **ISITE . - 4Â¥/,a BREEARED-BI; <29,1 1-e)/ VAN HORN. ENGINEERING P.O. BOX 456 PINES 1043 FISH CREEK ROAD * ESTES PARK, CO 80517 / 0 19 (970) 586-9388 44 h Â»fy, ~___, T5 N 435 36j ~ /"/FOROPU/LISHING CO. RECORD OF PROCEEDINGS Planning commission - Decemoer 16. 1997 Page 3 4.b. _Ampnelprl Plat. Platt of a Portion of tÂ·he SW bf Section 25, TSN, R73W of thâ€¢ 61-h P.M â€¢Inrl T.ntâ€¢ 4. 5 And A Portion of T.nt 3.,._High__Rinel_qi,hcliviginn. 401 Rive,-Al/Im nÂ·rive, John H. and MArria A. Renry/Applicant-9. 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 HornÂ·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. IRAO-- PUILI"INGCO. RECORD OF PROCEEDINGS Planning Commission January 20, 1998 3. RPROTAT. 121:VTEWR 3.a. cirecial Review 97-04. Rt-Â·rept-q of Esl-eq Park. Shayne ropper - flha Pe,Arli qp . Carri AOB/Appli ran f (Continued from 12/16/97) This request is for horse-drawn carriage rides for the public on the streets of Estes Park. Attorney Richard Ball, Applicant's representative, reviewed Paradise Carriage history, Mr. Copper's experience and noted 4 people are involved when there is a carriage ride in Estes Park. Melanie Patton, of Masonville, runs a Wedding Emporium in Masonville and is responsible for marketing and reservations. Ms. Patton stated there will be no carriage rides on busy holidays such as July 4th. Cynthia Hoopshle explained the business began 2% years ago, safety is their first concern, a 'slow moving' placard is utilized, a pilot car follows which is responsible for manure removal. Requests are usually for weddings or anniversaries and she noted Mr. Copper is familiar with Estes Park streets and traffic. Mr. Ball provided the Commissioners with a picture album of the catriage used and stated the insurance is for $300,000. Town Attorney White explained the limits are determined by the State and must be Â·- $150,000/$600,000. Senior Planner Joseph reviewed staff ~ comments noting a device to collect manure is recommended. Police Chief Repola explained a device is safer and more ~ efficient. Chief Repola also discussed safety issues regarding street widths. Mr. Joseph noted correspondence has been received from Cathy Hughes and Holly Erwin (Black Canyon Carriages, Inc.). Cathy Hughes was also in the audience and questioned if approval would only include weddings. Chair Sager noted the request is not limited to only weddings. It was moved and seconded (Brown/Pohl) Special Review 97-04, Streets of Estes Park, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. â€¢ No staging of this operation shall be allowed from public property within the Town without prior approval of the Town authority responsible for the property involved. No stopping for solicitation of business shall be allowed on public property within the Town. Applicants shall provide a copy of Certificate of Insurance for a minimum of $150,000/$600,000. No signage on public property within the Town A Business License shall be obtained. If traffic conflicts or other use conflicts occur on the streets, Town Staff is authorized to restrict operations until the problem is corrected. â€¢ Equipment on carriage shall be equipped with brakes, and lights (if the operator intends to provide service after sunset) and a "slow moving vehicle" placard attached to the rear of the carriage. A sanitary device shall be provided to capture manure. Route usage shall be restricted to streets with adequate shoulder, multi-lanes or streets 25 mph or less as per Chief Repola's Memo dated 12/16/97. â€¢ Routes not related to weddings shall be same as existing carriage route (Route approved for Black Canyon Carriages). .. ... 0 0 4.4//1// 1 *4..1.a.~t#102 - rrt#:FE /7 -1ki;x ./7 -1~ \ Ittgn/1/1, a ,/17777 i,J..1,8 \ 1 9 1 I ~-0 \ 9 11 /#/ jil /' #1 I l* izi 11 11 a + f /9 1 404/ i Uull blljj 11 1 ! 1.1 U rl 0Ulf0 â€¢IA .Ulft â€¢10 66/fâ€¢ â€¢2 .di,0 â€¢30527/7/1/4/1/6 1 id /i,/i//g,+ \ *Ulft â€¢30 Aill '07#qi, u 'Ifilli# f//1/.4 - ELL/ill f /.1 /AR,..A.--.2 ///Â»5550% 1 m. t/"1!Ir-- 0/1/*h. \ '/Uum vA 1#7/1,/â€¢ -\- ..11/ .0 / , * 'iti,il V. 0, */2/ Ul 1 '111 2 /7 I / 4 6GAI,6 : 10 - 30Ff. 71 .u'll â€¢6 . Aff 1: FGAN V 1 6.W 7 C .5-0 . .--0 |16 I H La te_ Aven(Le_ E 1 0 â€¢RAO,OROM,â€¢LISHIN, Co. RECORD OF PROCEEDINGS Planning Commission - January 20, 1998 Page 3 3.h. Sperial N.view 98-01.. T,nt-q 2. 3&W M.of T.nt- 4. Rlock 2. Lone_Pine Arreq AA,Uition. T.akevi ew Pla,a.. 1751 N. T,ake Aventle., Lori Jpffrey-LApplicank. This is a proposal for an indoor playground. Applicant Lori Jeffrey explained the project will be a family entertainment center including music, snacks, crafts, etc. A parent or guardian must accompany their children; it will not be a drop off center. Mr. Joseph reviewed the Staff report recommending approval. Audience comments: Sue Langdon, 1840 Raven Avenue, who had questions regarding operating hours, noise, age group, loitering, how many children parent/guardians may bring. Ms. Jeffrey responded stating hours would be 9:30 a.m. - 8:00 p.m. (9:00 p.m. winter), 7 days a week. Some parents/guardians may bring a group of children, target age will be 4-14, other activities will be available for older children. Staff members will be on-site with t-shirts or vests to designate their status. There is a potential for future activities to include field trips in RMNP. Joe Wise, Ponderosa Realty, spoke representing Douglas and Carolyn Peal who own a home on Raven Avenue. The Peals are concerned as they believe the construction of Fairbanks Center has reduced the value of their home. Mr. Wise expressed concerns with the height of the building, the threat of proposed activity and related noise on the Peals' view and value of their home. Staff stated Fairbanks Center does conform to setbacks and was approved by the Planning Commission. The Plan was submitted without architectural elevations and usage was proposed as retail/office space. Dave Fairbanks stated he purchased the property in 1994 and there have been no changes in the original concept, they planned for a 30' building and built one 25'. There is appropriate insulation/sound proofing and fireproofing. Director Stamey responded to earlier concerns voiced by Mr. Wise regarding the zoning of the Peal property. Recognizing the value of this proposal, it was moved and seconded (Burgess/Brown) Special Review 98-01, Lots 2, 3&W M of Lot 4, Block 2, Lone Pine Acres Addition, Lakeview Plaza, 1751 N. Lake Avenue be favorably recammended to the Board of Trustees, and it passed unanimously. AMENDED PLAT of LOTS 7 & 8, THE RESERVE, FIRST FILING LOCATED IN SECTION 19, T5N, R72W OF THE 6th P.M County of Larimer, State of Colorado VICINITY MAP NOT TO SCALE SITE - STANLEY ~ HEIGHTS /1 Tro#N-#T.<01 -Of LÂ«_-11- --/'S/---eL_ i qp 003 _ zy 46 /:2*32 A - 11 11/E, A -1_ IL=ll tiyll- ~i*L_~6 LAKE ESTES ---./- 105Â·29Â·34 ' -1,1=9 j ..AD,0.:PuaLISH"""co. RECORD OF PROCEEDINGS planning Commission - January 20, 1998 Page 4 * 4.h. Amendpri Plat.. Lot--s 7 and R, The Nemprve. First Piling: 1175 Cr,yotte Nin- Gall and Charleq 'Renning/Applirmnt-= This is a proposal to combine two lots into one lot. Mr. Joseph reviewed the Staff report. Applicant's representative, Bill Van Horn, was present. There were no audience comments. It was moved and seconded (Brown/A. Hix) Amended Plat, Lots 7 and 8, The Reserve, First Filing, 1175 Coyote Run, be favorably recommended to the Board Of Trustees, and it passed unanimously. AVE\DED D LAT 0- GREY --OX ESTATES T CEDAR RIDGE, 2nd FILING LOCATED IN THE W 1 /2 OF THE SW 1 /4 AND THE SW 1 /4 OF THE NW 1 /4 OF SECTION 1, T4N, R73W OF THE 6th P.M., LARIMER COUNTY, COLORADO ARAPAHO MEADOWS ~ ADD. 9.P N I / 0 Z 0 E a 0 1~ SCALE: 1" = 100' 100 200 300 id 1% 0 EGEND f - 4/ -OUND MONUMENTATION ROAD OUND #4 REBAR AND UME PREPARED BY: VIEW " PLASTIC CAP #9485 VAN HORN ENGINEERING - 12 P.O. BOX 456 'LATTED DIMENSIONS OUTSIDE BOUNDARY) 6 1043 FISH CREEK 3 /47 ESTES PARK, CO 80517 CARRIAGE C -AA 10 DIMENSIONS (303) 586-9388 ~ HIL~~s#*~P OR,u...... DIMENSIONSI VICINITY MAP as: rf WATER SERVICE ABOVE THE ELEVATION OF 8120 FEET WILL HAVE TO HAVE A PRIVATE PUMPING SYSTEM DESIGNED ' AN ENGINEER AND APPROVED BY THE TOWN OF ESTES PARK. THIS AFFECTS LOTS 22, 23, 25, 26, AND 29. IY DRIVEWAYS WITH GRADES ABOVE 14% WILL BE REQUIRED TO BE DESIGNED BY A PROFESSIONAL ENGINEER TH SPECIAL ATTENTION TOWARD EROSION MITIGATION. 84*D~OMDPWILISMINGCO. RECORD OF PROCEEDINGS Planning Commission - January 20, 1998 Page 4 ' 2: 4.c. Arn.nAAA 'Plat.,. Grey Fnv 129 1Â·A 1-Aq- m P rerIA,- 314,19,t Fl,-9 . And Reenne'l 1741#ng. Ah,1 1-1-4ng thâ€¢ WaqtÂ· 'Rn,ine'l,ry of O,â€¢rriegA Willqr 12Â·Irho,r,1 And Ann Rarlnw/Appl Â·Irant-q This is a proposal to " realign street right-of-way and boundary adjustments between two lots. Bill Van Horn, Applicantls representative, stated agreement with Staff recommendations. Mr. Joseph recommended approval .with conditions. There were no audience comments. It was moved and seconded (Burgess/A. Hix) Amended Plat, Grey ' Fox Estates at Cedar Ridge, First and Second Filing, Abutting -r the West Boundary of Carriage Hills, be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously. The landscape entry easements shall be labeied as private' easements. Hatch marks shall be added to the subdivision boundaries. The City Limits shall be identified. The labeling of the 55 ft. wide utility easement over the drive on Lot 5 shall be made more clear. 1 ... - ~j, I.- - 11 7--- 2.Ht,rb 0 -4 f V'i J .... . â€¢RADIOID â€¢VILISHING co. RECORD OF PROCEEDINGS . .â€¢ I t' Public Works Committee January 22, 1998 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Water Supt. Goehring, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. ~he*UQRN DRIVE WATER MAIN PROJECT - APPROVAL OF qU~â€¢62-5-kDER. The Coromitâ‚¬Dâ€¢â€¢~ a change cu.,e-f;A Kitchen and Company for replacement -2~QU_ ar,st-~057-in the amount of $1,298.00. Change order is - retroail*Glu_'there were no Committee meetings in November and nad#Sr. The-23;martee-â€¢eggAILe-n-22- approval of the chance.2/9953'-In the amount of $1,298.00, to be--E85!eed.ag~inst the-~07-BUdget. i1. - UTILITY EASEMENT VACATION - ELK RIDGE CONDOMINIUMS - APPROVAL. 7 In a letter dated November 17, 1997, Estes Park Surveyors , requested approval to vacate two utility easements that were originally dedicated to the Town when Mountain Fairways Condominiums was developed east of Matthew Circle. The easements .. â€ž covered an existing water line and electric line that served the development; however, they were located upon the neighboring property which is now known as Elk Ridge Condominiums. Both lines have now been relocated and the easements that cover their ~ + new locations were shown on the Amended Plat Of Thirteenth Fairway Subdivision. Both Departments have recommended approval of the vacation. The Committee recommends approval of the request to vacate said utility easements, authorizing Town Attorney White to prepare an Ordinance. WATER DEPARTMENT/LIGHT & POWER DEPT. GLOBAL PC)SITIOrfE- SYSTEM Â· ~ -REQUEST AUTHORIZATION TO PURCHASE. r <+ 4 Â· Shawn Kraft--Thted that $16,000 ($8,0.[104~~pt-.) was budgeted in , 1998 for the p628Â»â€¢ae of a Global/fositioning System for GIS 2 mapping. Four veK38pt--weaâ€¢'053ntacted for verbal quotes: Trimble, Magellan, Ashtech,)11<Sokkia. All were within a $1,000 ' C price range of each ~r, -'Pitt. Trimble being the lowest. Trimble' s signal teâ‚¬~4Iogy offered-the*greatest accuracy. A GPS unit will allow HB0'ting of the utility 216,b-ase maps with a one- man surveying 9*ew. The system includes sabi#Lite transmission of a signal/fo a GPS receiver which is hand-Rh4~y a field person. 2Â§ coordinate information is then relayed iFT,B..2 hand- ~ held mg~Eor. The Cornmittee recommends approval of the -B.1,[get exp-~fture of $15 ,534.00 for the GPS System from Trimble Naâ€¢fgation. .. 94Â·'- 4 .:2 .:4. A Â¥. ORDINANCE NO. AN ORDINANCE VACATING TWO UTILITY EASEMENTS WHEREAS, the owner ofproperty subject to utility easements has requested that the Town vacate these two utility easements as the owners have granted new utility easements; and WHEREAS, there is no longer any necessity to have these two utility easements proposed to be vacated; and WHEREAS, the Board ofTrustees ofthe Town ofEstes Parkhas determined that it is in the best interests of the Town to permanently abandon and vacate these two utility easements. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Board ofTrustees ofthe Town ofEstes Park, Colorado hereby vacates two utility easements as the two are more specifically described on Exhibit A attached hereto and incorporated herein by reference. Section 2: The Town surrenders any and all right, title and interest to the vacated utility easements. 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 ,1998. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk '44 64 87 GREGORY A. WHITE Â¢ a @BRIFIE a Attorney At Law Al FFR O 2 luvv h* IL.9 t-' ADMIN. DEPT. January 30,1998 Ms. Vickie O'Connor Estes Park Town Clerk P.O. Box 1200 Estes Park, CO 80517 Re: Ordinance for LETA Dear Vickie: Enclosed please find an Ordinance from LETA. Please place this on the next Town. Board Agenda. If you have any quesÂ¢ons, give me a call. Afeg truly yours, f Y 0-_~ uxÂ« ~o~ory A.White GAW/bv Enclosure CC John P. Frey Randy Repola C 4-6 -- 2-74/98 WE PASSED RESOLUTION #16-97 FOR THIS 45Â¢ FEE; HOWEVER, JOHN FREY HAS ADVISED THAT HE SHOULD HAVE SUBMITTED AN ORDINANCE NOT A RESOLUTION, THUS WE ARE CONSIDERING THIS ITEM AGAIN. Vickie ' 1423 West 29th St. (970) 667-5310 Loveland, CO 80538 Fax (970) 667-2527 . ORDINANCE NO. BEING AN ORDINANCE ESTABLISHING A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY EFFECTIVE APRIL 1, 1998. WHEREAS, the Larimer Emergency Telephone Authority was created pursuant to Â§ 29-11-101, et seq., C.R.S., by an Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency Telephone Service, dated November 14, 1990, between certain governmental entities located in Larimer County, Colorado; and WHEREAS, pursuant to the aforesaid statutory authority and by resolution of the Town of Estes Park on May 8, 1990, the Board of Trustees is authorized to raise, lower, or reestablish certain charges for emergency telephone access to be assessed telephone service users in the Town of Estes Park; and WHEREAS, by resolution, the Town of Estes Park most recently approved a telephone exchange access facility charge of forty-five cents ($.45) per month effective January 1, 1998; and WHEREAS, at its most recent regular session, the Colorado Legislature enacted Senate Bill 97-132 in recognition of the increased number of wireless telephone service users in the state of Colorado and to implement provisions for governing bodies to adopt access facility charges for wireless service users in a manner and in an amount consistent with the telephone exchange access facility charge referred to above; and WHEREAS, Senate Bill 97-132 provides that any access facility charge assessed upon wireless service users shall be expended for the purpose of allowing public safety answering points to make changes in and additions to existing equipment to allow wireless service users to receive the same level of emergency telephone service as wireline service users; and WHEREAS, the number of wireless telephone users in Larimer County as a whole and in the Town of Estes Park specifically has expanded dramatically since the original creation of the Larimer Emergency Telephone Authority; and WHEREAS, the Larimer Emergency Telephone Authority is charged by statute and intergovernmental agreement with the obligation of providing emergency telephone services to wireless service users as well as wireline services users; and 1 WHEREAS, in order for the Larimer Emergency Telephone Authority to provide such services as intended by Senate Bill 97-132, the Board of Trustees deems that it is necessary and appropriate that a wireless access facility charge be imposed upon wireless service users in the Town of Estes Park; and WHEREAS, the Board of Trustees finds that the aforesaid facility charge should be set at the rate of forty-five cents ($.45) per wireless line per month; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, AS FOLLOWS: 1. Commencing on April 1, 1998, a wireless service user access facility charge shall be established at the rate of forty-five cents ($.45) per month per wireless line user access facility. 2. Wireless telephone service suppliers providing wireless telephone service in the Town of Estes Park are authorized to collect the access facility charge in accordance with Â§ 29-11- 100.5, et seq., C.R.S. 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. Introduced, considered favorable on reading, and ordered published this - day of ,1998. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk