Loading...
HomeMy WebLinkAboutPACKET Town Board 1998-03-10rl 4 Prepared 3/05/98 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, March 10, 1998 7:30 p.m. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated February 24, 1998. 2. Bills. 3. Committee Minutes: A. Public Works, February 26, 1998 - Approval of budget expenditures: 1. Vehicle purchase (Street Dept. and Water). 2. Van Horn Engineering Scope of Services/Manford Ave. Sidewalk-Baldwin Park Boardwalk. 3. Highway 36 Traffic Counter. 4. Garage Door Operators. 5. Municipal Building Roof. 6. 1998 Water Dept. Loop Project Design and Construction Management/RMC Scope of Services. B. Community Development, March 5, 1998: 1. Authorize Special Events Director Hinze to negotiate a design/build agreement with an electrical contractor. C. Planning Commission, February 17, 1998 (acknowledgment only). D. Board of Adjustment, March 3, 1998 (acknowledgment only). 4. Amended Plat of Lots 7 and 8, The Reserve, First Filing, Charles and Gail Banning/Applicants. 5. Amended Plat of Grey Fox Estates at Cedar Ridge, First and Second Filing, Richard and Ann Barlow - This ·plat is being withdrawn; the Applicant must request future placement on the Town Board agenda. 6. Special Use Permit between Rocky Mountain National Park and Town/Fire Dept. (structural fire protection) - Public , Safety, February 19, 1998. ACTION ITEMS: 1. 1% Limited Growth for Residential Dwelling Units - Discussion. 2. Virginia Drive Right-of-Way Vacation - Public Works Director Linnane: A. Acceptance of Deed of Dedication. B. Ordinance #5-98. 3. Ranch Meadow Utility Easement Vacation, Ordinance #6-98 - Public Works Director Linnane. 4. Public Hearing. Amended Plat Of Lot 1, Hartland Subdivision, a Replat of Lot 7, S. St. Vrain Addition and Lot 1, Esquire Acres Subdivision of Lot 8, S. St. Vrain Addn., John and Susan Baptista/Applicants - This plat is being withdrawn; the Applicant must request future placement on the Town Board agenda. 5. Public Hearing. Special Review #98-02, Mountain Man Subdivision, Total Gas and Stingers, Windy City LLP/Applicant. 6. Liquor Licensing: A. Resolution #3-98 Setting Public Hearing for New Beer and Wine Liquor License Application filed by Sweet Basil Caf&, Inc., 401 E. Elkhorn Ave. B. Transfer of Ownership from Timberline Steakhouse & Lounge/Kenneth E. Nelson, to Phillips Management Systems, Inc., dba TIMBERLINE FAMILY RESTAURANT, INC. 451 S. St. Vrain Ave., Tavern Liquor License. C. Transfer of Ownership from Don R. and Marg Spomer, to Don R., Marg, and Darcy A. Spomer, dba SPUR 66 LIQUOR, 900 Moraine Ave. 7. Resolution #4-98 Lowering the assessment for participants in the Park Entrance Estates S.I.D. #95-1 - Approval - Finance Officer Vavra. 8. Town Administrator's Report: A. Stanley Hall Preservation Project - Selection of Electrical Contractor. -2- , f k 1 Town· of Estes Park, Larimer County, Colorado, February 24,1998 Minutes Of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer .County, Colorado. Meeting held in the Municipal Buildingin said Town of Estes Park on the ·24th.day of February, 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 J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Vickie O'Connor, Town Clerk Absent: Gregory A. White, Town Attorney Mayor Dekker called the meeting to order at 7:30 p.m., and presented the Financial Reporting Achievement Award to Finance Officer Vavra, acknowledging receipt of this award for the eleventh consecutive year. PUBLIC COMMENT: Cub Scout Den Twelve was represented by 6 members who are working on their civics badge, and Mayor Dekker presented each with a Town of Estes Park pin. TOWN BOARD COMMENTS: Trustee Baudek commented that at the EVIA meeting on February 12'h, Mr. Cipolla spoke regarding the 1% growth initiative. Mr. Cipolla made a comment that "with my proposal nobody is taking away property rights." Trustee Baudek questioned this statement, adding that from 1993-97, an average of 67.6 permits were issued for singe and multi-family buildings. Considering the ramifications of the growth limit, and that the average multi- family permit was for 3.3 dwelling units, the total average dwelling units/yr. was then 110. Under the growth limit, (at least for the first year), only 27-28 dwelling permits would be allowed for the entire year. Therefore, it could take a person owning a lot up to four years to be allowed to build a home; they might have owned the lot for 20 years and paid taxes on for the entire period of time. If the past average of 110 requests/year continued, how long could it take this person to build their home? In Trustee Baudek's opinion, the growth limit is clearly taking away property rights and it is, by its nature, unfair to the average citizen of Estes Park. CONSENT CALENDAR: 1. Town Board Minutes dated February 10, 1998. 2. Bills. 3. Committee Minutes: , Board of Trustees - February 24, 1998 - Page 2 A. Light and Power, February 12, 1998: 1. Scope of Services, Electrical Systems Consultants - Approval of budget expenditure. B. Public Safety, February 19, 1998: 1. Purchase Patrol Car, Rains Motor Co. - Approval of budget expenditure. 2. Purchase Air Packs, Western Fire Dept. Supply Co. - Approval of budget expenditure. It was moved and seconded (Hix/Marshall) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. 1998 Organizational Chart. Administrator Klaphake presented and reviewed the 1998 Organizational Chart. A change this year is that the Police, Light and Power, and Fire Departments will now report directly to Ass't. Administrator Widmer in lieu of the Administrator. This year, staff, in conjunction with the Fire Dept., will be studying the Fire Chief position for potential action in 1999. A portion of the Public Works Dept. has been reorganized, structure in the Community Development Dept. has changed as the Advertising Manager and Conference Services Director now report directly to Administrator Klaphake in lieu of Director Stamey. The Museum Director will now have general oversight over the Senior Center, and the Special Events Dept. is attending M.A.C. meetings and this group intends to make some changes on events to ensure the Town is obtaining their value/return on investment. Under EPURA, the Executive Director's position will become part-time and administrative duties will be absorbed by the Administrator (no additional staff will be hired). 2. Senior Center Kitchen Equipment - Award Bid. Town Administrator Klaphake briefed the Trustees on two bids received for Kitchen Equipment and Finishes for the Senior Center: RC Heath Construction ...... $116,950 Sinnett Builders, Inc. ..... $116,395 The Town is prohibited from negotiating this bid due to grant funding. Administrator Klaphake reviewed the Senior Center Budget (the deficient of $6,395 will come from contingency). Trustee Doylen questioned the sufficiency of the contingency fund and staff stated this fund is being monitored very closely. It was moved and seconded (Pauley/Marshall) the low bid in the amount of $116 ,395 submitted by Sinnett Builders be accepted, and it passed unanimously. Don Tebow spoke on behalf of the Senior Center and its members: there is no roof, footing, or much of anything-- but "that's great news." There is no way the Center can thank the Town Board enough for their support, advice and guidance on this project, and they pledged they will be good stewards of the facility. . Board of Trustees - February 24, 1998 - Page 3 3. Stanley Hall Advisory Board - Appointment. . Mayor Dekker announced that Sandy Lerner, CPA is being appointed as Treasurer, and Polly Gunn, EPURA Chairman, is being appointed to assist in providing fundraising and organizational skills. 4. Town Administrator's Report: A. The 1997 year-end Sales Tax Revenues were presented which indicated a total of $4,787,251 in sales tax collections. 5. "The Many Faces of Affordable Housing" - Video. Said video, as prepared by the City of Fort Collins, was presented and viewed by all in the attendance. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 8:15 p.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk ' RECORD OF PROCEEDINGS BRADFOROPUSLISHING.O. Public Works Committee February 26, 1998 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Public Works Director Linnane, Clerk 0' Connor „001L „. ,. _ Absent: Town Administrator Klaphake Chairman Doylen called the meeting to order at 8:00 a.m. 1. VIRGINIA DRIVE RIGHT-OF-WAY VACATION REQUEST (311 VIRGINIA DR.) - UPDATE/APPROVAL. The Committee reviewed an Ordinance and Agreement for Lot 4, and a Portion of Lot 5, Block 10, Second Amended Plat, Town of Estes Park owned by Sara B. Schultz. The property owner is requesting the Town vacate a portion of Virginia Drive as certain buildings encroach onto the street right-of-way; in return, the property owner will dedicate a portion of the property for a public street. Staff confirmed that the owner cannot construct a major remodel in the new right-of-way. William Schultz reviewed the Agreement as agreed to and revised by Town Attorney White. The Committee recommends approval of the Ordinance and Agreement as presented. 2. RANCH MEADOW UTILITY EASEMENT VACATION - APPROVAL. In a letter received February 23, 1998, Van Horn Engineering and .,i<¢L--.:.- 4 Surveying requested the Town vacate the westerly 1.0' of an "o existing 20' utility easement for Lot 26, Ranch Meadow Subdivision. The easterly unit of the condominiums constructed on Lot 26, Ranch Meadow was inadvertently built with the garage encroaching 0.3' into the 20' easement. The developer will circulate a routing form for all affected utility agencies. The Committee recommends approval of the request to vacate 1.0' of said utility easement, authorizing Town Attorney White to prepare an Ordinance. 3. MILES COTTAGES/HWY. 7 PROJECT - REQUEST REIMBURSEMENT. Trustee Hix declared a conflict of interest and stated he would not participate in discussion or recommendation. In a letter .fr--*.:G ./ dated July 16, 1997, John and Susan Baptista/Miles Motel and 1' Cottages requested the town reimburse $190.92 for loss in business due to Highway 7 construction. Administrator Klaphake previously denied the reimbursement request, thus Mr. and Mrs. Baptista are appealing staff's decision. Director Linnane confirmed that when actual loss is incurred, the Town will consider reimbursement to the affected party. Chairman Doylen and Trustee Barker recommend denial of the request based on the fact that that this was a CDOT project, and the lack of precise documentation pertaining to the Motel's client. , BRADFORO PUBUSH1HGCO. RECORD OF PROCEEDINGS , Public Works Committee - February 26, 1998 - Page 2 4. VEHICLES - REQUEST AUTHORIZATION TO PURCHASE. The 1998 Street and Water Funds each include $95,000 for the purchase of a Heavy Duty Snow/Plow Dump Truck. Rocky Mountain International Trucks won the State Bid Award as follows: Water Fund: Purchase price $97,402 Less trade-in -2,500 Total $94,902 Street Dept.: Purchase price $98,371 Less trade-in -3,000 Total $95,371 The Street Dept. tested different models, and the International model is desired due to specific equipment needs of the Street Dept. The trade-in vehicles are 16-18 years old, and maintenance is high (few miles but many hard hours), and both vehicles are gasoline-powered rather than diesel. The Committee recommends approval Of both truck purchases--$94,902/Water Fund, and $95, 371/Street Dept. Fund. 5. MANFORD SIDEWALK/BALDWIN PARK BOARDWALK - REQUEST APPROVAL OF SCOPE OF SERVICES. Director Linnane reviewed the Scope of Services submitted by Van Horn Engineering for construction of the Manford Ave. Sidewalk in the amount of $13,735.00. The Scope of Services for the West Riverside Park Sidewalk is $11,440. Both projects total $25,175. Received one bid for this project. If the Manford Sidewalk can be shifted approximately 15' to the north, adjacent to the fairgrounds section-a slight jog will occur. Staff will be submitting a request to the Community Development for placement of a portion of the public sidewalk on Town property (fairgrounds area. The Committee recommends approval of the Scope of Services in the amount of $25,175 submitted by Van Horn Engineering. 6. HIGHWAY 36 TRAFFIC COUNTER - REQUEST AUTHORIZATION TO PROCEED WITH PROJECT. In a memorandum dated February 4, 1998, Greg Sievers briefed the Committee on the installation of a permanent traffic counter on 4 Hwy. 36. The 1998 Budget contains $5,000 for this installation, and it is a joint project with CDOT. CDOT will supply and install the costly hardware and software, and the Town will coordinate construction. Staff anticipates project completion before Memorial Day Weekend. The Committee recommends approval of the project and associated budget expenditure. 7. GARAGE DOOR OPERATORS - REQUEST AUTHORIZATION TO PURCHASE. The 1998 Budget contains two line items relating to the operation of overhead garage doors: Police Dept. (Municipal Bldg.)/$2,000 - ~~ for installation of remote control operators on a few doors, and Public Works (shop facilities)/$5,000 for the installation of similar remote controlled operators on several doors. The operators Will allow safer access to the garages, while transporting prisoners or bringing in snowplow trucks late at night. Many of the existing operators are over twenty years old; , IMA'FORIPUILISHING.0. RECORD OF PROCEEDINGS Public Works Committee - February 26, 1998 - Page 3 some Will require replacement, while others will need modifications to accept radio control operators. Due to the size, weight, type and age of these garage doors, the cost is increased. The Committee recommends approval of the project and associated budget expenditures. Director Linnane will determine whether the Police Dept. portion can be postponed for approximately two years. 8. MUNICIPAL BUILDING ROOF - REQUEST AUTHORIZATION TO PROCEED WITH PROJECT. A flexible asphaltic roof was installed on the Municipal Building roof in 1987. To increase its life and maintain the warranty, it should receive a liquid aluminization coating every 3-5 years. This coating protects the roofing material from harsh UV rays, thus it remains flexible and waterproof. The last application was in 1990. The 1998 Budget contains $5,000 for the application of roof protection material on the Municipal Building, and staff is requesting authorization to solicit bids and proceed with the project in March-April. The Committee recommends staff be authorized to proceed with the project. 9. 1998 WATER DEPT. LOOP PROJECT DESIGN AND CONSTRUCTION MANAGEMENT - REQUEST AUTHORIZATION TO PROCEED. *~~ The Committee reviewed the Scope of Services submitted by Rocky /0-- Mountain Consultants for the Devil's Gulch Interconnection, Big Thompson Tank Waterline, and the Big Horn Dr. to Chiquita Ln. Interconnection. Projected project cost is over $400,000. Staff negotiated a fee of $44,620 or approximately 10% of the estimated construction cost. The Committee recommends approval of RMC's Scope of Services in the amount of $44,620. Staff noted that the Accountable Water Report indicates an improvement up to 78%, which is achieved by continuing water improvement projects. REPORTS. None. There being no further business, Chairman Doylen adjourned the meeting at 8:25 a.m. T~U.£, 0.1 Vickie O'Connor, CMC/AAE, Town Clerk . BRADFORD PUIL#IHING cO. RECORD OF PROCEEDINGS Community Development Committee March 5, 1998 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Town Administrator Klaphake, Directors Hinze, Kilsdonk, Pickering and Stamey, Clerk O'Connor Absent: Advertising Manager Marsh Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. 1.a. Estes Valley Planning Commission. Director Stamey reported that Clarion held interviews February 26th with code users; the day-long session resulted in worthy information. On March 2nd, a meeting was held with the Larimer County Commissioners and staff to discuss pertinent issues. On March loth, a meeting will be held at 9:00 a.m. in Room 203 where RNL will present their preliminary work on the character analysis of the community-all were invited to attend. Three Commissioners will attend the Rky. Mtn. Land Use Workshop this month. 2.a. 1998 Advertising Report. The Committee reviewed an article on Cheley Camp published in the Adventure Camp Magazine pertaining to a family adventure camp. The ad value is $4,500, > and it reaches a circulation of 1/4 million. 9 Sally Anderson presented and explained the statistics on the 1997 Media Information Program Results by Event/Topic, including a graph, and the 1997 Results by Publication. The results do not contain local/regional media, or out-of-state coverage. The value and impact of a story varies widely. The importance of personal interaction with reporters has proven its importance with choice articles, and Ms. Anderson maintains a photo library. Statistics verify that response is down relative to national ads, however, regional results have increased steadily. 2.b. Conference Center Report. Director Pickering presented the following 1997 Year-end Statistics: * 98 total conferences, 14,615 attendees, $5,202,689 total conference spending in Estes Park, $208,107 total sales tax collected for conferences, city-wide accommodation taxes collected were $843,168, and there were 12,395 people associated with local civic uses. • 3-year comparison 95-97 of total conferences, attendees, spending, sales tax, etc.--which have grown consistently. 0 Marketing Fund Report (Fund that pays for transportation and miscellaneous conference expenses; funds are processed through the CRA, not the Town). Staff is anticipating a very powerful 1998. Director Pickering expressed his appreciation to Mark Tindle/Conference Services Coordinator who is relocating out-of-state, and introduced Mark's BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS ' Community Development Committee - March 5, 1998 - Page 2 replacement, Linda Larsen. Over 34 excellent persons applied for this position. MUSEUM. 3.a. Personnel/Exhibit & Program Schedule. Lisel Goetze was introduced as the new Curator, and Lisel presented the Museum's 1998 Exhibit and Program Schedule. Programs begin March 8 th and continue through December 13th. Pertaining to the "Ranches and Rodeos" exhibit, staff is seeking cowboy boots for an associated quiz/contest. Additional programs currently being developed are "Behind the Chutes" (tour during Rooftop Rodeo), History Camps, and an Isabella Bird presentation. Director Kilsdonk noted that publicity and press kits are being developed to increase public awareness. 3.b. El Pomar Foundation Award. Dr. Herman Lujan, President Emeritus/UNC, nominated the Museum and Friends for an El Pomar Foundation Award for Excellence. This the second time Dr. Lujan has made this nomination. The award is designed to recognize and reward outstanding non-profits in Colorado. A finalist list announcement is expected in July (finalists receive $1,000, the overall winner receives $10,000). 3.c. Strategic Plan. The Museum Advisory Board, Friends, Administrator Klaphake and Museum Staff worked together to develop a strategic plan for the next 2-3 years. The plan includes schedules for completion, and assigns responsibility for tasks between staff and volunteer members. A status report will be provided at each monthly Advisory Board meeting. SPECIAL EVENTS. 4.a. Longs Peak Scottish Irish Highland Festival. Jim Durward, President, appeared and displayed their new banner which will be introduced at the St. Patrick's Day Parade in Denver. An overview of the Festival, including media-specific presentations by Florence Rickman and Hillary Waters were discussed. The Festival's budget is approaching 1/2 Million Dollars, and the Town's advertising involvement is crucial. In closing, Dr. Durward stated event organizers are running out of room, and the infrastructure at Stanley Park is rapidly becoming outdated. Dr. Durward expressed his appreciation to Director Hinze and her staff for their efforts on this festival. Administrator Klaphake noted that the closure of Community Dr. proved successful, and the Festival needs to migrate to the west. The construction of a soccer field on the west side could be very beneficial to the Festival and the community as a whole. Perhaps when construction of the Senior Center is completed, and in consideration of the upcoming election and Town Board goal- setting session, a budget commitment for the soccer/performing area could be discussed for the 1999 Budget. Chairman Doylen expressed the Committee's appreciation to all presenters. 4.b. Event Critique. The 6th Annual Dog Weight Pull was held February 14 and 15. If management can obtain major sponsors, they could easily double participation (increase prize money). 4, I BRADFORIP....HINGCO. RECORD OF PROCEEDINGS Community Development Committee - March 5, 1998 - Page 3 Onlookers enjoy this event; however, participation was not as high as in previous years. The Chamber Resort Assn. and RMNP sponsored the Winter Trail Days Snow Shoeing event February 21* and 22nd. This event was very successful as the National Park staff and 27 volunteers led guided hikes. Planning for 1999 is underway. Six manufacturers attended and they hope to increase their involvement in 1999. 4.c. Fairgrounds Electrical Plan - Request authorization to accept bid. Administrator Klaphake reported that staff has this project; therefore, staff is seeking authorization to work * determined that it was both difficult and costly to go to bid on on a design/build agreement at this time, pre-qualify the contractor, and negotiate a fee. The Committee recommends Director Hinze proceed with the design/build concept, negotiate an agreement, and proceed with the project on the condition that the fee remain within budget. 4.d. Manford Ave. Sidewalk - Discussion of location. Public Works Director Linnane briefed the Committee on this Public Works budgeted project that includes a sidewalk route along Manford Ave., and requested authorization to place a portion of the sidewalk inside a portion of the existing white fence area on Town (fairgrounds) property. The "jog" will require removal of two 10' sections of fencing and then return to the right-of-way. This route is most desirable to avoid construction over existing utilities. Director Hinze had no objection, and the Committee recommends approval of the request. There being no further business, Chairman Doylen adjourned the meeting at 9:55 a.m. 4*-Ib26 ©- Q».*...,~ o j Vickie O'Connor, CMC/AAE, Town Clerk BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission February 17, 1998 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, Alma Hix, Edward Pohl and David Thomas Attending: Commissioners Burgess, Hix, Pohl, Sager, and Thomas Also Attending: Trustee Liaison G. Hix, Director Stamey, Deputy Town Clerk Kuehl Absent: Commissioner Brown Chairman Sager called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA 1.a. Minutes of the January 20, 1998 meeting were approved with the addition of Commissioner Gilfillan both as a member and being present. 1.b. Development Plan 97-13, Lot 1, Block 4, Fall River Estates, Jim Rodgers/Applicant. Applicant Representative Ross Stephan, Estes Park Surveyors, reported this is a minor amendment adding 240 sq. ft. of office space to the four- plex building and removing this from the manager's private residence. The parking was shifted to the south with no loss of parking spaces. There is no change in density. It was moved and seconded (Thomas-Hix) Development Plan 97-13 be approved, and it passed unanimously. 2. SPECIAL REVIEW 2.a. Special Review 98-02, Lot 2, Mountain Man Subdivision, 356 East Elkhorn Avenue, Total Gas and Stingers, Windy City LLP/Applicant. Chairman Sager opened the Public Hearing. Applicant Representative Paul Kochevar, Estes Park Surveyors, explained that the Development Plan is for the purpose of identifying areas for the use of outdoor eating tables, two on the east side and four on the west side of the building. Director Stamey noted that since the areas for placement of these tables is dimensioned on the plan, the location of these tables should not be changed, and the tables are restricted to carry-out service only. Commissioner Thomas asked if the Applicant considered placing the tables at the back of the building facing the Riverwalk. There are no parking requirements for this development. Chairman Sager suggested the parking layout be removed from the Plan. Kochevar reported that the parking spaces are striped and are currently used. Commissioner Burgess commented that there are presently pedestrian/ vehicle conflicts in front of the Cigar Store. Also, the 50' right-of-way Town-owned property between Total Gas and Brownfield's is encroached upon with the use Of these parking spaces. Any improvements in this 50' area may result in the westerly parking spaces becoming unusable. Kochevar reported that there is an agreement with the Town BRADFOR/PUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission, February 17, 1998 - Page 2 for use of this area by the Applicant. Director Stamey verified with EPURA Director Anderson that no such agreement exists. The only agreement is between EPURA and Brownfield to allow access to the rear of the building. Director Stamey requested the Applicant agree to comply with the Code and require compliance of his tenants on the property to restrict outdoor display of sale items. Comments from Estes Park Sanitation included the requirement of a grease interceptor if the food service area is expanded. Chairman Sager requested that the vicinity map be scaled and more specific to the area. Commissioner Pohl noted that the property is located on the south side of Elkhorn Ave., not the north as stated in the Applicant's submittal. Hearing no further comments, Chairman Sager closed the Public Hearing. It was moved and seconded (Hix-Burgess) Special Review 97-02 be recommended for approval to the Board of Trustees noting the restriction on the outdoor eating area and display of outdoor sale items, and it passed unanimously. The motion did not address the parking question. 3. DEVELOPMENT PLANS 3.a. Second Amended Development Plan 90-02, Lot 2, DeVille Subdivision, 534 S. St. Vrain Ave., EZ Car Wash. Applicant Representative Ross Stephan reported this amendment includes relocation of one existing pump island, installation of a canopy over the island, and expansion of 100 sq. ft. to the existing building. There will be no signage placed on the canopy, but the Applicant wishes the option to place signage at a later date. Director Stamey noted that the Applicant has requested a permit for a free-standing sign that includes the maximum usage for the property, thus no signage is allowed on the canopy unless the Applicant submits a revision. The lighting on the canopy will be fully recessed which includes the light and fixture. The height of the canopy will be 17 ft. 8 in. The 100 sq. ft. addition is not over any water reclamation or gasoline storage tank. Any additional fixture units in the proposed addition will require additional tap fees. Access will not change. It was moved and seconded (Hix-Pohl) the Second Amended Development Plan 90-02 be approved for the addition of 100 sq. ft. to the existing building, relocation of the existing gas pump, and addition of a canopy with full recessed lighting (including light and fixture) and no signage, and it passed unanimously. 3.b Amended Development Plan 95-02, Tract 4, Beaver Point Addition, 550 Moraine Ave., RiverRock Homes. This plan revision proposes to increase the existing approved density by one unit from 24 to 25. Commissioner A. Hix declared a conflict of interest and was excused. Project history review follows: Planning Commission approved 22 units on February 21, 1995; Town Board approved a density bonus for 27 units on April 25, 1995; Planning Commission approved a revision reducing the total dwelling units to 24, removing the special review bonus on November 21, 1995; Planning Commission denied a special review request for 27 units On January 27, 1998. The present proposal is for eight duplex units and a single building containing nine units. Five of BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS ' i Planning Commission, February 17, 1998 - Page 3 the duplexes have been constructed and another is under construction. The 30' height limit is not exceeded due to the proposed fill and use of retaining walls. This calculation does not include the elevator tower. Applicant Representative Van Horn verified that the January 26, 1998 drawings represent the elevator tower maximum height. Ricki Ingersol stated RiverRock is coordinating wetland mitigation with the Army Corps of Engineers with expected completion in September. The Public Works Department requires water line as-builts with all service lines, new and existing fire hydrants, valve boxes, backflow preventers, etc. be reviewed and approved by the Department prior to Development Plan approval. In addition, the proposed fire hydrant at the southeast portion of the site should be shown on the Plan. Van Horn noted that.placement of the required fire hydrants will be negotiated with Fire Chief Dorman and Public Works Department. Access to the property is unchanged. The Improvement Guarantee involves landscaping and placement of the fire hydrants. RiverRock Townhomes, Inc. has been sold to Pinnacle Homes. The new name is RiverRock Townhomes, LLC. A letter from the Applicant's Attorney will be issued noting that change. This will require updating of signature blocks on the Development Plan. It was moved and seconded (Thomas- Pohl) Development Plan 95-02 be approved with the following conditions, and it passed unanimously with one abstention: 1. The ownership signature blocks be revised to reflect name change of business ' 2. No grading within the Highway R.O.W. shall be allowed without first obtaining approval and a permit from CDOT. 3. Complete water line as-builts shall be reviewed and accepted by Public Works prior to execution of the revised Development Plan. 4. Improvement Guarantee be provided prior to execution of the revised Development Plan. 5. The vesting of this approval shall be extended to expire February 17, 2000. 6. Proposed fire hydrant at the southeast corner of the property be shown on the Development Plan. 7. The third required fire hydrant location be determined by Applicant, Public Works Director Linnane and Fire Chief Dorman. 8. The elevator towers be no higher than shown Plan. Commissioner Hix resumed her position on the Commission. 4. SUBDIVISIONS 4.a. Preliminary Plat Arapaho Estates Third Filing, Lot 23, Cherokee Dr. west of Arapaho Dr. This preliminary plat proposes to subdivide 15.3 acres into nine residential lots ranging in size from 1.26 acres to 3.39 acres. Staff recommended that a 50' wide public easement along the northern boundary be dedicated as an open space/wetlands outlot with an easement for non-motorized public access as was done in the Second Filing. This would prevent public/private use conflicts, and make all lots comparable in size. Applicant Representative Kochevar agreed to this. The number of driveways will be reduced particularly at the BRAOFOROPUBLISHING CO. RECORD OF PROCEEDINGS ~ , Planning Commission, February 17, 1998 - Page 4 end of the cul-de-sac. Adjacent lots should be identified and preliminary utility easements labeled on the plat. Other easements are utility easements along all lot lines. Staff also recommended that fencing restrictions be addressed in the subdivision covenants. The Estes Valley Recreation and Park District commented that the western border of this Plat is adjacent to Mary's Lake Campground. Drainage from this development should not have an adverse affect on the campground. Prospective owners of property in Arapaho Estates should be informed that this area will remain a campground. It was moved and seconded (Burgess- Hix) Preliminary Plat Arapaho Estates Third Filing be approved with the following conditions, and it passed unanimously: 1. Cherokee Dr. shall be renamed Cherokee Ct. 2. The bearing basis shall be shown. 3. Adjacent lots shall be identified. 4. The Town Boundary shall be identified. 5. Perimeter utility easements shall be labeled and widths shown. 6. Dedication statement and signature blocks shall be revised. 7. A landscape detail for the cul-de-sac shall be provided. 8. A drainage easement shall be shown between Lots 9 & 10 and the drainage swale designed. 9. Erosion control and revegetation details and specifications shall be submitted. 10. Complete road and utility construction plans and profiles shall be submitted for Public Works review and acceptance. 11. The 50' wide wetlands area shall be dedicated as an open space outlot to be maintained by the Homeowners' Association with an easement for non- motorized public access. 12. A file drawing marked "Preliminary" shall be submitted. 5. VACATION RENTALS Director Stamey reported that because of complaints, the Municipal Code was reviewed, and it was determined that nightly and weekly rentals in residential areas are not allowed. In April 1997, the local real estate management companies were advised to discontinue this practice. Administrator Klaphake explained that this is being discussed to determine if a full or partial Code revision is necessary or if the Code should be enforced as written. Selective enforcement on a complaint basis isn't working. Chairman Sager noted that there is no one place in the Code in which to determine that this is not allowed. (Editor's Note: This regulation is found under Section 5.20.010(1).) Those speaking in favor of continuing the practice of allowing nightly and weekly rentals in residential areas included Bill Van Horn, Van Horn Engineering, Judy Anderson, Anderson Realty and Management, and Brad Dement, Windcliff Management. They stressed that, in their opinion, this is a positive addition to the community, allowing visitors the option to stay in houses rather than motels. To alter this ability would take away traditional usage of the property. Commissioner t BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission, February 17, 1998 - Page 5 Hix asked what the Town response should be when it receives complaints from neighbors about this type of rental. It was suggested the Town pass these complaints onto the respective management company for clarification and correction. Chairman Sager questioned whether the management companies could refuse rental to certain parties. Ms. Anderson responded that they do have that right. Commissoner Hix noted that properties are being presented to potential buyers as rental investments. Ms. Anderson stated she does not do so, but doesn't know how other management companies handle this situation. No one present could answer the Commissioner's inquiry as to the number of private residences used for accommodations. When questioned about the actual need for such accommodations when there are many conforming commercial accommodations, Ms. Anderson reported that she often receives referrals from the commercial accommodations. Commissioner Burgess expressed that although Estes Park has been primarily a tourist town in the past, it is increasingly becoming residential, and this type of activity is becoming an invasion of privacy. Margaret Clark noted that, from her cabin, she often hears noise from rental houses in the Windcliff area, and that such disturbances can make a neighborhood miserable. Commissioner Thomas suggested that an independent study .be conducted regarding this type of activity in other tourist towns to gain an unbiased viewpoint. Commissioner Pohl questioned why the private accommodations are not licensed. Although these people hire a management company who is licensed, the homeowner receives the rent money. Staff will discuss that requirement. Administrator Klaphake noted that the Town will conduct an independent study. However, until changes are made, the Town is obligated to enforce the Code. 6. RESIGNATION Commissioner Burgess reminded the Board that Commissioner Gilfillan has resigned. The Commission expressed their regret, noting that Gilfillan provided exceptional service. Having no further business, Chairman Sager adjourned the meeting at 3:50 p.m. -1-c_ K U.Sul Tina Kuehl, Deputy Town Clerk I , BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Board ofAdjustment March 3,1998 Board: Chair J. Donald Pauley, Members Jeff Barker, John Baudek, Wayne Newsom and At Sager Attending: All Also Attending: Director Stamey and Jo Ann Pierce Absent: None Chairman Pauley called the meeting to order at 8:02 a.m. MINUIES The minutes of the February 3, 1998 meeting were accepted as presented. 221 LOrr STREET, LOT 32, FIRST RESUBDIVISION, BUENNA VISTA TERRACE, OWNER: CYNTHIA SISSON SPALSBURY, APPLICANT: CLARK SPALSBURY - VARIANCE REQUEST FROM SECTION 17.20.040(B) (1) a. OF THE MIJNICIPAL CODE. Applicants' request includes the following. 1) When plans were made to build an addition, the setbacks were 15', and have since been chanced to 25'. Therefore, they would like to request a variance which would permit them to build an addition in conformance with the prior zoning and consistent with other uses in the neighborhood. 2) Subject to approval of the variance, they would like to proceed to build on the north side of their present garage, and move a small, existing, metal shed to another portion of the lot, not closer than 15' to any lot line. Chairman Pauley asked if the drawing is the proposed plan or what already exists. Clark Spalsbury stated that the drawing represents what already exists. Chairman Pauley questioned whelher Mr. Spalsbury would be willing to move the shed within the original 15' setback and Mr. Spalsbury agreed. Jeff Barker wants the record to reflect that Mr. Clark Spalsbury originally expressed opposition against the rezoning of his own property. Al Sager noted there is a considerable flat area on Mr. Spalsbury's property and wants to know why Mr. Spalsbury doesn't build the addition there. Mr. Spalsbury stated that his preference is privacy, and by building on the north end of their home it would be more convenient and private. He also states that they have been using the south side for gardening and for providing extra sunlight and warmth into their bedroom. Al Sager questioned the home office in E-Estate. Director Stamey stated that the Board of Adjustment is considering a building setback variance and that any home office is subject to the Town's Home Occupation regulations. Mr. Spalsbury stated he does some work at home, and client contact from home is primarily by phone. Al Sager wanted to know why the plat did not show topography and rock outcropping views. Mr. Spalsbury stated he didn't feel it was important because the variance requested was due to set backs in relation to prior zoning, and not topography. BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS ' Board ofAdjustment March 3,1998 Page 2 Al Sager asked if there was any correspondence. Director Stanley advised there was not. Director Stamey reviewed the staff report and provided a staff recommendation as follows: 1. Approval of the variance request to allow the building addition onto the existing garage, with a 15' setback from the street property line, and as illustrated on the Improvement Survey Plat. 2. As part of the variance approval and construction, the metal shed be relocated on the site, to a location not closer than 15' to any lot line. It was moved and seconded (Sager/Newsom) to approve the variance request for a 15' setback, with the conditions as noted, and that the addition not be more than 30' high, with no further adjustments, and it passed unanimously. Mr. Spalsbury stated he is not requesting any height variance, and will conform with the height limits. REPORTS - None There being no further business, Chairman Pauley adjourned the meeting at 8:37 a.m. Jo Ann Pierce, Recording Secretary 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 r., 0 --4 VICINITY MAP NOT TO SCALE SITE --=<1 R 5TAI•lt.CY ~ Hterrs /3 ~ 7 E b ~„le . v•, - Fur ~~EEE47'32 /. Nt'>- * / C = /».4~ » LAKE ESTES ----=ZE=.:--) 10579·Ja I.AD,ORD,WILISHINGCO. RECORD OF PROCEEDINGS planning Commission - January 20, 1998 Page 4 4.h Amended Plat.. T.nt.9 7 and R, 9'hp Reqp·rve. Firmt- 17414,1g.- 1175 Coyote Nun. april An,9 Charleq 'Ranning/Arr'leant-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. - . . AVE\DED D LAT O- 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. 9-2 N I / - a__,n 1 E €\ SCALE: 1" = 100' 100 200 300 0 EGEND 0 OUND MONUMENTATION PREPARED BY: OUND #4 REBAR AND ' PLASTIC CAP #9485 VAN HORN ENGINEERING -M12 4*ia / P.O. BOX 456 ~E DBO~R'f) 1043 FISH CREEK ESTES PARK, CO 80517 CARRIAGE C -,4 D- DIMENSIONS (303) 586-9388 ~ HIL~~~:Ci@S'~ )k. . DIMENSIONSI VICINITY MAP IES; Y 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. Y DRIVEWAYS WITH GRADES ABOVE 14% WILL BE REQUIRED TO BE DESIGNED BY A PROFESSIONAL ENGINEER -H SPECk ATTENTION TOWARD EROSION MrrIGAnON. ........Pul.IMING CO. RECORD OF PROCEEDINGS Planning Commission - January 20, 1998 Page 4 ' 2- 4.c...Ammrlf:I•fl Plat, Grey Fox 'F q 1-7, 1- A q_,1- Cedar 12·irlge.. Fil-qI- And Reennel Filing. Ahutt-ing thB Wagtt 'Rn,indary nf CArriage Fri 1 19, Richard_-An/l Ann Rarlow./Arrl 4'.Ant. 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 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. ..0 . BRADFO//PUBLISHINGCO. RECORD OF PROCEEDINGS Public Safety Committee, February 19, 1998 - Page 2 performed this service for the Fire Department in the past. The Committee ~en.J=Biliah//I='Ifi'Iql"ilidm - Ain A n c W~-~-*,~1-~M'M~D~apartment Supply Company. RMNP Special Use Permit: Assistant Chief Ford received an updated ~ agreement with Rocky Mountain National Park for Park Service use of the Town's fire truck. This agreement will be reviewed by Town Attorney White and presented to the Board for approval. REPORTS No reports. There being no further business, Chairman Marshall adjourned the meeting at 3:50 p.m. 72.~ Ku..22 Tina Kuehl, Deputy Town Clerk F A E)*31: w.-t,,·-, i:1 1 ¢ 2-* i 1- it %/ 1· · i... . 9:. ~ FEB 2 4 1998 5 4 i TOW.'1 07 csrES 59.21 3 / BOARD OF TE,;12€5 ~ Cl C f Form 10-114 Rev.Aug.86 OMB No. 1024-0026 - Page 1 of UNITED STATES DEPARTMENT OF THE INTERIOR National Park Service Special Use Permit Name of Use Use of Government Eauivment to Drovide Date Permit Reviewed 19 Structural fire protection Reviewed 19 Reviewed 19 Expires 1998 06/14 Long Term Permit # RMR ROMO 6000 803 Short Term X Region Park Type No# ROCKY MOUNTAIN NATIONAL PARK TOWN OF ESTES PARK of Estes Park, Colorado 80517 970-586-2371 Name or Permittee Address Phone is hereby authorized during the period from (Time _ day _fll Month 01- 19.98 1 through (Time _ day 14 Month ~Qi 1998 ), to use the following described land or facilities in the above named area: Building and equipment (garage stall, structural fire truck, breathing apparatus and other equipment) as specified in Exhibits A, B, C, and D. For the purpose(s) of: Providing structural fire protection to Rocky Mountain National Park and the Town of Estes Park, Colorado. Authorizing legislation or other authority (RE-NPS-53 Appendix 1): NEPA Compliance: CATEGORICALLY EXCLUDED X EA/FONSI_ EIS_ OTHER APPROVED PLANS_ PERFORMANCE BOND: Required_ Not Required X Amount $ N/A LIABILITY INSURANCE: Required X Not Required_ Amount $ See Item No. 12 Indemnification Reimbursement will be based on value of truck at time of loss. ISSUANCE of this permit is subject to the conditions on the reverse hereof and appended pages and when appropriate to the payment to the U.S. Dept. of the Interior, National Park Service of the sum of $ waived . The undersigned hereby accepts this permit subject to the terms, covenants, obligations, and reservations, expressed or implied herein. PERMITTEE Mayor, Town of Estes Park Date Authorizing Official , Signature Superintendent Date Additional Authorizing Official , (If Required) Signature Title I)ate . * CONDITIONS OF THIS PERMIT 1. The permittee shall exercise this privilege subject to the supervision of the Superintendent, and shall comply with all applicable laws and regulations of the area. 2. Damages - The permittee shall pay the United States for any damage resulting from this use which would not reasonably be inherent in the use which the permittee is authorized to make of the land described in this permit. 3. Benefit - Neither Members of, nor Delegates to Congress, or Resident Commissioners shall be admitted to any share or part of this permit or derive, either directly or indirectly, any pecuniary benefit to arise therefrom: Provided, however, that nothing herein contained shall be construed to extend to any incorporated company, if the permit be for the benefit of such corporation. 4. Assignment - This permit may not be transferred or assigned without the consent of the Superintendent, in writing. 5. Revocation - This permit may be terminated upon breach of any of the conditions herein or at the discretion of the Superintendent. 6. The permittee is prohibited from giving false information, to do so will considered a breach of conditions be grounds for revocation: [Re:36 CFR 2.32 (4)]. 7. Permittee will comply with applicable public health and sanitation standards and codes. 8. The following provisions constitute Condition 4 in accordance with Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967. NONDISCRIMINATION. If use of the resource covered by their permit will involve the employment by the permittee of a person or persons, the permittee agrees as follows: (a) The Permittee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The permittee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The permittee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Superintendent setting forth the provisions of this nondiscrimination clause. (b) The Permittee will, in all solicitations or advertisements for employees placed by or on behalf of the Permittee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The Permittee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Superintendent, advising the labor union or workers' representative of the Permittee's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, as amended, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Permittee will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Permittee will furnish all information and reports required by Executive Order No 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Superintendent and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Permittee's noncompliance with the non-discrimination clauses of this permit or with any such rules, regulations, or orders, this permit may be cancelled, terminated or suspended in whole or in part and the Permittee may be declared ineligible for further Government contracts or permits in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 25, 1965, as amended, or by rule, regulations, or order of the Secretary of labor or as otherwise provided by law. (g) The permittee will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontract or purchase order as the Superintendent may direct as a means of enforcing such provisions including sanctions for noncompliances: Provided, however, that in the event the Permittee becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Superintendent, the Permittee may request the United States to enter into such litigation to protect the interests of the United States. SPECIAL USE PERMIT CONTINUATION SHEET PERMIT NO. RMR-ROMO-6000-803 • , 9. The following described Government-owned property is assigned to the Town of Estes Park Volunteer Fire Department in furtherance of the purposes of this Agreement. Heated garage stall and work area at the west end of Building No. 76 (in the Headquarters Utility Area), one level, 528 sq. ft. The area assigned contains one vehicle stall and an equipment maintenance area. -1977 Ford F - 600 fire truck and miscellaneous equipment (Exhibit A) 10. Maintenance. Rocky Mountain National Park will maintain the fire truck described above, including the chassis, engine, and pump. All other equipment, as described on Exhibits A, B, and C will be maintained by the Town. The fire truck will be replaced by the Park at a future date, as necessary, based upon National Park Service standards concerning replacement of special purpose vehicles. Identification. Estes Park Volunteer Fire Department identification decals will be affixed to the truck. Government license plates will be attached to an inside storage compartment to continue to identify the truck as Government property. 12. Indemnification. The Town will indemnify and hold harmless the United States from any and all damages, including claims of third parties, arising out of or in any way connected with the operation by the Town of the fire truck outside the boundaries of the Park. The Town shall carry insurance to come with this provision and to reimburse the Park for damages to or total loss of the fire truck should such an event occur in connection with the fire suppression activities outside the boundaries of the Park. The Town shall furnish proof of such insurance coverage to the Park by submitting a copy of the policy or a certification from the insurance company by January 30 each year of the term hereof. This indemnification is specifically limited to the insurance coverage carried by the Town. The Town shall not be liable to nor indemnify the United States for any amount nor for any damages not covered by the Town's insurance policies. If other Government-owned equipment (not permanently attached to the truck) and turnout gear on loan to the Town is damaged beyond repair, such equipment will be surveyed and not replaced by the Government. Colorado Governmental Immunity. The parties understand and agree that the Town does not waive the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., gi im. 13. Annual inventory. Government-owned capitalized property assigned to the Estes Park Volunteer Fire Department will be inventoried by the Park on an annual basis. (Equipment Maintenance performed by the Park) Truck: 1977 Ford F-600 License I121328 Main Pump: Waterous Model CPK-2-300 SN53162 300 GPM at 150 PSI Centrifugal single stage Manual-electric priming valve. Adjustable pressure reliefvalve. Pump Inlets: Side Panel - 3" hard suction; 2 !4" soft suction Outlets: Side Panel - 2g" Hose bed - 1." Pre-connected Booster line - 1" Tank: 300 Gallon (Equipment maintenance performed by the Town) Hose: 3" hard suction - two 10' sections with strainer 2 M" soft suction - one 10' section Ladders: 1 - 24 ' three-section aluminum extension 1 - 12' aluminum roof Extinguishers: 2 - 30# AEC stored pressure dry chemical - General TGPA30A Radio: Phoenix programmable Sire/PA: Federal twin sonic light/sound system Lights: 2 - cab spotlights, 2 Big Beam #211, 1 - Big Beam #111 Foam: Foam eductor Other: 1 - Pike Pole 2 - Fire Covers 1 - Wrecking Bar 3 - Rear Safety straps 1 - Floating Strainer 2 - Fire Axes 1 - Short Hardline 1 - Set Spanner Wrenches with Bracket Trustees Commissioners Town of Estes Park Larimer County Joint Statement of Position A fter careful consideration, the Trustees of the Town of Estes Park and the Commissioners of Larimer County oppose the ballot proposition seeking a one percent cap on building permits inside the city limits of Estes Park for the following reasons: 1. The one-percent cap would apply only within the Estes Park town limits which represent less than one-fifth of the land area within the Estes Valley. Ifthe growth limitation passes, housing demand will increase in unincorporated areas outside the town limits, thereby accelerating urban sprawl. Such legislatively induced sprawl would have a greater impact on wildlife habitat and open space in the Estes Valley than if growth were clustered in areas already urbanized. In addition, unincorporated portions of the Estes Valley share an extensive 23-mile common boundary with Rocky Mountain National Park as compared to a three-mile common boundary with the town limits. Urban sprawl in unincorporated areas near the park boundary would adversely impact park resources. 2. Increasing the demand for housing outside town limits would strain the county's ability to provide road maintenance and law enforcement to residents in the unincorporated Estes Valley in a manner that is fair to all. 3. Growth issues -- such as maintaining the image and character of the town, preservation ofopen space, and the provision of affordable housing -- will be handled best through the joint town-county comprehensive planning process and private/public partnerships that involve the Estes Valley Land Trust and other entities. Through the work ofthe Estes Valley Planning Commission and the consultant team, the Larimer County Commissioners and the Town Trustees are committed to the timely development and adoption of a meaningful land use code that will implement the Estes Valley Comprehensive Plan. Citizen input to the Estes Valley Planning Commission is the most effective way to achieve a new land use code that will provide for long-term stewardship of the Estes Valley in an equitable manner for all property owners. A Trustees Comniissioners ) Ttown of Estes Park ./1 n . Larimer County J ) c Robert L. Dekker, Mayor John Clarke Agy » ~r / Jeti Barker Jim Disney A~,L ta- ,·, John Baudek Cheryl Olson --·-Sfi*-2. Doylen /7 Ut- ..,-1- 92 < / .7 -/deor#:i<Hix/ ~161311%*60-022_- 0 4114*n#024/ 11 09 - J. Donald Pauley 4. Trustees Commissioners Town of Estes Park Larimer County Joint Statement of Position After careful consideration, the Trustees of the Town of Estes Park and the Commissioners of Larimer County oppose the ballot proposition seeking a one percent cap on building permits inside the city limits of Estes Park for the following reasons: I . The one-percent cap would apply only within the Estes Park town limits which represent less than one-fifth of the land area within the Estes Valley. If the growth limitation passes, housing demand will increase in unincorporated areas outside the town limits, thereby accelerating urban sprawl. Such legislatively induced sprawl would have a greater impact on wildlife habitat and open space in the Estes Valley than if growth were clustered in areas already urbanized. In addition, unincorporated portions of the Estes Valley share extensive 23-mile common boundary with Rocky Mountain National Park as compared to a three-mile common boundary with the town limits, Urban sprawl in unincorporated areas, near the park boundary would adversely impact park resources. 2. Increasing the demand for housing outside town limits would strain the county's ability to provide road maintenance and law enforcement to residents in the unincorporated Estes Valley in a manner that is fair to all. 3. Growth issues -- such as maintaining the image and character of the town, preservation of open space, and the provision of affordable housing -- will be handled best through the joint town-county comprehensive planning process and private/public partnerships that involve the Estes Valley Land Trust and other entities. Through the work of the Estes Valley Planning Commission and the consultant team, the Larimer County Commissioners and the Town Trustees are committed to the timely development and adoption of a meaningful land use code that will implement the Estes Valley Comprehensive Plan. Citizen input to the Estes Valley Planning Commission is the most effective way to achieve new land use code that will provide for long-term stewardship of the Estes Valley in an equitable manner for all property owners. Trustees Commissioners Town OJ Estes Park - Larimer Coun#h Robert L. Decker, Mayor Chayl Olimiltha~ «16 89.- Jeff Barker :larke 1 /4 .,A John Baudek d) Jim Dishey Susan L. Doyen George J. Hix William J. Marshall J. Donald Pauley A. DURAND JONES POST OFFICE BOX 248 ESTES PARK, COLORADO 80517 (970) 586-1939 4 1- 4, -j,d-\21 2.68 411 ~ MAR 1 01 1998 M March 8,1998 ADMIN. DEPT. Honorable Robert Dekker Town of Estes Park Estes Park, Colorado 80517 Dear Mayor Dekker: I live and work within the Estes Valley and I want to take this opportunity to express my views on the ballot initiative that would restrict growth with the town limits of Estes Park. It should be noted that the views I express are my own. My employer, Rocky Mountain National Park, does not take formal positions on ballot issues, which are to be decided by the electorate. This issue is of sufficient importance that I feel that I must take this opportunity to advise you of my personal opinions. While I feel that the proponents of the ballot issue are well intended and are expressing a legitimate concern about the current rate of growth within Estes Park, I assert that the initiative is flawed, a mistake, and the wrong approach. I support the position that the initiative should not be approved. I offer the following observations: The one-percent cap would apply only within the Estes Park town limits, which represent less than one-fifth of the land area within the Estes Valley. If the growth limitation passes, housing demand will increase in unincorporated areas outside the town limits, thereby accelerating urban sprawl. Such legislatively induced sprawl would have a greater impact on wildlife habitat and open space in the Estes Valley than if growth were clustered in areas already urbanized. In addition, unincorporated portions the Estes Valley share an extensive 23-mile common boundary with Rocky Mountain National Park as compared to a three-mile common boundary with the Town limits. Urban sprawl in unincorporated areas near the park boundary would adversely impact the important natural resources ofthe park. The protection o f open space, comprehensive land use planning, and growth management are essential to the long term protection ofthe Estes Valley and the quality of life we all appreciate. Growth issues - such as maintaining the image and character ofthe town, preservation of open space, and the provision of affordable housing - will be handled best through the joint town- county comprehensive planning process and private/public partnerships that involve the Estes Valley Land Trust and other entities. The State legislature just last year authorized the development o f a joint county/town planning commission to address growth management throughout the valley. I note with pleasure that you are working with the county in developing this cooperative planning arrangement. I also note that Larimer County, especially with the leadership of Commissioner Disney is taking manypositive steps to achieve workable and realistic growth management. Through the work ofthe Estes Valley Planning Commission and the consultant team, the Larimer County Commissioners and the Town Trustees should commit to the timely development and adoption of a meaningful land use code that will implement the Estes Valley Comprehensive Plan. Citizen input to the Estes Valley Planning Commission is the mokt effective way to achieve a new land use code that will provide for long-term stewardship of the Estes Valley in an equitable manner for all property owners. This approach should be given a chance to work and is a better way to manage growth for the long term and also account for the inevitable fluctuations in the economy. The one-percent cap is a arbitrary limit and in my opinion is not in the best interest ofresidents and the protection of local values. I hope the town will recognize this issue as a wake up call, support growth management, adopt a policy ofnot giving away upzoning, and continue your work to support the protection ofthe Estes Park area and valley. In conclusion, I support the position ofthe Chamber-Resort Association and urge the town and county to oppose this particular initiative. Sincerely, A. Durand Jones ~ (~~00./ ~MADFOFiDPWILISHINGCO. RECORD OF PROCEEDINGS Public Works Committee February 26, 1998 Committee: Chairman Ddylen, Trustees Barker and Hix Attending: All Also Attending: Public Works Director Linnane, Clerk O'Connor Absent: Town Administrator Klaphake Chairman Doylen called the meeting to order at 8:00 a.m. 1. VIRGINIA DRIVE RIGHT-OF-WAY VACATION REQUEST (311 VIRGINIA DR.) - UPDATE/APPROVAL. - ~~ The Committee reviewed an Ordinance and Agreement for Lot 4, and a Portion of Lot 5, Block 10, Second Amended Plat, Town of Estes Park owned by Sara B. Schultz. The property owner is requesting the Town vacate a portion of Virginia Drive as certain buildings encroach onto the street right-of-way; in return, the property owner will dedicate a portion of the property for a public street. Staff confirmed that the owner cannot construct a major remodel in the new right-of-way. William Schultz reviewed the Agreement as agreed to and revised by Town Attorney White. The Committee recommends approval of the Ordinance and Agreement as presented. 2. RANCH MEADOW UTILITY EASEMENT VACATION - APPROVAL. In a letter received February 23, 1998, Van Horn E eering and Surveying requested the Town vacate the west 1.0' of an existing 20' utility easement for Lot , Ranch Meadow Subdivision. The easterly unit of the co miniums constructed on Lot 26, Ranch Meadow was inadvertent built with the garage encroaching 0.3' into the 20' ease t. The developer will circulate a routing form for all a cted utility agencies. The Committee recommends approval of he request to vacate 1.0' of said utility easement, authori ' g Town Attorney White to prepare an Ordinance. 3. MILES COTTAGES/HWY. ROJECT - REQUEST REIMBURSEMENT. Trustee Hix declare a conflict of interest and stated he would not participate i discussion or recommendation. In a letter dated July 16, 97, John and Susan Baptista/Miles Motel and Cottages requ ed the town reimburse $190.92 for loss in business due o Highway 7 construction. Administrator Klaphake previously enied the reimbursement request, thus Mr. and Mrs. Baptista e appealing staff's decision. Director Linnane confirm that when actual loss is incurred, the Town will consi reimbursement to the affected party. Chairman Doylen and ustee Barker recommend denial of the request based on the fa that that this was a CDOT project, and the lack of precise cumentation pertaining to the Motel's client. Deed of Dedication This Deed of Dedication, made this day of ,1998, between Sara B. Schultz whose legal address is 311 ,@iverside Drive, Estes Park, CO 80517, Grantors, and the Town of Estes Pir,atolorado Municipal Corporation, Grantee, WITNESSETH, that the Grantor in consideration of One Dollar ($1.00) and other valuable considerations to said Grantor, the receipt and sufficiency of which is hereby acknowledged, does by these presents sell, grant and convey to the Grantee, its successors and assigns, the following described land for the purpose of dedicating said land for public use forever: Commencing at the North 14 corner of Section 25, T5N, R73W of the 6th P.M.; Thence S 00°01'20" E 328.65' to a Town Of Estes Park brass cap; Thence N 89°59'47" W 330.43' to a Town of Estes Park brass cap; Thence N 00°05'52"E 257.46' to the TRUE POINT OF BEGINNING; Thence N 00°05'52"E 12.25'; Thence 131.62' along a curve to the right with a radius of 120.00' and a 125.12' chord which bears S 58°18'37" E; Thence 42.59' along a curve to the right with a radius of 100.00' and a 42.27' chord which bears N 56°30'27" W; Thence 79.42' along a curve to the left with a radius of 100.00' and a 77.35' chord which bears N 67°03'31" W to the TRUE POINT OF BEGINNING. SAID GRANTOR does convenant that at the time of ensealing and- delivery of these presents, she is well seized of the land above conveyed as of good and absolute fee simple title and have full power and lawful authority to sell and convey said land, and that the same is free and clear from any former grants, liens, taxes, assessments, and encumbrances of any kind or nature. I \ AGREEMENT THIS AGREEMENT made this day of , 1998, by and between Sara B. Schultz ("Schultz") and the Town of Estes Park, Colorado, a Colorado corporation ("the Town"). RECITALS WHEREAS, Schultz owns the following described real property within the Town of Estes Park to-wit: Lot 4 and a portion of Lot 5, Block 10, Second Amended Plat, Town of Estes Park, Larimer County, Colorado, ("the Property"); and WHEREAS, two buildings ("the two buildings") located upon the Property encroach into a public street, Virginia Drive; and WHEREAS, Schultz desires that the Town vacate a portion of Virginia Drive upon which the two buildings encroach; and WHEREAS, the Town will agree to vacate a portion of Virginia Drive in return for dedication of a portion of the Property for a public street and other terms and conditions as more fully set forth in this Agreement. NOW, THEREFORE, in consideration of the agreements herein contined and other good and valuable consideration the parties agree as follows: 1. Schult:z agrees to dedicate the Property described on Exhibit A attached hereto and incorporated herein by reference to the Town in the form acceptable to the Town. Upon receipt of said Deed of Dedication, the Town will vacate the portion of Virginia Drive as more fully set forth on Exhibit B attached hereto and incorporated herein by reference. 2. Schultz shall not make or cause to be made any substantial improvements to the two buildings, now located on the Property. "Substantial improvement" means all repairs, reconstruction and improvement of a structure, the total cumulative costs of which repairs, reconstruction and improvement exceeds fifty percent (50°/o) of the market value of the structures either before the improvement or repair is begun, or, if the structure has been damaged and is being reconstructed, before the same occurred. 3. Schultz shall be entitled to make improvements to the two buildings, in the form of remodeling, so long as sid remodeling does not exceed fifty percent (50%) of the market value; does not extend or enlarge the structure into the vacated right of way and the Town has approved the remodeling pursuant to the Development Plan Review process of the Town. Schultz may also locate further improvements on the Property so long as said improvements do not encroach into the vacated right of way, violate any applicable set back requirements of the Town and are approved through the Development Plan Review process of the Town. A , 4. The covenants and agreements contained herein shall be binding upon all heirs, successors and assigns of the parties hereto and shall be a covenant running with Lot 4 and 5, Block 10, Second Amended Plat, Town of Estes Park and the vacated right of way set fort:h on Exhibit A. 5. This Agreement shall be recorded in the Clerk & Recorder's Office of Larimer County, Colorado. 6. Personal jurisdiction and venue for any civil action commenced by either party to this Agreement whether arising out of or relating to the Agreement will be deemed to be proper only if such action is commenced in District Court for Larimer County. 7. In the event that either party defaults under any of the terms and conditions of the Agreement, the non-defaulting party shall be entitled to maintain an action for specific performance and/or for damages incurred by said non-defaulting party. Said damages to include all reasonable attorneys' fees and costs incurred by the non-defaulting party. 8. Notices. All notices, certificates, or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified or registered mail, postage prepaid, addressed as follows: The Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 Sara B. Schultz 11. Entire Agreement. This instrument contains the entire Agreement between the parties, and no representations are relied upon that are not set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk 2 EXHIBIT 'A' 1/16 COR SEC ·~- 16 REBAR 0.3' ABOVE GRADE 0 N 1/4 COR SEC-~j- 94 2 1/1 ALUM. CAP #9485 U.S.G.LO. - 'UF 48'41 W 1327.33' BASS OF BEAmNG BRASS CAP --7 -. b ---2. \ \ #5 REBAR #J 6=====- \ \ ..... c 1\ \ ......... \·11 ........ R.O.W. TO BE DEDICATED \0\ I TO THE PUBUC b. \ 4, lit 1503.6 S.F. .7' \ 5 4 \\% PROPOSED PROPERTY/ 36 R.O.W. BOUNDARY \\ \ \44 SCALE: 1. - 60• U) 4% 11\ Milisiatil 1 1114 0 30 80 00 p X m d ~ o FOUND MONUMENTAnON \ k • SET #4 REBAR W/ 1- PLASTIC OP #9485 PIPE DOSTING R.O.W.-1 \ \ /24 TO BE VACATED 1638.2 S.F. ~ ~ ~ ~ \\ LOT 4 s „ \1 M %_~~~ /00* <~~~~L /"0" l 1 1 2 \\ e \\ 1 \ \ LOG ~ l h.\ \ 111111111!9.'%· $>»39.8#44<24.1 ~&%#STES PARK *3*.gEORGEPULL N 8959•47' W 318.71' 11.72'~ 32*AP A V'<437 330.43' #4 REBAR W/- | P.C. #9485 TOWN OF ESTES PARK BRASS CAP %,·. 4,1 0 V h.:F Curve ID # Delta Radius Arc Length Tangent Chord Length Beoring DESCRIPTION OF R.O.W. TO RF_DEDICATED TO THE 8JSIC 6250'39 120.00 131.62 73.31 125.12 S 58'18'37' E COMMENCING AT THE NOR™ 1/4 CORNER OF SECTION x' 1'24'33' 120.00 2.95 1.48 2.95 S 2511'02= E 25-5-73; THENCE S 0001'20" E 328.65' TO A TOWN OF X+X' 64'15'11' 120.00 134.57 75.35 127.63 S 5736'21' E ESTES PARK BRASS CAP, THENCE N 89'59'47' W 330.43' TO y 41'381 410.00 297.93 155.88 291.42 S 4517'31 E A TOWN OF ESTES PARK BRASS CAP, THENCE N 0005'57 E 0 4530'23' 100.00 79.42 41.94 77.35 N 67*03'31~ W 257.46' TO THE TRUE POINT OF BEGINNING; THENCE N 00~05'52" E b 24'24'15" 100.00 42.59 21.62 42.27 N 56'30'27' W 2 25'; THENCE 131.62' ALONG A CURVE TO THE RIGHT W[TH A b' 04'21- 100.00 7.11 4:N ~ NM:15~ & ~US OF 120.00' AND A 125.12' CHORD WHICH BEARS b+b' 2528'36' 100.00 49.70 22:35~ c 5759'49" 45.00 45.55 24.94 43.63 S 43'47'01» E 5818'37" E; THENCE 42.59' ALONG A CURVE TO THE RIGHT d 21-8'260 150.00 55.35 27.99 55.03 S 2521'21 E WITH A RADIUS OF 100.00' AND A 42.27' CHORD WHICH BEARS e 31'111 360.00 195.94 100.46 193.53 S 51'31'07 E N 56'30'27 W; THENCE 79.42' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 100.00' AND A 77.35' CHORD WHICH BEARS N 67*03'31" W TO THE TRUE POINT OF BEGINNING. DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. 1043 Fish Creek Road - P.O. Box 456 - Estes Park, CO 80517 BGF 3-4-98 Phone: (970) 586-9388 - Fax: (970) 586-8101 1" = 60' 97-9-17 N 0005'57 E 134.88' 257.46' .[0'9£1 EXHIBIT 'B' 1/16 COR SEC ·~· 16 REBAR 0.3' ABOVE GRADE 0 N 1/4 COR SEC -~- 94 2 1/7 ALUM. CAP /9485 U.S.G.LO. N 89·48'41 W 1327.33· .C--C--2 ----- BASIS Of- BEARING BRASS CAP b \ \ #5 - i i i \ OCT- - \\ \ c 1 R.O.W. TO BE DEDICATED b \ 7% \ 8 TO THE PUBUC 1503.5 S.F. 3.71 \34 1 X. PROPOSED PROPERTY/ \\ \ 9 R.O.W. BOUND.er .V. \ ....... .. 0 \\ 4 4 SC,LE. 1' - 60 ..... ... F. 8 30 GO 00 FE m o FOUND MONUMENTATION D 4 tIll \ 4 • SET #4 REBAR %/ r 1 P.. 1 PIPE : EXISTING R.O.W -1 ~··.·. \ PLASTIC CAP #9485 TO BE VACATED ··· \/ \3 1638.2 S.F. LOT 4 ... \ \\ ORON,1. PROPERN/. \ \\ \ 46 \; . 4 <·., 'rt. 1, .4 R.O.W. BOUNDARY \ e \\ \\ 6 \\ \ I ~ LOG ~ · g¢@%,PeR,4464· 1 - 4 ..··©*°gEORGE *'A~·<3· ~~~ TOWN OF ESTES PARK 3. %+1.#Ar,% M&~ 477SOP N 8759'47' W 318.71' 11.72~ 330.43• 7 kber * A »78 Al ...IMA. R. wILLIAil I. VAN HORN ' CO Pfft?S..fRT.•' 94,96 12=2/-J TOWN OF ESTES PARK BRASS CAP Curvi 10 # D#to Rodlu, Arc L,ngth Tong,nt L,I,gth Chord Bea,ing DESCRIEDQN_QLB.Q.LIQ-BE-YAC8Im 6?*0 1:32 14:t 7~~ 12~,9~ NS ~~~~·~ ~ 328.65' TO A TOWN OF ESTES PARK BRASS CAP; THENCE N 8959'47 W 11.72' TO THE TRUE 73-31 125.12 S 5818'37 E COMMENCING AT ™E NORTH 1/4 CORNER OF SECTION 25-5-73; THENCE S 0001'20' E X+X' 64'15'11" 120.00 134.57 POINT OF BEGINNING; THENCE 297.93' ALONG A CURVE TO THE RIGHT WTTH A RADIUS Of 410.00' y 41.387 410.00 297.93 155.88 291.42 N 4517'30' W AND A 291.42' CHORD WHICH BEARS N 46'17'3t W; THENCE 2.95· ALONG A CURVE TO THE LEFT 6 4530'25 100.00 79.42 41.94 77.35 S 6703'31- E Wirl{ A RAIUS OF 120.00' AND A 2.95• CHORD WHICH BEARS N 26'11'02' W; THENCE 7.11' b 24'24'15' 100.00 42.59 21.62 42.27 b' 44'21. 100.00 7.11 336 7.11 S 70'44'45 6 THENCE 45.55' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 45.00' AND g ?~~5 [ ALONG A CURVE TO THE LEFT WrTH A RADIUS OF 100.00' AND A 7.11 ' CHORD WHICH BEARS btb' 25 25· W 100.00 49.70 25.38 49.19 c 5759'49 45.00 45.55 24.94 g ~~~;j~ ~ A 43.63' CHORD WHICH BEARS S 4347·01~ E; THENCE 55.35' ALONG A CURVE TO THE LEFT d 21'8·267 150.00 55.35 27.99 ~ S 2521'20' E WrIH A RADIUS OF 150.00' AND A 55,03' CHORD WHICH BEARS S 2521'21 E: 1HENCE • 31'111 360.00 195.94 100.46 193.53 S 51'31 '07' E 195.94' ALONG A CURVE TO THE LEFT WrrH A RADIUS OF 360,00' AND A 193.53' CHORD WHICH BEARS S 51'31'07 E TO THE TRUE POINT OF BEGINNING. DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. BGF 3-4-98 Phone: (970) 586-9388 - Fax: (970) 586-8101 1" = 60' 97-9-17 1043 Fish Creek Road - P.O. Box 456 - Estes Park, CO 80517 N 0005•57 E 134.68' ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF VIRGINIA DRIVE WHEREAS, the owner of property encroaching into Virginia Drive has requested that the Town vacate certain portions of Virginia Drive; and WHEREAS, the owner has dedicated to the Town property contiguous to Virginia Drive; and WHEREAS, the parties have agreed that upon the dedication of said property contiguous to Virginia Drive, the Town would consider vacation o f a portion of Virginia Drive upon which certain buildings encroach; and WHEREAS, the Board of Trustees o f the Town of Estes Park has determined that it is in the best interests of the Town to permanently abandon and vacate the following described portions of Virginia Drive. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Board o f Trustees of the Town of Estes Park, Colorado hereby vacates that portion of Virginia Drive as 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 portion o f Virginia Drive. 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 BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee February 26, 1998 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Public Works Director Linnane, Clerk O'Connor Absent: Town Administrator Klaphake Chairman Doylen called the meeting to order at 8:00 a.m. 1. VIRGINIA DRIVE RIGHT-OF-WAY VACATION REQUEST (311 VIRGINIA DR.) - UPDATE/APPROVAL. The Committee reviewed an Ordinance and Agreernfi~f¢~Lot 4, and a Portion of Lot 5, Block 10, Second Ara_£g~~d-fl-at, Town of Estes Park owned by Sara B. Schultz. T hs.~5Ferty owner is requesting the Town vacate a portion of-74-ffiTia Drive as certain buildings encroach onto the stref~-ght-of-way; in return, the property owner will dedicalm-<-Portion of the property for a public street. Staff-;*frirmed that the owner cannot construct a major remodel il~ new right-of-way. William Schultz reviewed the Agreem@•Cas agreed to and revised by Town 'Attorney White. The ge*rttee recommends approval of the Ordinance and Agreement as presented. 2. RANCH MEADOW UTILITY EASEMENT VACATION - APPROVAL. - ~~ Ina letter received February 23, 1998, Van Horn Engineering and Surveying requested the Town vacate the westerly 1.0' of an existing 20' utility easement for Lot 26, Ranch Meadow Subdivision. The easterly unit of the condominiums constructed on Lot 26, Ranch Meadow was inadvertently built with the garage encroaching 0.3' into the 20' easement. The developer will circulate a routing form for all affected utility agencies. The Committee recommends approval of the request to vacate 1.0' of said utility easement, authorizing Town Attorney White to prepare an Ordinance. 3. MILES COTTAGES/HWY. 7 PROJECT - REQUEST REIMBURSEMENT. Trustee Hix declared a conflict of interest and stated-he would not participate in discussion or recommendatio_a~a letter dated July 16, 1997, John and Susan Blik/,€'ff/Miles Motel and Cottages requested the town rei~•elfe-- $190.92 for loss in business due to Highway 7 cog~*fc-tion. Administrator Klaphake previously denied the reim10'65-sement request, thus Mr. and Mrs. Baptista are appeall.*0-~taff' s decision. Director Linnane confirmed that-;0*€!i actual loss is incurred, the Town will consider re-J*Cbsement to the affected party. Chairman Doylen and Truu,0- Barker recommend denial of the request based on the fac~~"Et that this was a CDOT project, and the lack of precise doinmentation pertaining to the Motel's client. SENT BY:GREGORY A WHITE B; 3- 6-98 8:21AM ; 9706672527-4 970 586 2816;# 2 ORDINANCE NO, AN ORDINANCE VACATING A PORTION OF UTILITY EASEMENT OF RANCH MEADOWS SUBDIVISION WHEREAS, the owner ofproperty subject to utility easements has requested that the Town vacate a portion of a utility and drainage easement on Lot 26, Ranch Meadows Subdivision; and WHEREAS, there is no longer any necessity to have this portion of the utility and drainage easement proposed to be vacated; and WHEREAS, the Board of Trustees of the Town ofEstes Park has determined that it is in the best interests ofthe Town to permanently abandon and vacate a portion ofthe utility and drainage easement 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, Colorado hereby vacates a portion of the utility and drainage easement as 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 portion of the utility and drainage 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 ,1998. TOWN OF ESTES PARK By: - Mayor ATIEST: Town Clerk 3 2 a b EXHIBIT A I d L 'gEL O O+2 3 2 1.LE.£0 N h M 960.0.r. 10 - / h N . 714 cogbiou 001.1-~ 111111110 05<0 A. 0 0 0 5 Y~OA- -f Wist 0, .• 41 14 L •69'£6 2/4 y 04-to -1 eqi = 1- 0 - Ce =0 1 0,3 \ g#© -1 m k + 1 *W 0 W t y A 01 1- r- -, 0 0 Z W €z 96 l OZ MS ED 12 ./·'•··-: ... <Cl 3% . g I 1 00/r D Qi ow041 9 2 lit t= '9 1- Z 0 E- R (EQZ 55 67 b 050 8 N cki O . 1 *w go ~ 5-1 00 h •r- 1 t 1 3 < 1% i CD 1 gi z mr; 5 . aws D 0 4 1 W *w -IJ 5 Lat ~53 - Qz OC 1 r- ;0 0 - C Ill Z LLI • 5N n it ......':'-I 4 W J - ~' N 06'27'43" W - S 0754'32' E LU J -- Ill-# --1 Ii-- (011.1 - 170.99' Ld /80. 301 CD - AVMEIA'&10 - lo 1-j \k- 1 11 1 11 301 U.,1 LL AVAGAING 2 2 w» 301 (D 1 5 3 z W .- 2. AVAGANG ; - d D olu ..~ 301 5g%& W 'I 2 AVAARAING C.\1 - | - 5 KiG *3 w _ 7 - 0 0 D CS LLI .EE in 8 0.52 lit t- S Z Ze) I - 5 -20 w - ( LU I *- 4 5 1 L.1 05 02.4 1 1--- o g M 0 3 331 ZE -- kl )1030 D » T . Ill •r- -JI »0 ki 06 301 Z DO- >1030 ZE) 301 ~ ~ ~ ~ - ,~f. 11111'll!2.7/, 03 >1030 01 331 31 0 Reyew) 1030 .<7**62~ « w #43 St-I- F.t Id' 4 4 - ff/:44 0485 ap I • 9 44419\Jct, 4 ---2.M99 r 2/ 9 -3 ~ ~4 ~41(111Vhk dhx.ah,» U -1 ' 77.-i' -•a - - -2•. t.i ¢j~ - WILLIAM -4/'WAI~lig~,~*5, CO PE. &'~,4.*Iminss< · DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. 1043 Fish Creek Road - P.O. Box 456 - Estes Park, CO 80517 ALP 2-23-98 Phone: (970) 586-9388 - Fax: (970) 586-8101 1"=40' 96-12-24 LGENATL AGE EASEMIENT~ 0 ,,90. M ,St,6* 3,0VN I DECK . L *Lillin 608.9 GARAGE 30 NOUNOd 12 DRAINAGE 274.91 ' ,61/81.L 20' UTILITY EASEMENT GARAGE FFE **£09L =NOI1VA3 N ~9' 11 '06" 139.993 „St. Lt.Le S MMVINHON 87.90' 44: NO ISIA108 AS, MOD¥301 HO LEGAL DESCRIPTION OF A UTILITY AND DRAINAGE EASEMENT VACATION A 1' WIDE STRIP OF AN EXISTING UTILITY AND DRAINAGE EASEMENT IN LOT 26, RANCH MEADOW SUBDIVISION, TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF LOT 26, RANCH MEADOW SUBDIVISION, THENCE S 4540'47" W 28.22' TO THE TRUE POINT OF BEGINNING; THENCE S 0321'17' W 97.40'; THENCE 1.06' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 60.00' AND A 1.06' CHORD WHICH BEARS S 74'23'19" W; THENCE N 03'21'1~ E 97.69'; THENCE S 89'11 '06" E 1.00' TO THE TRUE POINT OF BEGINNING. ,*1\11111111!1!/////0/, /499..Rf.f42% 7 y // 44.90'•.GEORGE",76 /4 . r,1443- , ..0-11 47#G ...u CRAA1*LF**hibrl»- 1,01 9# 4./ 1•int " 0*2·····fc,j l' i,im AND P·Vy '#/#mizi mii~\\\, SHEET AMENDED PLAT PROJECT BAPTISTA LOT 1, HARTLAND SUBDIVISION VICINITY MAP PART OF THE NE 1/4 OF SECTION 31, T5N, R72W OF THE 6th P.M. N.T.S. F---TTF-T--- r Til 11 - SITE U ONE - Rt- 1 ~ ~1 ~ I f ADD. 1 1> #1 1/ ]'31-3~~_~» _i______j HIGH ACRES / , TWIN I | frio~72«14.=tu I l ACACK ACR24 ILI~I~ ~VRAIN *09>~r EU 4 8 R •0/0 9 0 Pul LISHING Co. RECORD OF PROCEEDINGS Planning Commission - January 20, 1998 Page 4 4. SUBTIVISIONS 4.a. Am ended plat, Lot. 1 . Mart--1 anel.J«hdivi slion, A Rep-1 7•t. of Lot: 7, Solit-h Raint- Vrain Addition And Lot 1, EMervirp A rreq SJ'halvlginn of Lot: 8, South Saint· vrain .Ariditinn, John and flugan 'RAptiqtpl./ApplirAnt-q 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 recommended to the Board of Trustees subject to the following conditions, and it passed unanimously. • The Applicant shall document the agreement with this revision of the owners of Lot 2 who use this Access Easement. • There may be an illegal subdivision on this property, if so this shall be corrected with this Plat. 0 An easement shall be provided for the overhead electric line along the west property line. • Place a note on the Plat stating this is a single lot. - SITE . 4 ......ffi t......F- ..1. 5/W'Er~.... 4 . ... ... 1 .... .1.f.: (,~tyi..I<,e>.17~i:;D'JkM*~~~~~f · -C, F,f.<.E..:~t'.>~j,1~1.,1:-(~ 4 , . 4 ~ ffs· .6 ·'- -:2-4 ..c.~414.44 1 . '-· :*if... :..f I .*/ 4 IIi *ir-'I : . 41~ 11:• ; -:i. .../. '.¥ I. M ~yt., c tt p·... 4 /$:.123 9 1 1 :. .,' :. ......f:.4,1 7 :'a' '·I .·, h. 1 . 7. . 4 ... 3.1$ iIi.. , e , .. - - >-,2 2 a. S•, 0 / tA<.' ~ '4't '6 7 " i 34 -• 0 '-c 1 '41 *. 3'Ork,E '1,4s• - - *104 1 0,0 5 0 0 :-L *717. NOvE•S,DE , a*TN ADD , 11§"--A. -...I 1 / R...1_ M ' 1 1 r -~T¥¥-~--~_ 1,7//g ., , '2 r JIGISM#61 1 , 1, 0 .. .U, ' 3, . 1-1 . •:· -lr' Il VICINITY MAP NTS 4 . P.\1 . .. U€¥2 :, 14.1.41 ESTES PARK SURVEYORS & ENGINEERS.- Illi/.1 P.O. - BOX 3047 . FIRST NATIONAL j BANK'Zib: ESTES 'PARK, COLORADO , g. :....I . (50tr~.t 80517 . :r.(#70),b#8~j*. GRAPHIC SCALE - -~~~~~~ PROJECT: DEVELOPMENT. PLAN . f;i.., ~ f' 3,0~ DRAWN.BY: RWS · · · .WINDY Cri~*le?LIP.4.AYZ••12 DTE #MCWrf 271 1998 , p,0, BOX 463*912 4(%5%~t ( IN FEET ) 1 inch = 10 :t ESTES.. PARK,NCO 289917fEF . .5-442-V -/ r ..4: ..,., - ·„-1. (970) 1.5864,8*4.PA#f*ili~*6 SHEE?, i OF: 1.0, PRdjEC,3 116*[~ir<.~.~:. 2.a. Special Review 98-02, Lot 2, Mountain Man Subdivision, 356 East Elkhorn Avenue, Total Gas and Stingers, Windy City LLP/Applicant. Chairman Sager opened the Public Hearing. Applicant Representative Paul Kochevar, Estes Park Surveyors, explained that the Development Plan is for the purpose of identifying areas for the use of outdoor eating tables, two on the east side and four on the west side of the building. Director Stamey noted that since the areas for placement of these tables is dimensioned on the plan, the location of these tables should not be changed, and the tables are restricted to carry-out service only. Commissioner Thomas asked if the Aoplicant considered placing the tables at the back of the building facing the Riverwalk. There are no parking requirements for this development. Chairman Sager suggested the parking layout be removed from the Plan. Kochevar reported that the parking spaces are striped and are currently used. Commissioner Burgess commented that there are presently pedestrian/ vehicle conflicts in front of the Cigar Store. Also, the 50' right-of-way Town-owned property between Total Gas and Brownfield's is encroached upon with the use Of these parking spaces. Any improvements in this 50' area may result in the westerly parking spaces becoming unusable. Kochevar reported that there is an agreement with the Town for use of this area by the Applicant. Director Stamey verified with EPURA Director Anderson that no such agreement exists. The only agreement is between EPURA and Brownfield to allow access to the rear of the building. Director Stamey requested the Applicant agree to comply with the Code and require compliance of his tenants on the property to restrict outdoor display of sale items. Comments from Estes Park Sanitation included the requirement of a grease interceptor if the food service area is expanded. Chairman Sager requested that the vicinity map be scaled and more specific to the area. Commissioner Pohl noted that the property is located on the south side of Elkhorn Ave., not the north as stated in the Applicant's submittal. Hearing no further comments, Chairman Sager -closed the Public Hearing. It was moved and seconded (Hix-Burgess) Special Review 97-02 be recommended for approval to the Board of Trustees noting the restriction on the outdoor eating area and display of outdoor sale items, and it passed unanimously. The motion did not address the parking question. RESOLUTION # BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Beer and Wine Liquor License, filed by Sweet Basil Cafd, Inc., 401 E. Elkhorn Ave., Estes Park, Colorado, is February 23, 1998. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, March 24, 1998 at 7:30 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.1 miles, as measured from the center of the applicant's property. ADOPTED: DR 8404 (06/97) Page 1 COLORADO SEPARTMENT OF REVENUE LIQVOR ENFOUCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE VER CO 80261 RETAIL LICENSE APPLICATION £ NEW LICENSE & TRANSFER OF OWNERSHIP £ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPUCANTSHOULD OBTAINA COPY OFTHE COLORADO UQUOR ANDBEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a O Individual IE corporation El Limited Liability Company U Partnership (includes Limited Liability and Husband and Wife Partnerships) El Association or Other 2. Name QI Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation TA,Ilips /Ylaney.MAK-1 -*5--te-5~ Inc. 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone 77* Le= 1,1. FLd v -As-lav·194. rac- 970 584 98:10 3. Address of Pr~mises (slatifv exact location of premises) 45/ Sou191 5%,nd Vro», A H.4 v.i. City County State ZIP Code Eete Ark L 4*, a tr- Co E-05/7 4. Mailing Address (Number and Street) C~ity or Town State ZIP Code 95/ 50.,44 9.,rAV ' r, 1 I n ts-us Ark CO F©517 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 -17*LJ,4 Ste,14·,~e 4 Lovn#t 11·29019.0000 TA VCR h] 11-24-16 SECTION A APPLICATION FEES UAB SECTION D LIQUOR LICENSE FEES 0 0 Late Renewal Application Fee ................................ $500.00 1940 E Retail Liquor Store License (city) ........................ $202.50 2300 0 Application Fee for New License .............................. 650.00 1940 0 Retail Liquor Store License (county) ..................... 287.50 2300 E Application Fee-New License Concurrent Review.... 750.00 1950 0 Liquor Licensed Drugstore (city) .......................... 202.50 2310 ® Application Fee for Transfer of Ownership ............... 650.00 1950 El Liquor Licensed Drugstore (county) .....................287.50 SECHON B 3.2% BEER LICENSE FEES 1960 0 Beer & Wine License (city) ...................................326.25 - 2121 3 Retail 3.2% Beer On Premises - (city) ,.....,...,,.......... $71.25 1960 0 Beer & Wine License (county).............................. 411.25 2121 0 Retail 3.2% Beer On Premises - (county) ................... 92.50 1970 ¤H&R License [] city Ocounty .........................475.00 2122 / Retail 3.2% Beer Off Premises - (city) ........................ 71.25 1980 OH&R Licensew/opt Prem C]city Ocounty......475.00 2122 E Retail 3.2% Beer Off Premises - (county) ................... 92.50 D Club License Ocity O county............................ 283.75 2123 0 Retail 3.2% Beer On/Off Premises-(city) ..........,...,...71.25 2010 N Tavern License ® city m county........................ 475.00 2123 El Retail 3.2% Beer On/Off Premises - (county) ..,.,........ 92.50 2020 m Arts License m city O county.............................283.75 2030 E Racetrack License C] city []county ....................475.00 SECTION C RELATED FEES AND PERMITS 2040 E Optional Premises License m city m county...... 475.00 2210-100 (999) O Retail Warehouse Storage Permit ...................... $75.00 1905 D Retail Gaming Tavern Lic Clcity Ecounty........ 475.00 1980-100 (999) m Addition of Optional Premises to existing hotel/restaurant 1975 [3 Brew-Pub License 725.00 $75.00 x Total Fee 1970-750 (999) ~ Manager's Registration (hotel & restaurant only) ... $75.00 O Other No Fee O 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 Account Number Liability Date License Issued Through (Expiration Date) State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) 1970-750 (999) I~~~ 70*////#///// Cash Fund New licons/ Cash Fund Transfor Licins, TOTAL 2300-100 2310-100 (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 gil, 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? 0 Fll (b) had an alcoholic beverage license suspended or revoked? 0 54 (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. 00 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. O® 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 00 Colorado law, or the principal campus of any college, university or seminar'y? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any m® 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? E El U Ownership 51 Lease U Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant I Expires Penc,k<,Prs,1,2.·-Ids ?Qrtturilife f. GL .iT '.1 Lirl #le-K.41; 12(.Shur#A- sb r. 0 1 -0 / -2/0 07 Attach a diagram and outlird the area to be licensed (including dimensions) which ihows 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 Mic-44 1 -¥14,11,1* 01-07-99 51170 3350 ~15, o ocp. ~ -p#Ar,lk 1 , P\Mlifs 05- /0 - 52 523 74 6843 R /0,000.00 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. 43. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No 1 A local ordinance or resolution authorizing optional premises has been adopted. 00 ~lumber of separate Optional Premises areas reqi iested ~14. Liquor Licensed Drug Store applicants, answer the lollowing: 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. £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 00 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 00 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) ~6. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 00 (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). 00 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 El 13. 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 00 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 8404 (06/97) Page 4 1 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, , general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF POSITION % OWNED BIRTH 7/trurl 50 -771+61 9.-PL i #/25 2'/R, 4.4.k¢por Ave~ve, Este.A,ki COLPA<L 10-DE.56, off,41- F«nec 6, FL,111% -29 9/ Larksp4, A.nwe Gi« L k GLA L 09*A7 - 94 st·ockke/Le 50 Additional Documents to be submitted by type of entity G CORPORATION N Cert. of Incorp. U Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP El Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY U Articles of Organization C] Cert. of Authority (if foreign company) ~ Operating Agrmt. ~ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service OATHOF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Sionature n Title Date ~-4<0-933(-¢:=r TPLAV Pgl Opirt.2 0 A-/1 -98 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted 00 b. Background investigation and NCIC and CCIC check for outstanding warrants conducted 00 c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. mm If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, businessto beconducted, and characterof the applicant are satisfactory. Wedoreportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhoodandthe desiresof theadultinhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number U TOWN, CITY E| COUNTY Signature Title Date ignature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (02/94) MUST BE ACCOMPANIED BY COLORADO DEPARTMENT OF REVENUE INDIVIDUAL FINGERPRINT LIQUOR ENFOOCEMENT DIVISION 1375 SHERMAN STREET CARDS OBTAINED FROM THE DENVER CO 80261 POLICE DEPT. INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) 614 88 /9/3 1/ 61 &24/ 1 #¥.2 }- e r-1 t 2. Your Full Name (last, first, midd ~Res-fq ur owi j llc. 3. Also Known As (maiden name/nickname, etc.) Pl,illips -- 41 <, 9 e.n.e 1/MO 4. Mailing Addrehs (if different from resid~nce) Home Telephone 70 8 0* 879 Es-tes kr\< Color:Jo 805/7 970 586 944 2 5. Residence Address (street and number, city, state, ZIP) 2.99/ l.-er·ksp~,r Ave. Es-its Ark col,rqb 80517 6. Date of Birth Place of Birth 7. U.S. Citizen? /O-08-54 kanso6 ci-y ,/v' ;5500/1 673 Yes U No If Naturalized, state where When Name of U.S. Dktrict 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's License? If yes, give number, & state G y (90 8Rk) BLU M. 1 30 Yes E No 92./9/9993 Colo+: L Name of Present Emel°Yer 11. Type of Business or Employment nA ch i i Res-1-ctunq,3- 1.& wohc\ Ids Address of Business Where Employed (street number, city, state, ZIP) Business Telephone | -209 E,-29+45-Trid- Lovut,l ...~J cl,~0~ 4 8053 Z 970 669 815 0 13. Present Position 14. Marital Status 15. Name of Spouse (include maiden nar~e if applicable) 1 M q r r Li-. a F-kne.ts E/Aa, 6-at -Pkil! i 2-5 Fl 07 J 16. Spouse's Date of Birth Spouse's Place of Birth 0 7 -27 - 96 fks-tinqs JUE,6 rqgkcl 17. Spouse's residence address, if different than yours (street andnudiber, city, state, ZIP) 18. Spouse's Present Employer Occupation 1?grk K -03 sch401 -bisir i a -NAC.Le, r 19. Address ol Spouse's Present Employer /60/ Brod u, nv~Avt Ek-ta PAr]11 GL,~h 805/7 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 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 C] Yes N 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 traffic + violations, unless they resulted in suspension or revocation of your drivefs license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. EJ Yes RI No ' 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. E Yes E No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 29 8 ) 1_«rk-sgo< A..t F€«e, Pork, Co l."do £0617 ~¥07 "+4 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 M<b~= .PED·tes&rk go,Bj-Ro +psonA- E:-tu @wk t. gog? M.anAY-c '797 79X Aclbo",\15 2-° 7 Eq·s.0 2911.1152 to,Yja.J C. So 538 MAn ,~p·r G/97 Ff'•44 10;6_Hi T40-n_n 110 As 47 0 l au 1 524 A db'-en+tr G 80 21 4 A<.p„,# ,++0,4 t 97 l 9 FCJ 2 s.trvt-CL / ~ 6/ #lebo,B 15 of Es·-tes E,rk 60/ 8,f. -77©735,n A.,L El-te-5 €©b G ©05 )7 81 4 n 43~J / 5& $ / 9 , 2./ 1/ 27. What is your relationship to the applicant? (sole owner, partner, corpor~e officer, director, stockholder, member or manager) 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 50 5 e /. 29. If partner, state whether D General 0 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 $ 56,50000 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 $ 1 7,800 A-*,c.A '11#,#,1 E.j , 58950/ 31 -F=-1}73-bbill' ff $ 3,700 Efore- P.afic 'Au-tud F., ds 58950/39 11 1, $ 1 5. 00 0 From-t,SOB.)T<£4. NI~cL.il PLILT; (L„fli) /I l 7 $ ) O, o oo 7+ 0 M :S So 9~~ pv, FGA r~, i 14 « I £ r,4--6 1 1 , I ' I. Oath of App~icant 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 O--35 41<uy==' 4 1 1111---------- Yr ) na f q] 04 9, Ctr .-4 11 /9 4 MUST BE ACCOMPANIED BY DR 84044 (02/94) COLORADO DEPARTMENT OF REVENUE INDIVIDUAL FINGERPRINT LIQUOR ENFORCEMENT DIVISION CARDS OBTAINED FROM THE 1375 SHERMAN STREET DENVER CO 80261 POLICE DEPT. INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) --77,nterkn.e. Fo.»33 -~Resl~ur nn·4 j Inc . 1-It-92 501-58-7 192 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) -PhL U.Cp« Kno,nces ELLia,6211 F 6 M & 1 Yran 4. Mailing Addreds (il different from residence) Home Telebhone P-0. 80* 94,-\ Ekle C'.Po« A , e olor« an 9 0 5 J 1 (910) 596-94 42 5. Residence Address (street and number, city, state, ZIP) 299\ Larkspur Ave. Efies3*rk, C€Le rojo 90 5\1 6. Date of Birth Place of Birth 7. U.S. Citizen? 9 /2 7 1 -9 6 N Astin<39 , lue- Ur A s k0l 7 Yes U 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's License? If yes, give number, & state 5'34' }50 11<.6.rn· 0,-12,1 jdm*\£ Lohilt M Yes 2 No 9 1 - 1 9 1 - 9 9 Go Colo. ame of Present Employer 11. Type of Business or Employment r k R-3 Sclocl Dcstric-1 e ducolion , . Address of Business Where Employed (street number, city, state, ZIP) Business Telephone ~ )50 5 Brolte- Avt Esics lork, Colorabr, 90517 (970) 596 -190 6 13. Present Position 3 r@. GX~CLAE Te-(Xej"14-v 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Pl a yrd ·e d -11 pnotkq Gang- -Phcllops 16. Spouse's Date of Birth Spouse's Place of BirthJ 10-9-56 ~Aneal (16631 1\~055Dl«C 17. Spouse's residence address, if different than yours (street and number, city, staIe, ZIP) 18. Spouse's Present Employer Occupation Ac bon cilj, 10 4-aurani fy.lana52¥- 19. Address of Spouse's Present Employer ·log tas-\- 19 « Sl·rat Lov-e.Lx#&, Colora-An 80532 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 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 U Yes ® 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 o#ense in criminal or military court? (Do not include traffic . violations, unless they resulted in suspension or revocation of your drivers license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. .. El Yes N No ' 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. E Yes E No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 2 9 9 \ 40.-r k sp Ur Ave Estes PCLY-k\CoUrnbr, 8051'7 12/97 Present 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 Supl.)65<1004 40517 , -Fkr L R-3 Sc-ko<A JI)is·1·n·ct )605 {brelk#v-LEslt<,14rk- f,e.4 teo,cku 1929 Pre.*4 Estes P,wk, teacher - 904-4 ~ 4 -Sw n o ~ t.5 ~15 -Px-r k 190 1-Ylac Greanr Av-e cewozes,7' Ml':10,.4 Cce,~p '999 Prcoe.4 . a 6,21.<5 94*11 V.noned<.OR~r< 1·'*r<(3(c.1~Mr Itylchona-las fut·a.~xa,vA, 4 645 5(51 6{02Tlornpeon Avi ethi-7 Leorkil-* 142 4 IROI J t 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) S ~O «15 € CX. n~ cl.., L ~ ~ ~ , L U C. 6- n O Let Q. r 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 5 0 9 ~h ar £ 5 50 0/0 29. If partner, state whether El General C] 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 $ (.O 0 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 $ $ $ $ Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date L*cal «M. , 01 n 0 n 2- )I-£78' D . 4 1 TOWN OF ESTES PARK * 2 9/JA'-4 . 41 420#kny Police Department -WC----pig~E#h.:- ~A~Y# '·~ 1,7 : 4:*1~*OET't< -trve,.%4,1:1·'···r.VYLL I + 1%* - I.-153:.24~~~,41k*igi-- ... 225:fl.:>,reetlf.*riled,ebte:mid*i.- /g--7- February 27, 1998 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Timberline Family Restaurant, Inc. Tavern Timothy G. Phillips Francis E. Phillips 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 Timberline Family Restaurant, Inc. Sincerely, 44-41- Randy Repola Chief of Police RR/psa (970) 586-4465 · RO. BOX 1287 · ESTES PARK, CO 80517 · FAX (970) 586-4496 DR 8404 (06/97) Page 1 COLORADO DEPARTMENT OF REVENUE LIQ!JOR ENFOFICEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE NVER CO 80261 RETAIL LICENSE APPLICATION E NEW LICENSE <TRANSFER OF OWNERSHIP m LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPUCANTSHOULD OBTAINA COPY OFTHE COLORADO UQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a El Individual U Corporation D Limited Liability Company M 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 co~ ·ation, name of corporation 1)09 R.Soomer -MARG S~ottl€r - © A-Re-01·f SpenreA . 2a.Trade Name of 2stablishment (DBA) ~ / Stat€fSales Tax No. Business Telephone SPum GG ki<fue m 03-11305--000 940 - S€-6- 3 3 08 3. Address of firemises (specify exact location of premises) 900 Ala AAIA) E City County State ZIP Code Ates pful . Go knU M er C_015 20£17 4. Mailing Address (Number And Street) City or Town State ZIP Code /0 // Apx ' .Alil-00 LA dt Estes 14-Nc qo 2 0311-7 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 SECTION A APPLICATION FEES UAB ~ SECTION D LIQUOR LICENSE FEES 0 D Late Renewal Application Fee................................ $500.00 1940 Q'Retail Liquor Store License (city) ........................ $202.50 2300 El Application Fee for New License .............................. 650.00 1940 0 Retail Liquor Store License (county) ..................... 287.50 2300 2 Application Fee-New License Concurrent Review.... 750.00 1950 0 Liquor Licensed Drugstore (city) .......................... 202.50 2310 20'Application Fee for Transfer of Ownership ............... 650.00 1950 0 Liquor Licensed Drugstore (county) .............,.......287.50 SECTION B 3.2% BEER LICENSE FEES 1960 Il Beer & Wine License (city)...................................326.25 2121 El Retail 3.2% Beer On Premises-(city) ......................$71.25 1960 El Beer & Wine License (county).............................. 411.25 2121 E Retail 3.2% Beer On Premises- (county) .........,.,.......92.50 1970 OH&R License O city O county .........................475.00 2122 E Retail 3.2% Beer Off Premises - (city) ...............,.,...,.. 71.25 1980 ~ H&R License w/opt Prem O city m county ...... 475.00 2122 U Retail 3.2% Beer Off Premises - (county) ................... 92.50 0 Club License C]city Ocounty............................283.75 2123 0 Retail 3.2% Beer On/Off Premises - (city) ,.,....,..,,..,.,. 71.25 2010 ¤ Tavem License O city [3 county........................475.00 2123 0 Retail 3.2% Beer On/Off Premises - (county) ....,.....,.,92.50 2020 O Arts License Clcity Clcounty.........,......,.......,,...283.75 2030 0 Racetrack License m city O county.................... 475.00 SECTION C RELATED FEES AND PERMITS 2040 El Optional Premises License O city m county...... 475.00 2210-100 (999) ¤ Retail Warehouse Storage Permit ...................... $75.00 1905 ~ Retail Gaming Tavern Lic C]city C]county.,...... 475.00 1980-100 (999) [3 Addition of Optional Premises to existing hotel/restaurant 1975 0 Brew-Pub License 725.00 $75.00 x Total Fee 1970-750 (999) U Manager's Registration (hotel & restaurant only) ...$75.00 El Other No Fee O 3.2% Beer On/Off Premises Only Delivery Permit No Fee D 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 Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) 1970-750 (999) I~~ vum,#,Ii,11,1,1,1:Ii,1,~m Cash Fund Now Lic•nse Cash Fund Transfer LIcers, TOTAL 2300-100 2310-100 (999) (999) 3¥IiI 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? m ki 7. Has the applicant (including any of the partners, if a parlnership; 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 %9 (b) had an alcoholic beverage license suspended or revoked? UN (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? UN 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 W 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. El *24 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of O 8- 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 ye~~ltify the namt of the business and list any 05 El current financial interest in said business including any loans to or from a licensee LAA/5 1 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? 0% m ~-Ownership El Lease U Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram 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. Cm Number of separate Optional Premises areas reqtiested 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. 00 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 00 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is m Il 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? (el) 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? 01 El (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). 00 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. D Il 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 m o ~ 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 8404 (06/97) Page 4 ~ f9. If a#plicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, ' general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF POSITION % OWNED BIRTH UOR *570'Ket- 32£- h- D.06-u ES&.Audit (1 1.-1 1-1% p,L.,u 4290 MNG SfoW,u-EJA De*v Eyta~ P..Al ee 6 -30 - l¥ pJZ-u, L/% ©to 1)f~£-,1 570#£+ foil 24.v 0)'0) IA.8, Ch b -21-et= AAciA- 'r /O 642..PeaL r Ph*hAC.r .to J Additional Documents to be submitted by type of entity ~ CORPORATION ~ Cert. of Incorp. 01 Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) PARTNERSHIP El Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY ~ Articles of Organization El Cert. of Authority (if foreign company) El Operating Agrmt. U ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service OATH OF APPLICANT declare under penalty of perjury in the second degree that this application and at[ attachments are true, correct, and complete the best of my knowledge. I also acknowledge that it is my res®nsibility and the responsibility of my agents and employees to comply with the provisions-of the Colorado Liquor or Beer Code which affect my license, Authorized Signature Title Date REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted 00 b. Background investigation and NCIC and CCIC check for outstanding warrants conducted m El c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 00 If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, businessto be conducted, andcharacterof the applicant are satisfactory. We do reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhoodandthe desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number ~ TOWN, CITY U COUNTY Signature Title Date nature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. 9 AFFIDAVIT To: State of Colorado Liquor License Authority I, Don R. Spomer, a partner in the existing partnership licensed to operate Spur Liquor Store of Estes Park, Colorado, do hereby declare that on January 1, 1997 the partnership has granted a 5% interest in the business to Darcy Ann Spomer, the present operating manager. The partnership now will be made up of 3 partners - namely Don R. Spomer, Marg Spomer, and Darcy Spomer respectively. but~ Don R. Spomer, rtner Dated 60¢--3,/997 State of Colorado County of Larimer The foregoing instrument was subscribed and sworn before me this 3 day of October, 1997. My commission expires .5119/0/ Notary Public f,14 94 76- State of Colorado Notary Public Scott W. Logemann \4 1*--44, TOWN OF ESTES PARK 4 a - Police Department -,-5=6414*57 =bp./0/6/7 60'% 'h.#-- *4~4.-2 .I» b JAA /66;'»4 :~SEL-*:92/&~br*,ASTal*%5# ; *9K.fEL,riaf i,Th.©,;\.t#',9i.-'/2:'~...7. ,4 41,- 44,4.A66 3 ,; L.*'%45<~22)1!Crelt €:5>- -r' {f 4 /p 6*.#424739'·t , March 5, 1998 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Spur 66 Liquor Retail Liquor Store Darcy A. Spomer Don R. Spomer Marg Spomer 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 Spur 66 Liquor. Sincerely, 4-« Randy Repola Chief of Police RRipsa (970) 586-4465 • RO. BOX 1287 • ESTES PARK, CO 80517 • FAX (970) 586-4496 03/06/98 13:24 83038660200 HRO DENVER N7382 01002 . STATE OF COLORADO ) COUNTY OF LAIUMER ) TOWN OF ESTES PARK ) The Board ofTrustees of the Town of Estes Park, Colorado, met in regular session in full conformity with the niles and ordinances of the Town at the Municipal Building, 170 MacGregor Avenue. in Estes Park, Colorado on Tuesday, the 10th ofMarch, 1998, at 7:30 p.m. Upon roll call the following were present constituting a quorum: Mayor: Robert L. Dekker Mayor Pro-Tem: Susan L. Doylen Trustees: Jeff Barker John Baudek George J. Hix WilliamU[Marshall J. Donald Pauley Absent: Also Present: Town Administrator: Gary Klaphake Town Treasurer/Finance Officer: Monte Vavra Town Clerk: Vickie O'Connor Town Attorney: Gregory White, Esq. Thereupon Trustee introduced and there was read the following Resolution: #382445 03/06/98 13:24 123038660200 HRO DENVER N7382 @003 , RESOLUTION NO. 4-98 A RESOLUTION REVISING THE FINAL TOTAL COST OF THE PUBLIC IMPROVEMENTS MADE IN PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1, IN THE TOWN OF ESTES PARK, COLORADO; ADJUSTING AND REDUCING THE SHARE OF SAID COST ASSESSED AGAINST EACH LOT IN THE DISTRICT; AND RATIFYING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, by Ordinance No. 12-95, finally passed and adopted on August 8, 1995, the Board of Trustees (thc "Board") of the Town of Estes Park, Colorado (the "Town"). created Park Entrance Estates Special Tmprovement District No. 95-1 (the "District"), for the purpose of paying for public improvements to be constructed in the District; and WHEREAS, the total cost of such public improvements was definitely ascertained in accordance with state statutes; and WHEREAS. such total cost was duly and lawfully determined to be 3460,000, less $20,000 which was paid by the Iown to reflect the general benefit provided by such improvements to the Town, leaving $440,000 to be assessed against the real property specially benefited and included within the District; and WHEREAS, the Board apportioned a share of such cost to each lot in the District, in accordance with the benefit< to be derived by said property and prepared an assessment roll showing the share attributed to each such property: and WHEREAS, the Board duly adopted Ordinance No. 5-96 (the "Assessment Ordinance"). approving and confinning such apportionment of said total cost to properties within the District receiving special benefit from the construction ofthe public improvements; and WHEREAS, the Board directed the Town Treasurer/Finance Officer to collect amounts payable in accordaaee therewith; and WHEREAS, owners of 23 assessed properties have paid the assessments on such properties in full on or before the date of this Resolution; and WHEREAS, owners of 14 assessed properties elected to pay and now are paying the assessments on their properties in ten (10) annual installments, with interest; and *364 2 03/06/98 13:25 123038660200 HRO DENVER N738Z ..11 V V - ' WHEREAS. the construction of the improvements in the District now has been completed and all costs have now been paid by the Town; and WHEREAS, the total cost of such improvements actually was less than the definitely ascertained cost of $460,000; and WHEREAS, the Board has detennined and hereby determines that it is in the best interest of the inhabitants of the District to adjust and reduce the assessments which are payable in installments by current property owners within the District on a pro rata basis to rdect mich reduction in the total cost of the improvements; and WHEREAS, tile Board has determined and hereby determines that it is in the best interest ofthe inhabitants of the District lo refund a portion of the assessments which have been paid in full on a pro rata basis to current property owners to reflect such reduction in the total cost of the improvements; and WHEREAS, it is necessary for the Boiird: (i) to authorize such adjustment and reduction in total cost by legislative measure; (iD to approve and confirm refunds to current owners of properties for which assessments have been paid in full; (iii) to approve and confirm an amended assessment roll for current owners ofproperties for which assessments are being paid in installments; and (iv) to ratify the tenns and provisions of the Assessment Ordinance; NOW THEREFORE, THE TOWN OF ESTES PARK, COLORADO RESOLVES: Section 1. Confirmation ofAdjusted and Reduced Costs and Assessments. The adjusted and reduced total and final cost of the improvements in the District is hereby approved and confirmed as of March 10, 1998. The Board hereby adjusts and reduces the share of said cost assessed IO and upon each lot within the District. Said apportionment is hereby declared to be in accordance with the special benefits which the property in the District received by reason ofthe construction of said improvements. Section 2. Assessments Paid in Installments. Current owners ofthe 14 properties for which assessments are being paid over time shall pay the reduced annual installments set forth on Exhibit A, attached hereto and incorporated herein by this reference, to correct for the adjusted and reduced assessment amounts. Section 3. Assessments Paid in Full. Current owners of the 23 properties for which assessments were paid in full prior to the date of this Resolution shall receive prorated amounts in #332443 3 03/06/98 13:25 €23038660200 HRO DENVER N7382 0005 , cash to correct for the adjusted and reduced assessment amounts. A schedule showing such amount applicable to each property individually is attached hereto as Exhibit B and incorporated herein by tllis reference. Section 4. Payment of Assessments. The Board hereby directs the Town Treasurer/Finance Officer to collect all of the reduced amou11ts now payable in installments as an assessment under the Assessment Ordinance pursuant to Section 31-25-526(1), Colorado Revised Statutes. The assessments shall be due and payable at the office ofthe To*n Treasurer/Finance Officer at the same time and in the same manner as set forth in the Assessment Ordinance. Section 5. Waiver of Objections. Pursuant to the terms of The Assessment Ordinance, all persons electing to pay in installments shall conclusively bc considered to have consented to said improvements. Such election shall conclusively be considered to be a waiver of any right to question the power or jurisdiction of the Town to construct the improvements, the quality of the work, the regularity or sufficiency ofthe proceedings, the validity or the correctness ofthe assessments, or the validity of the lien thereof. Section 6. Installments. The remainder of said installments shall be due and payable successively on or before April 15 of each year thereafter until paid in full, with interest on the unpaid principal amount calculated at the rate of 6.750% per annum, accruing from April 16, 1997. The tenth (10th) and lasl installment will be due und payable on April 15,2006. The owner of any property notindcfault as to payment of any installment or portion thereof may at any time pay the whole of the unpaid principal with the interest accruing lo the maturity of the next installment. Section 7. Penalty for Default or Non-Payment. Failure to pay the whole amount ofany installment when due also shall cause the whole of the unpaid principal of and interest on the assessment amount to become due and collectible immediately. The whole amount of any such unpaid principal and the accrued interest thereon shall, after such property sale or such failure to pay an installment, draw interest at the rate established pursuant to Section 5-12-106(2) and (3). Colorado Revised Statutes, until the date of forcclosure sale or tax sale. In the case offailureto pay any installment or portion thereof, at any time prior to the date of forcclosure sale or tax sale the owner may pay the amount of all unpaid installments with interest al said penalty rate per month or fraction of a month and all other penalties and costs of collection accrucd, and shall be restored to the right thereafter to pay in installments in the same manner as if the default had not been suffered. #382445 4 03/06/98 13:26 83038660200 HRO DELN I EK iN I J o A L Section 8. Assessment Lien. All assessments levied against the real property in the District together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the Snal publication of the Assessment Ordinance, a perpetual lien in the several amounts assessed againsteach lot or tract of land. Such lien shall have priouty over all other liens except general lax liens, and shall be enforced in accordance with the laws ofthe State of Colorado. Section 9. Ratification of Assessment Ordinance. The terms and provisions of the Assessment Ordinance are hereby ratified and confirmed in their entirety except insofar as the adjustment and reduction of assessments authorized in this Resolution shall modify any such terms and provisions. Section 10. SeviIability. If any one or more sections or parts of this Resolution shall bc adjudged unenforceable or invalid, such judgment shall not affect impair, or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. Section 11. Repealer. Ali acts, orders, resolutions, ordinances, or parts thereof, in conflict with this Resolution, are hereby repealed. Section 12. Recording and Authentication. 'fhis Resolution, immediately on its passage, shall be recorded in the customary manner for Town Resolutions and shall be authenticated by the signatures ofthe Mayor and Town Clerk. Section 13. Effective Date. This Resolution shall be effective immediately upon its adoption by the Board. 5 03/06/98 13:26 123038660200 HRO DENVER N7382 @008 .. EXHIBIT A to Resolution No. 4-98 (Attach amended assessment roll) 0382445 7 03/06/98 13:26 93038660200 HRO DENVER i /406 .- I . EXHIBIT B to Resolution No. 4-98 (Attach Refund Calculations) :382445 8 03/06/98 13:27 23038660200 HRO DENVER N7382 Trustee then moved that the foregoing Resolution read at this meeting be adopted. Trustee seconded the motion. The question being upon the adoption of the motion, the roll was called with the following result: Those voting YES: Those voting NO: The presiding officer thereupon declared that, not less than amajoIity of all the members of the Board of Trustees having voted in favor thereof, the motion was carried and the Resolution adopted. Thereupon, after consideration of other matters to come before the Board of Trustees, the meeting was adjourned. (SEAL) Town Clerk £2415 9 3 429 TOWN OF ESTES PARK A LAA#..'42/ u«tat.0 2,7 4*,/Al. A - -=2,»=·,41 r-,94'ar = J,1-1 3~3~~- *~2,4..4~di'id ~4:W./" •1*$=*//A *· /-,l March 5, 1998 TO: Mayor Dekker Board of Trustees Gary Klaphake, Town Administrator FROM: Art Anderso~,1,::~~'~~~~ Project Officer P RE: STANLEY HALL ELECTRICAL SERVICE REBUILDING On Tuesday, February 24, letters were sent to all Estes Park electrical contractors asking them to return a qualification sheet if interested in working on the Stanley Hall electrical upgrade. The deadline for return was Monday, March 2, 1998. Two qualification forms were returned: Estes Valley Electric, Inc., and Rightway Electric Co., Inc. The electrical contractors were interviewed on Thursday morning, March 5, 1998 by myself and Walt Steige, Electrical Engineer for the project. Both companies are well qualified and have commercial experience. Based on the qualifications, depth of institutional experience, and interview, Estes Valley Electric, Inc. is recommended to be retained for the electrical work on Stanley Hall. This project involves wiring in conduit within an old structure. This environment is better served by using a "Time and Material (T&M)" contract. The total value of the allocated portion of the grant will not be exceeded. This is estimated at $100,000 including engineering, electrical work and design of the theater lighting system. Thank you. (970) 586-5331 • RO. BOX 1200 • 170 MAC GREGOR AVENUE · ESTES PARK, CO 8051 7 • FAX (970) 586-281 G