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Home My WebLink AboutPACKET Town Board 1998-12-08r ri Prepared 12/2/98 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, December 8, 1998 7:30 p.m. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. 1. Town Board Minutes dated November 24, 1998. 2. Bills. 3. Committee Minutes: A. Public Safety, December 3, 1998: 1. Revised Intergovernmental Agreement w/Larimer Emergency Telephone Authority - Approval. B. Planning Commission, November 17, 1998 (acknowledgment only). C. Board of Adjustment, December 1, 1998 (acknowledgment only). A. ACTION ITEMS: 1. Public Hearing: Ordinance #25-98 - Amending Title 17 by Providing for a Moratorium on Certain uses and Developments of Land within the C-D and C-0 Zoning districts, pending consideration of Amendments to Title 17 - Town Attorney White. 2. Post Award Public Hearing/Senior Center Remodeling Project - Town Administrator Widmer. 3. T.A.B.O.R. Agreements (Standard Renewals) - Town - Administrator Widmer. 4. Ordinance #26-98 - Establishment of Senior Center Advisory Board - Town Attorney White. 5. Appointments/Reappointments: A. Estes Park Senior Center Advisory Board: 1999 Officers: Richard Lange/President, Bill Marshall/V. President, Mary Ella Pearson, Secretary, (Treasurer/vacant), Mary Lou Faiella/Past President, 3- yr. Director/Lois Chase, term expires 12/00, 2-yr. Director/Elaine Hostmark, term expires 12/99, 1-yr. Director/Barbara George, term expires 12/99, Ross Moor and Don Tebow/Lifetime Directors. B. Estes Valley Joint Planning Commission: Cherie Pettyjohn, four-year term expiring 12/31/02 - Reappointment. C. Museum Advisory Board: Susan Harris, 4-yr. term expiring 1/01/2003 - Reappointment. Jackie Johnson, 4- yr. term expiring 1/01/2003 - Appointment. D. Stanley Hall Advisory Board: Polly Gunn, Jo Hazlitt, Sandy Lerner, Bennett Penn, Tim Phillips, Bob Pratti, and Greg Steiner. 6. Liquor Licensing: A. Transfer of Ownership from Big Horn, Inc. (Ricciardi) to Big Horn Restaurant, Inc. (Brown), Beer & Wine Liquor License, 401 W. Elkhorn Ave. B. 1999 Special Event Permits filed by the Art Center of Estes Park, Inc., for public receptions scheduled 1/15, 2/26, 4/9, 5/1, 6/11, 7/16, 8/27, 10/8, 11/19. 7. Intergovernmental Agreement for Exchange of Services or Resources between Berthoud, Eaton, Evans, Greeley, Johnstown, Kersey, Loveland, Milliken, Timnath, Wellington, Windsor, Larimer County and Weld County. 8. Town Administrator's Report: A. Assistant Town Administrator Position. B. Town Board Meeting Time - Discussion on changing the time from 7:30 p.m. to 7:00 p.m. 9. Request to enter Executive Session to discuss property negotiations, personnel matters, and contract negotiations. NOTE: DUE TO THE HOLIDAY SEASON, THE DECEMBER 22, 1998 TOWN BOARD MEETING HAS BEEN CANCELED. 1 Town of Estes Park, Larimer County, Colorado, November 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 ... Building in said Town of Estes Park on the 24th day of November, 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 Lori Jeffrey William J. Marshall Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Dekker 6pened the meeting at 7:30 p.m. PUBLIC COMMENT: None. TOWN BOARD COMMENTS: None. CONSENT CALENDAR: A. Town Board Minutes dated November 10, 1998. B. Bills. C. Committee Minutes: 1. Light and Power, November 12, 1998: a) Fall River Hydro Restoration Project - Authorization to execute contract for planning phase. b) Radio System Upgrade - Authorization to Purchase. c) *NEW ITEM: Change Order #1 for Electrical , System Improvements/TSI, Inc. - Increase of $3,284.75 for Retirement of 9,385' of Telephone Cable - Approval of Expenditure. 2. Public Works, November 19, 1998: a) Policy/Procedure Manual - Amendments to: (1) Application for Service (2) Connection Charge (3) Previously Purchased Water Taps (4) Bulk Rate Water Users b) Rural Water Tap Requests - Approval: (1) 1470 Fish Creek Road (2) 1531 Fish Hatchery Road (3) *Hwy. 34 - Former drive-in theater property. Mayor Dekker removed Item *C.2.b)(3) from the Consent Calendar. Thus, with the exception of Item C.2.b)(3) above, it was moved and .1 4 t .. Board .of.Trustees - November 24, 1998 - Page 2 secionded (Hix/Doylen) the Consent Calendar be approved, and it passed unanimously. Town Administrator Widmer reported that staff has negotiated a ' Water T,ap Agreement with .the property owners, Richard and Ola Stanger. The Owner's Representative, Roger Thorp, presented two drawings and explained the development proposal for a hotel/conferencing facility, cabins, etc. He is working with the EVRPD and Bureau of Reclamation on hike/bike trail access. The first phase includes a 56-unit hotel ahd conferencing facility (smaller than Estes Park Conference Center); the conference facility will seat 2001, and there will be a restaurant and lounge (lodging includes suites). The owner is supplying an additional 24-28 dormitory-style employee housing units that will be located within Phase I. As the site is located outside Tom limits, they have applied for a footing/foundation building permit from Larimer County. The County will issue the permit as the Town has agreed to provide water service, and the Town is providing water service pursuant to negotiations and the resultant Water Tap Agreement. Mr. Thorp commented on proposed lodge materials (stone, log structure, glass, best quality asphalt shingles), stated the Owner is proposing a high-quality mountain resort facility. Trustee questions/comments included: height of structure (confirmed that the average height is proposed at 33' 6", 24 levels high); roof pitch calculations; adequate ingress/egress (CDOT will require improvements i.e.: accel/decel lanes); phasing schedule (Phase I which includes the main lodge and parking area-excavation Will begin as soon as the footing/foundation permit is in hand; plan to open in Spring, 2000); shared access for development and the marina; water tap size of 3", but due to Fire requirements, they will install an 8" water main to the site; the entire site will not be disturbed at this time due to the phasing-only Phase I construction will affect the site; and the screen structure will be removed as the First Phase is being constructed. Mr. Thorp confirmed that the Owners were not in favor of annexation, however, in order to obtain water service, negotiations were successful. Attorney White reviewed the Water Tap Agreement settlemdnt: the Owneri must annex within one year of the issuance of the Certificate of Occupancy for Phase I; the Town will prepare the annexation petition and maps for annexation; development is to be reconfigured to meet Town requirements for the cabins in order to meet current density standards; parking and landscaping are to meet current Town requirements under C-0 zoning; Owner is to obtain any required CDOT access permits and confirm access across Bureau of Reclamation property; Owner is to contact the EVRPD (completed); Owner is to pay the appropriate water tap fee for a 3" water line; the Owner will receive any applicable credit Â·for their existing commercial tap; the Owner must bring an 8" water main to the property; the project must be constructed according to the current design, if there are any deviations, the Owner must obtain Town approval; and the current 33'6" height is acceptable to the Town. Staff confirmed that Larimer County allows a 40' building height, therefore the aforestated height does comply to County standards; in essence, the building height will be "grandfathered" when annexed. Mr. Thorp confirmed that the housing units are in addition to the 56Â·accommodation units. Complimenting staff and the property owners for their negotiations, it was moved and seconded (Baudek/Marshall) the Water Tap Agreement for the former drive-in theater property on Highwhy 34 be approved, and it passed unanimously. â€ž , Board of Trustees - November 24, 1998 - Page 3 ACTION ITEMS: 1. Resolution #21-98 - Supplementing 1998 Budget (Senior Center, Water, and Fleet Maintenance Funds). Finance Officer Vavra presented said Resolution supplementing the Senior Center Fund by an increase from $51,445 to $59,882; the Water Fund by an increase from $2,621,964 to $2,891,033; and the Fleet Maintenance Fund from $209,045 to $272,605. Officer Vavra read the Resolution, and it was moved and seconded (Doylen/Barker) Resolution #21-98 be approved, and it passed unanimously. 2. Resolution #22-98 - Municipal Court Christmas Program. Police Chief Repola presented the Resolution that would authorize the Estes Park Municipal Court to participate in a Community Service Christmas Special Program to benefit needy children. Six conditions were reviewed, with staff confirming that the donation shall not exceed $2,500 in traffic fines, in cash or in kind, and the donation will be made to the Estes Park Bright Christmas Program. The donation will actually affect only the December 2 court date. It was moved and seconded (Doylen/Marshall) Resolution #22-98 be approved, and it passed unanimously. 1'' 3. 1999 Pay Plan. Town Administrator Widmer reported that the 1999 Pay Plan was reviewed by the Town Board at their Budget Study Session held November 20th. The pay for performance merit-based proposal is as follows: Below Standard 0% Merit Increase Standard 1.5% " Above Standard 1.5-5% " Salary adjustments include creating a Police Officer III position at a Grade 16; re-grading Police Corporal and Investigator positions from Grade 16 to 17; create a Community Resource Officer position at a Grade 17; re-grade the Police Sgt. Position from Grade 18 to 19; re-grade Police Administrative Lt. and Operations Lt. positions from Grade 20 to 21; and re-grade the Police Capt. position from a Grade 21 to 23. There are no new Police personnel being proposed as a result of the above, and the cost is estimated at 0.5% of payroll. In addition, the Special Events Director, Museum Director, and Town Clerk positions would be re-graded from Grade 18 to 20. The estimated cost of these three re-gradings is estimated at 0.3% of payroll. Stating the Town manages the pay plan in a fair and reasonable manner, comparable with the market, it was moved and seconded (Doylen/Hix) the 1999 Pay Plan (Merit system, salary adjustments, and re-gradings) be approved as presented, and it passed unanimously. 4. Ordinance #22-98 - Amending Section 2.52.040 of the Municipal Code regarding the salary of the Clerk of the Municipal Court (effective December 27, 1998). Town Administrator Widmer presented an Ordinance increasing the Municipal Court Clerk salary 10% based on a two-year schedule to $6,353.00. Town Attorney White read the Ordinance, and it was moved and seconded (Doylen/Hix) Ordinance #22-98 be approved, and it passed unanimously. 5. Ordinance #23-98 - Right-of-Way Permit Application and Construction Standards. Public Works Director Linnane reviewed the Right-of-Way Permit Application and Construction Guidelines which were favorably recommended by the Public Works Committee. Staff clarified compaction requirements, and Town Attorney White read the Ordinance. Stating that this was I , Boatd of. Trustees - November 24, 1998 - Page 4 a major undertaking for County and Town staff,,that adoption Â· of the application and standards will be beneficial for roads and contractors alike due to having a uniform standard throughout the County, it was moved and seconded (Baudek/Barker) Ordinance. #23-98 be approved, and it passed unanimously. 6. Ordinance #24-98 - Outside Water Service. Town Attorney White reviewed the Ordinance regulating the use of water outside Town - limits and requiring all applicants for water service outside Town limits to annex their property to the Town prior to furnishing of water service. Attorney White read the Ordinance, and it was moved and seconded (Baudek/Barker) ordinance #24-98 be approved, and it passed unanimously. 7. Estes Valley Public Library Board - Appointment. Mayor Dekker reported that Jan Bode has resigned from the Library Board, and he requested Cami Sebern be appointed to complete Ms. Bode's term which will expire 12/31/2001. It was moved and seconded (Marshall/Doylen) Ms. Sebern be so appointed, and it passed unanimously. 8. Resolution #23-98 - Setting Show Cause Hearing date of January 12, 1999 for Rocky Mountain Discount Liquor, 350 W. Riverside Dr. It was moved and seconded (Hix/Barker) Resolution #23-98 be approved, and it passed unanimously. 9. Town Administrator's Report. A. The Notice of Public Hearing and proposed Ordinance concerning the Moratorium on certain new developments and uses within the existing C-D and C-0 zoning districts have been distributed to all Town Board members. The public hearing is scheduled December 8, 1998. B. The Sales Tax Report for September indicates an increase of 21.9%, raising the year-to-date increase to 10.2% from 1997. Following completion of all agenda items, Mayor Dekker announced that due to the holiday season, the December 22, 1998 Town Board Meeting has been canceled. Trustee Doylen reminded everrone of the Annual Christmas Parade scheduled Friday, November 27 t . Mayor Dekker adjourned the meeting at 8:16 p.m. Robert L. Dekker, Mayor Vickie 0' Connor, Town Clerk' BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee December 3, 1998 Committee: Chairman Marshall, Trustees Baudek and Hix Attending: Trustees Baudek and Hix Also Attending: Town Administrator Widmer, Police Captain Filsinger, Fire Chief Dorman, Deputy Clerk van Deutekom Absent: Chairman Marshall, Police Chief Repola Trustee Baudek called the meeting to order at 8:00 a.m. POLICE DEPARTMENT Revised Larimer Emergency Telephone Authority (LETA) Intergovernmental Agreement: The Town of Estes Park has been a participating member of LETA since its inception (1990). 'As a participating member, the Town of Estes Park was a signatory of the original Intergovernmental Agreement (IGA). Since then, certain changes have occurred in the operating of LETA and require a modification to that IGA. The agreement to modify and amend accomplishes the following: 1. Adds the Windsor-Severance Fire Protection District as a signatory to the IGA. In addition, it includes Colorado State University within LETA. Neither addition changes the Board structure. 2. Sets forth a change that makes all definitions in the IGA consistent with the Colorado statutes defining emergency telephone service. 3. Reflects changes in Colorado law with regard to emergency telephone services made since November 14, 1990, when the IGA was originally adopted. This makes the powers of LETA consistent with the legislative declaration with regards to emergency telephone authorities. 4. Sets forth a change concerning LETA's budget. Since its inception, LETA's budget has been included with the over all budget of Larimer County. Beginning in 1999, LETA's funds will be managed separately from the County. Accordingly, LETA will be required to comply with state law with regard to submission and approval of its budget. Additionally, the modification reflects simplifications of the "funds and operations" portion of the IGA since Larimer County is no longer involved with LETA's finances. The Committee recommends approval of modifications to the Larimer Emergency Telephone Authority Intergovernmental Agreement as presented. Criminal Mischief Restitution: In response to a Committee inquiry, Town Attorney White was contacted regarding criminal mischief restitution. He concluded that the criminal courts, at all levels, have the authority to order restitution as a condition of sentencing. Restitution issues are most appropriately handled through the civil courts and, therefore, it would not be appropriate to adopt an ordinance covering this issue. Address Visibility Notification Letter: Captain Filsinger reported that a notification letter will be sent to any location (within the Town limits) that emergency crews cannot find quickly and easily. A sample letter was presented to the Committee for review. The Committee requested assistance from the local newspaper in notifying the community of address visibility importance. Captain Filsinger will provide a follow-up report, to include the number of letters sent to homeowners, at the next Committee meeting. DRADFORD.U.LISHING.O. RECORD OF PROCEEDINGS Public Safety Committee - December 3, 1998 - Page 2 FIRE DEPARTMENT Colorado State Forest Service Truck Update: Town Attorney White is currently reviewing a lease agreement between the Fire Department and the Colorado State Forest Service for a five-quarter ton truck. The Forest Service will handle all major maintenance, and the Fire Department will handle all minor maintenance. The four- wheel drive pump truck should remove some off-road burden from Engine 5. Wildfire Safety Tips: Fire Chief Dorman presented the Wildfire Safety Tips brochure prepared by Larimer County, Poudre Fire Authority, and Colorado State Forest Service. The brochures will be available to the public at no charge. Fund Drive Update: Funds collected to date for the new engine tanker total approximately $56,000. Additional funds are expected from the crafts fair. Donations received from the bulk mailing drive are beginning to dwindle in number. The Fire Department share of the truck will be between $75,000 and $80,000. Approval of ISO Required Fire Flow Calculation Method: Fire Chief Dorman reported using several different calculation methods to determine fire flow. To simplify these calculations, he recommended using one method. Following a discussion of the methods, the Committee determined that more review was needed on the most appropriate method. The Committee will have further discussion on this item at the next meeting. REPORTS NIBRS Third Quarter Results - Group B Offenses: Captain Filsinger presented the third quarter NIBRS report of Group "B" offenses. An increase in driving under the influence violations was noted. The category identified as "All Other Offenses" is a catch all category and includes skate boarding and bicycling violations. The Committee expressed appreciation for all the extra assistance provided by police officers during and after the events of the past weekend. There being no further business, Trustee Baudek adjourned the meeting at 8:24 a.m. 90 Vam 421Â·2 Rebecca van Deutekom, Deputy Town Clerk Frey, Kori), Haggerty & Mickaels, P.C. Attorneys at Law John p, Frey 318 Canyon Avenue, Suite 200 -*Â©EDVE-% Fort Collins, Colorado 80522-2283 P.O. Box 2283 Telephone (970) 493-8622 Fax (970) 493-1218 November 17, 1998 -~ NOV 1 9 1998 1.=~ Town Clerk Town of Estes Park P. O. Box 1200 Estes Park, CO 80517 Dear Town Clerk: Our offices represent the Larimer Emergency Telephone Authority (LETA). On November 4, 1998, the LETA Board of Directors approved the enclosed agreement to modify and amend the Intergovernmental Agreement dated November 14, 1990. In summary, the Agreement to Modify and Amend accomplishes the following: 1. Adds the Windsor-Severance Fire Protection District as a signatory to the IGA with regard to those portions of Larimer County served by that district. This will not change the structure of the Board but will simply provide that the Windsor-Severance Fire Protection District will have representation on the Board through the member designated in the IGA as the representative for all fire districts. 2. Includes Colorado State University within LETA. Again, there will be no change in the structure of the LETA Board, since CSU will be represented on the Board by the designated member from the City of Fort Collins. 3. Sets forth in paragraph 3 a change that makes all definitions in the IGA consistent with the Colorado statutes defining emergency telephone service. 4. Reflects in paragraph 4 the changes in Colorado law with regard to emergency telephone services made since November 14, 1990, when the IGA was originally adopted. This makes the powers of LETA consistent with the legislative declaration with regard to emergency telephone authorities. Town Clerk Town of Estes Park Page 2 November 17, 1998 5. Sets forth in paragraph 5 a change concerning LETA's budget. Since its inception, LETA's budget has been included within the overall budget of Larimer County. Beginning in 1999, LETA's funds will be managed separately from the County. Accordingly, LETA will be required to comply with state law with regard to submission and approval of its budget. 6. Reflects in paragraph 6 siniplification of the "Funds and Operations" portion of the IGA, since Larimer County is no longer involved with LETA's finances. In order for the Agreement to Modify and Amend to become effective, it is necessary to obtain approval from all of the signatories to the original Intergovernmental Agreement. If the Agreement to Modify and Amend is acceptable, please obtain the necessary approval of your governing board. The Agreement provides for signatures in counterparts. An original signature page (page 4) is enclosed for this purpose; please have it properly signed in the appropriate signature block and returned to me. Once we have obtained the approval of all signatories, we will provide you with a complete copy of the agreement for inclusion in your permanent records. Please let,us know if you have any questions or require further clarification. mr f # \nobay , PreÂ¥' / ~/ Attofney f6iarimer Emergency Telephone Authority jk enclosures pC: Chief Randy Repola, Chair, LETA Board Ms. Debbie Tellez, LETA Administrative Assistant AGREEMENT TO MODIFY AND AMEND INTERGOVERNMENTAL AGREEMENT CONCERNING THE, IMPLEMENTATION OF AN "E911" EMERGENCY TELEPHONE, SERVICE THIS AGREEMENT is made and entered into this day of , 19 , by and between the signatories to that certain Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency Telephone Service. WITNESSETH: WHEREAS, the parties hereto are signatories to that certain Intergovernmental Agreement dated November 14, 1990; and WHEREAS, since the date of the adoption of that Intergovernmental Agreement, Colorado law enabling the creation of emergency telephone authorities has been modified requiring the amendment of the Intergovernmental Agreement dated November 14, 1990; and WHEREAS, the practical operation of the authority since November 14, 1990, further dictates that the Intergovernmental Agreement be modified; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: 1. Windsor-Severance Fire Protection District. Windsor-Severance Fire Protection District, a Colorado special district headquartered in Windsor, Colorado, provides fire protection services to portions of Weld and Larimer Counties. The Windsor-Severance Fire Protection District has petitioned for inclusion in the Larimer Emergency Telephone Authority for those areas of Larimer County wherein the Windsor-Severance Fire Protection District provides services. By the terms hereof, the Windsor-Severance Fire Protection District shall become a signatory of the Intergovernmental Agreement and shall be represented on the Larimer Emergency Telephone Authority Board through the member designated in paragraph III.C.3 of the Intergovernmental Agreement, providing for one member of the Board to be selected from all fire districts which are signatories to the Intergovernmental Agreement. Page 1 of 7 2. Colorado State University. Colorado State University is a governmental entity located in the City of Fort Collins, Larimer County, Colorado. Colorado State University maintains a public service answering point (PSAP) which works in conjunction and cooperation with the other PSAPs currently operating in Larimer County. Colorado State University has petitioned for inclusion in the Larimer Emergency Telephone Authority. By the terms hereof, Colorado State University is accepted as a signatory to the Intergovernmental Agreement dated November 14, 1990, shall be considered part of the City of Fort Collins, and, pursuant to paragraph III.C. 1 of the Intergovernmental Agreement, shall be represented on the Larimer Emergency Telephone Authority Board by the board member from the City of Fort Collins. 3. Definitions. Paragraph I.A of "I - DEFINITIONS" in the Intergovernmental Agreement dated November 14, 1998, shall be amended as follows: A. The definitions for all tenns as used in this Intergovernmental Agreement shall be the same as the definitions provided for those terms in Section 29-11-101, et seq., C.R.S. 4. Powers of the Authority. Paragraph "V - POWERS OF AUTHORITY" of the Intergovernmental Agreement dated November 14, 1990, shall be amended as follows: A. The Authority is empowered to contract for the installation and operation of emergency telephone services in Larimer County. The Authority shall defray all costs by collecting emergency telephone charges as authorized by and in accordance with Article 11 of Title 29, Colorado Revised Statutes. Collection and expenditure of funds shall be limited by the provisions of Article 11 of Title 29, Colorado Revised Statutes. Any funds remaining in the accounts of the Authority at year-end shall be carried over to the next succeeding year for the purposes authorized by this Intergovernmental Agreement and Article 11 of Title 29, Colorado Revised Statutes. B. In addition, the Authority may sue and be sued and do any other act as may be reasonable and necessary for the provision of emergency telephone services and the continued operation of said services. Page 2 of 7 I . 5. Budget. Paragraph "VII - BUDGET AND OPERATING COSTS" of the Intergovernmental Agreement dated November 14, 1990, shall be amended as follows: VII - BUDGET In accordance with Article 1 of Title 29, Colorado Revised Statutes, the Authority shall annually prepare a budget and submit said budget to the Board of Directors of the Authority for approval. Upon its approval by the Board of Directors, copies of the budget shall be distributed to each signatory. 6. Funds and Operations. Paragraph "VIII - FUNDS AND OPERATIONS" of the Intergovernmental Agreement dated November 14, 1990, shall be amended as follows: A. No disbursement shall be made from the funds of the Authority unless a verified claim for services or commodities actually rendered has been submitted and has been processed in accordance with the bylaws of the Authority. B. The Authority shall not borrow money nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority, with which to pay the same. C. The Authority may invest any funds paid into the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. 7. Signatures in Counterparts. It is agreed that the amendment set forth herein may be signed in counterparts, but it shall not become effective until all existing signatories to the Intergovernmental Agreement dated November 14, 1990, have acknowledged approval. IN WITNESS WHEREOF, the parties hereto have caused their authorized representatives to affix their respective signatures hereto. Page 3 of 7 BRADFOROPUBLI*HING.0. RECORD OF PROCEEDINGS Planning Commission November 17, 1998 Commission: Chair Al Sager, Commissioners Mark Brown, Harriet Burgess, Stephen Gillette, Alma Hix, Edward Poht and David Thomas Attending: Chair Sager, Commissioners Burgess, Gillette, A. Hix, Pohland Thomas Also Attending: Trustee Liaison G. Hix, Senior Planner Joseph, Recording Secretary Botic Absent: Commissioner Brown Chair Sager called the meeting to order at 1:30 p.m. 1. Minutes of the October 20, 1998 meeting werc approved. 2. SUBDIVISIONS a. Preliminary Plat, Sleepy Hollow Subdivision, A Portion of the South 1/2 of Section 22, TSN, R73W, of the 6th P.M., Fall River Road, West of Trails West Lodge & Black Hawk Lodge, Gary D. Connely, Tejas Inc./Applicant. (Continued from 10/20/98). It was moved and seconded (A. Hix/Gillette) the Preliminary Plat, Sleepy Hollow Subdivision, A Portion of the South th of Section 22, T5N, R73W, of the 6th P.M., be continued to the December 15, 1998 Planning Commission meeting, and it passed unanimously. b. Preliminary Plat Dill Subdivision, A Portion of Lot 5, Section 1..., Arapaho Road and Highway 7, Rick and Kathy Dill/Applicants. This is a request to divide one large tract (10 acres) into 3 lots. Applicant's representative, Ross Stephen, stated he has discussed the Applicant's request to continue utilizing the current driveway until the time a building permit for Lot 3 is issued and he has received verbal approval from CDOT. This discussion took place after the CDOT Memo of 11/09/98. At that time Applicant will utilize Arapaho Road. CDOT was verbally agrccable. Mr. Stephen has also spoken with Public Works DirectorLinnaneregarding the sewertaps in the NW corner of Lot 3. Applicants are agrecable lo a Driveway Apron Maintenance Agreement. Extension of a service line will be the responsibility of the purchaser for Lots 1 and 3. Applicant would agree to a note on the Plat requiring removal of the fence crossing Lots 2 and 3 and removal of the corral on Lot 1 as Lot 1 will not meet Town requirements regarding horses. Recognizing Mr. Stephen's review of access and utility issues, Senior Planner Joseph recommended approval of this request with conditions. Mr. Joseph stated he expects issues regarding the water service plan to be reflected in Final Plat review by Public Works Director Linnane. There were no audience comments. It was moved and seconded (Thomas/Gillette) the Preliminary Plat, Dill Subdivision, A Portion of Lot 5, Section 1 ..., be approved with the following conditions, and it passed unanimously. 1. The separate driveways to Lots 1 and 2 shall be shown. They shall not encroach on each others lot. If they do. an access easement shall bc provided. A Driveway Apron Maintenance Agreement shall be provided if the apron is to be shared. 2. A CDOT Access Permit is needed for Lot 3. 3. A Temporary Access Easement shall bc prepared and recorded that provides for the temporary access of Lot 2 across Lot 3 to Highway 7. Provisions for the expiration of that access easement and the removal and revegetation of the road shall be included. This document shall be BRADFOAD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - November 17, 1998 Page 2 reviewed and approved by the Town Attorney prior to Planning Commission approval of the Final Plat. 4. The design engineer shall obtain Public Works approval of the water service plan prior to Final Plat approval. 5. Existing barbed wire fence and corral shall bc removed. 3. DEVELOPMENT PLANS a. Development Plan 98-06, Lot 4, Block 3, Fall River Estates, David Drive and Fall River Road (Highway 34), Randy Collins and Jim Rodgers/Applicants. This site is proposed to be developed as a condominium/accommodations project; construction of two triplex buildings, one duplex building and a 14 ft. wide bridge to cross Fall River to aparking area. This bridge will also serve to extend utility lines from Fall River Drive. Applicanl's representative, Paul Kochevar, reviewed the request. The duplex will be limited to single bedroom units to comply with parking requirements. To provide for additional parking the dumpster could be moved. Building can bc moved apart to allow for extra parking as Staff requested. Information from EMA has bcen given to Senior Planner Joseph. Trees werc located on a 6 inch basis and today they arc being located on a4 inch basis. The sanitary sewer line will be below the bridge and then will travel straight in to a 7 ft. deep sewermain in Fall River Drive. Mr. Kochevar has spoken with Police Chief Repola regarding the address and it will be on Fall River Drive. Mailboxes are not currently shown, however, a location will besclected and reserved. Signagcwill be only seen from Highway 34 and will meet all sctbacks. Senior Planner Joseph disagrees with the river setback location at the NW triplex building; if the buildings arc spread apart 10 improve parking, there is a potential for disagreement as to how far the NW building may be moved. Staff recommends approval with two additional conditions as well as the seven conditions in the Staff Report with a revision to condition #1. Commissioner Thomas and Chair Sagerexpressed regret that trees will bc destroyed. Itwas moved andseconded (Pohl/Burgess) the Development Plan 98-06, Lot 4, Block 3, Fall River Estates, be approved with the following conditions, and it passed unanimously. 1. Add the adopted FEMA Flood Plain Map to the Development Plan. 2. Restrict the duplex building to one bedroom units and two parking spaces, label the plan accordingly. 3. The position ofthe two tri-plex buildings should be adjusted to provide a minimum of 3 ft. clear of parked cars (using a 63 ft. width dimension for the parking). 4. The Police Chief shall approved the addressing of the property. 5. Thc bridge and utility attachments thereto shall have a minimum of 2 ft. clearance from the 100 year flood surface and the abulments must not encroach into the flood way. 6. A legend identifying existing trees to be removed and retained shall be added to the plan. Also, the Plan shall identify all existing trees not now shown that are located between the parking lot or buildings and property line at the highway that arc 4 inch diameter or larger. These trees shall not bc removed as per section 'g' 17.24.020 Existing Vegetation. Twelve shrubs and two trees shall be planted along the cast end of the parking area to provide required screening. 7. The water service line to the duplex building must be no greater than 1 inch, and the water and sewer lines must be separated by 10 fect minimum. The Plan shall be revised accordingly. 8. A note shall be added to the Plan that none of the decks are to be more than 30 inches above grade. BRADFORD MILISHING CO. RECORD OF PROCEEDINGS Planning Commission - November 17, 1998 Page 3 9. River setback line to be established in consultation and agreement between Town Planners and the Applicant. 10. A Cluster Box location shall bc identified and shown on the Plan. 11. A wetlands inspection by a qualified consultant or the Army Corps of Engineers or a letter from the Army Corps of Engineers shall be submitted prior to Building Permit application. b. Development Plan 98-07, Lot 1, Ranch Meadow Subdivision, West of Lone Pine Acres and North of Grand Estates, Richard H. Wille, TrusUApplicant. For reasons stated in the Memo written by Senior Planner Joseph dated November 12,1998, Mr. Joseph recommended this request be continued to the December 15, 1998 Planning Commission Meeting. It was moved and seconded (A. Hix/Gillette) the Development Plan 98-07, Lot 1, Ranch Meadow Subdivision, be continued to the December 15, 1998 Planning Commission Meeting, and it passed unanimously. c. Development Plan 98-08, Lot 2, Ranch Meadow Subdivision, West of Lone Pine Acres and North of Grand Estates, Richard H. Wille, TrusUApplicant. For reasons stated in the Memo written by Senior Planner Joseph dated November 12,1998, Mr. Joseph recommended this request be continued to the December 15,1998 Planning Commission Meeting. It was moved and seconded (A. Hix/Gillette) the Development Plan 98-08, Lot 2, Ranch Meadow Subdivision, be continued to the December 15, 1998 Planning Commission Meeting, and it passed unanimously. d. Development Plan 98-09, Lot 3, Ranch Meadow Subdivision, West of Lone Pine Acres and North of Grand Estates, Richard H. Wille, TrusUApplicant. For reasons slated in the Memo written by Senior Planner Joseph dated November 12,1998, Mr. Joseph recommended this request be continued to the December 15,1998 Planning Commission Meeting. It was moved and seconded (A. Hix/Gillette) the Development Plan 98-09, Lot 3, Ranch Meadow Subdivision, be continued to the December 15, 1998 Planning Commission Meeting, and it passed unanimously. 4. REPORTS 5. ADJOURNMENT There being no further business, Chair Sager adjourned the meeting at 2:24 p.m. L#UMAL,/4'LSÂ©6Â© Roxanne S. Bolic, Recording Secretary DRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment December 1, 1998 Board: Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom and Al Sager Attending: Chair Baudek, Members Barker, Newsom and Sager Also Attending: Senior Planner Joseph, Building Official Birchfield and Deputy Clerk van Deutekorn Absent: Member Jeffrey Chair Baudek called the meeting to order at 8:00 a.m. CONSENT AGENDA MINUTES The minutes of the November 3, 1998 meeting were accepted as presented. WEST OF LOT 10, BLOCK 2, PARK ENTRANCE ESTATES, STAN MAREK/APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1) (b) OF THE MUNICIPAL CODE. This request (reduction of 25' setback to 10' on the west side) was originally approved by the Board of Adjustment on May 5, 1998. That variance has expired and Applicant is requesting an extension of the variance as originally granted. Senior Planner Joseph stated that residents were notified of the request and no objections to the variance were received. Applicant's representative, Bill Van Horn (Van Horn Engineering and Surveying), stated that the context of the request has not changed, however, the project cannot commence within the time specified in the original variance. Staff recommends approval of this variance extension request. It was moved and seconded (Newsom/Barker) approval be given for the requested variance (reduction of 25' setback to 10' on the west side) for Lot 10, Block 2, Park Entrance Estates, and it was approved unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. Chair Baudek directed staff to review the four (4) months time limit for variances and report back to the Board. LOT 34, GRAND ESTATES SUBDIVISION, 1560 BIG THOMPSON AVENUE - GRUMPY GRINGOS, CASA CASA LLC/MONTE HOUSE, APPLICANT - VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1) (a) and (b) OF THE MUNICIPAL CODE. The Applicant is requesting a variance from the 25' street setback and the 15' sideline setback requirements (request to reduce both setbacks down to 10'). Senior Planner Joseph reviewed the Staff Report noting other workable alternatives for locating the proposed storage building on Lot 34 which will not require a variance. Mr. Joseph pointed out the Applicant's options include adjustment of the south property line since he also owns the vacant lot to the south. This would have the advantage of moving the property closer to conformance with current zoning standards relating to Building Bulk (18.20.060) and Impervious Coverage (17.20.070) and would provide additional space for detention of storm runoff. Staff stated the Applicant has not established the exceptional circumstances and associated exceptional and undue hardship that the Municipal Code requires as a basis for granting a variance (Section 17.36.010 d. 1.b); and recommended the request be denied. BRAOFORDFUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment - December 2, 1998 - Page 2 The Applicant's representative, Bill Van Horn, stated that maintaining a functional site is a primary concern. The Applicant will provide landscaping around the building and will also agree to move the storage building should Grand Estates Drive ever be widened. Member Sager questioned the Applicant's opposition to relocating the storage building on the lot, and the 30' by 40' size of the building. Applicant Monte House stated that both the location and size had been carefully considered. The above stated dimension is needed for storage of the trailer, snow plow, and equipment (currently stored behind the restaurant), and other restaurant supplies. Member Sager requested and received the rules of sight line for traffic. Mr. Van Horn confirmed that the project does not involve any new entrances off of Grand Estates Drive. Mr. Joseph questioned the impervious coverage calculation. Mr. Van Horn stated that the calculation had not been completed. Mr. Joseph noted that it does appear that the site is approaching the impervious coverage limit and a variance for impervious coverage may also be required. Chair Baudek questioned moving the placement of the building north and east. The Applicant responded that moving the storage building north and east would solve the setback issue, but would not solve the issue of the turning radius required for large delivery trucks (minimum 45' radius needed). Those in support: Cherie Pettyjohn stated Mr. House has been a good neighbor and the project will not change the character of the neighborhood. Members Barker and Newsom agreed that repositioning the storage building may cause problems with larger vehicles. Member Sager stated that there are three alternate locations for repositioning the storage building and he strongly opposes the variance. He concluded that a 55' or greater turning radius will be achieved and stated the request is unnecessary. Recognizing the Applicant established the exceptional circumstances and associated exceptional and undue hardship that the Municipal Code requires as a basis for granting a variance (Section 17.36.010 d.1.b), it was moved and seconded (Newsom/Barker) to approve the variance request for Lot 34, Grand Estates Subdivision, 1560 Big Thompson Avenue, and it was passed by a vote of 3 in favor (Barker/Baudek/Newsom) and 1 against (Sager). LOTS 18 & 19, QUASEBARTH RESUBDIVISION, 850 DUNRAVEN, STAN/MARY HART, MARK/VICKEY HOLLER/APPLICANTS. This is a request for reduction of the required rear building setback from 15' to 14' and a reduction of the required side setback from 15' to 10'. Applicant's representative, Bill Van Horn, reviewed the request stating the unusual circumstances affect this property. When current setbacks are applied to the 50' x 120' lots, an envelope of 70' x 20' is left for a building. Seventy six (76%) of the total lot area is used for setbacks which Mr. Van Horn does not believe is reasonable for a commercial zone. Member Newsom removed himself from the discussion due to a conflict of interest. Building Official Birchfield reviewed his Staff Report stating that generally, staff concurs with the basis for requesting these variances as outlined in the Statement of Intent. The zoning standards for development in the C-0 district present real problems on these lots in this neighborhood, and some flexibility would bb justified. The combination of the two lots into one new lot with an amended plat should be a condition of the granting of any variance. Mr. Birchfield recommended relief due to the orientation of the existing structure and because of the existing setbacks and the size of the amended lot. However, the relief should not violate the Building Code or other Zoning Code regulations. Mr. Birchfield confirmed that even if a variance were granted, the permit for the roof projection as proposed would still be denied because of the Building Code. The Applicants' representative, Bill Van Horn, confirmed that the Applicants will not add a storage eve to the building, beyond what the Building Code allows. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Board of Adjustment -December 2, 1998 -Page 3 Senior Planner Joseph questioned inipervious coverage and floor ratio. Mr. Van Horn did not have the information requested. Discussion was held regarding the unknown information at the time variance requests are made. The Board confirmed that all pertinent information should be presented at the time the variance is requested so that all issues can be studied. It was moved and seconded (Sager/Barker) approval be given for Lots 18 and 19, Quasebarth Resudivision, 850 Dunraven with the following conditions, and it passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and work thereunder commenced within four (4) months from the date the variance is granted. â€¢ Rear setbacks may be reduced to fourteen (14) feet. â€¢ Side yard setback may be reduced to no less than ten (10) feet for the wall line and five (5) feet for any projections â€¢ The two Iots shall be combined into one new lot with an Amended Plat. â€¢ There will be no deviation from the site plan. â€¢ There will be no impervious coverage allowed other than the extension of the building. REPORTS - None Member Sager offered compliments to Building Official Birchfield for the pertinent and helpful information supplied to the Board. There being no further business, Chair Baudek adjourned the meeting at 8:55 a.m. 9 *, /1 (L~.~ Rebecca van Deutekom, Deputy Town Clerk ORDINANCE NO. ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, BY PROVIDING FOR A MORATORIUM ON CERTAIN USES AND DEVELOPMENTS OF LAND WITHIN THE C-D AND C-0 ZONING DISTRICTS PENDING CONSIDERATION OF AMENDMENTS TO TITLE 17. WHEREAS, in 1994, the Town ofEstes Park and Larimer County, Colorado, began work on a new comprehensive plan for the Estes Valley; and WHEREAS, following numerous neighborhood meetings, public open houses and public hearings, on December 18,1996, the Estes Valley Comprehensive Plan was adopted by the Board of Trustees ofthe Town ofEstes Park; and WHEREAS, on December 16, 1996, the Board of County Commissioners, Larimer County, Colorado, adopted the Estes Valley Comprehensive Plan for those areas ofLarimer County lying within the plan's boundary; and WHEREAS, on September 16, 1997, Larimer County, Colorado and the Town of Estes Park entered into an intergovernmental agreement which established the Estes Valley Planning Commission, whose purpose is to draft the new Estes Valley Development Code pursuant to and in accordance with the directions of the Estes Valley Comprehensive Plan; and WHEREAS, certain developments and uses currently allowed in the C-D, Commercial Downtown and C-O, Commercial Outlying zoning districts ofthe Town, are inconsistent with the recommendations for future land use development as more fully set forth on the Future Land Use Map and accompanying textual materials in Chapter 4 of the Estes Valley Comprehensive Plan; and WHEREAS, draft provisions of the new Estes Valley Development Code currently being reviewed by the Estes Valley Planning Commission, contain provisions which alter permitted uses within the Town's current C-O and C-D zoning district; and WHEREAS, portions of the Town's C-D and C-O zoning districts are proposed to be rezoned into other zoning districts that more accurately reflect the current uses in those areas and the Future Land Use Plan of the Estes Valley Comprehensive Plan; and WHEREAS, the Town Board anticipates that the new Estes Valley Development Code will be enacted within six months ofthe effective date ofthis ordinance; and WHEREAS, the Estes Valley Comprehensive Plan and the new Estes Valley Development Code addresses and will address the changing needs and conditions of the Estes Valley; and WHEREAS, the Board of Trustees finds that the acceptance and processing of applications and building permits for certain uses and developments within the Town's C- O and C-D zoning districts prior to the adoption of the new Estes Valley Development Code will prevent coordinated and innovative planning and lead to numerous non- conforming uses within those zoning districts; and WHEREAS, the Board of Trustees finds that a delay in the acceptance and processing of such applications for a period not to exceed six months is necessary and in the best interest of the Town in order to complete the new Estes Valley Development Code in accordance with the provisions ofthe Estes Valley Comprehensive Plan; and the allowance of certain developments and uses which are subject to this moratorium prior to the adoption and implementation of the Estes Valley Development Code would defeat the efforts of the Town and Larimer County to promote comprehensive planning, protect existing neighborhood integrity, and lead to the proliferation of non-conforming uses within the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Board ofTrustees ofthe Town ofEstes Park hereby declares and imposes a moratorium on the following listed uses and the acceptance and processing of applications for building permits, administrative reviews, development plans, and concept plans for the following uses and areas within the Town. (A)C-D, Downtown Commercial: social and fraternal clubs, daycare centers, religious assemblies, animal sales and services, building materials sales, commercial laundries, catering services and funeral homes. (B) C-O, Commercial Outlying: all residential uses including multi-family dwellings, maintenance and service facilities, accommodations, animal boarding, commercial laundries, construction storage yards, self-service mini storage, industrial uses, warehousing and storage, and wholesale sales and distribution. (C) All commercial uses on any property currently zoned C-O, but designated to be zoned A Accommodations/Highway Corridor in the Estes Valley Comprehensive Plan - Future Land Use Plan. Any accommodation use on property subject to this subparagraph (C) will not be subj ect to this moratorium. 2 (D)All development within the Fall River Special Study Area of the Estes Valley Comprehensive Plan - Future Land Use Plan. (IE) All property located within the Stanley Historic District of the Town of Estes Park shall not be subject to the terms ofthis moratorium. (F) Any existing use ofproperty in the C-D and C-O zoning districts ofthe Town shall not be changed to any of the uses listed in subparagraphs (A) and (B) of this Section 1. Any such change of use shall be illegal and shall not have any non-conforming status under the applicable provisions under Title 17 of the Municipal Code. Section 2: The Town ofEstes Park shall not accept or review any rezoning requests for any property within the C-O and C-D zoning districts of the Town of Estes Park during this moratorium. Section 3. The Town Board shall have the power to grant a special exception to the moratorium in Section 1 ofthis ordinance and order a change ofuse, building permit, administrative approval or review of a development or concept plan where the following conditions are met: A. A written application for the special exception must be submitted, indicating the purpose of the change of use, building permit, administrative approval, or development or concept plan review sought to be obtained, and stating the particularity of the hardship which the applicant will suffer if the special exception is not granted. B. Within 30 days, the Board of Trustees ofthe Town ofEstes Park shall hold a public hearing on the application. The applicant shall be notified by mail. Notice of such hearing shall be published in a newspaper with general circulation within the Town of Estes Park at least fifteen days prior to the public hearing. C. The Board of Trustees ofthe Town ofEstes Park may grant the special exception if it finds all ofthe following: i. The granting ofthe application is necessary to prevent undue hardship for the applicant; and ii. That the granting of the application will not adversely affect the public interest or the purposes of this moratorium; and 3 iii. That the requested permit, change ofuse, administrative approval, or development or concept plan review will be proper and in accordance with all ofthe ordinances and regulations of the Town of Estes Park if this moratorium was not in effect; and iv. In the event that the special exception request is for a development or concept plan review and the plan has not been acted upon by the Estes Park Planning Commission, the matter shall be referred to the Estes Park Planning Commission for recommendation under the criterion otherwise utilized with respect to the referred plan. Section 4. Nothing in this ordinance shall be construed as effecting any lawfully vested rights to complete construction work or commence construction pursuant to a building permit duly issued prior to the effective date of this ordinance; any development plan or concept plan which has received approval by the Estes Park Planning Commission and/or the Board of Trustees ofthe Town of Estes Park; any development plan, concept plan, or building permit application, which was filed with the Town prior to the effective date of this ordinance; and any change of use completed prior to the effective date of this ordinance. Section 5. The provisions ofthis ordinance are temporary in nature and are intended to be replaced by subsequent modifications to the zoning ordinance based upon recommendations made in the Estes Valley Comprehensive Plan. Section 6. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality ofthe remaining portions ofthis ordinance. The Board of Trustees of the Town ofEstes Park hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any or one part or parts be declared unconstitutional or invalid. Section 7. This ordinance shall be in force and effect immediately and shall run through June 10, 1999 or until the effective date ofthe proposed Estes Valley Development Code whichever shall first occur. Section 8. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 9. The adoption of this ordinance is hereby determined to be declared an emergency due to the fact that it is necessary to immediately impose this moratorium with regard to developments and uses within the C-O and C-D zoning districts; and WHEREAS, in the opinion of the Board of Trustees, an emergency exists, this ordinance 4 shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. 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 I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,1998. Town Clerk 5 ESTES PARK BOARD OF REALTORS Â® 205 Park Lane, Room 203 Post Office Box 687 REALTOR' EQUAL HOUSING Estes Park, Colorado 80517-0687 OPPORTUNIIY Phone (970) 586-6628 Fax (970) 586-0790 December 7, 1998 The Estes Park Board of Trustees Estes Park, Colorado, 80517 RE: Proposed Development Moratorium The November 27th Trail Gazette reports that on December 8~ 1998 you will consider imposing a moratorium on the development of commercial property. The below-named members of the Board ofRealtors Â®oppose this moratorium because it is arbitrary, infringes upon the property rights of the owners, attempts to artificially control the natural market conditions of supply and demand, and is not in the best interests of the community. We urge each member o f the Board of Trustees and the Mayor to vote against this ordinance. Sincerely, Q,At k.--fvt e - 9 Linda McCreery 6/ Linda McCreery Daniel Brown Nathan Dick Gerald Mayo Jane B. Cornell Marcia Duell Peter Ingersoll Wayne Newsom Penny Maxwell John G. Murphy Rebecca Kuglecs Vicky L.Holler Robin Serafini Katherine M. Kochevar Mark Lieder Anna Marie Edwards Becky Oehlman Michael Quinn Joan C. Banker Barbara Widrig F. Ross Brown Luanne R. Petron Carolyn Scott Irene Winkler Joy Liljestam Dianne C. Betts Eric Blackhurst Trisha Wills Thomas Adams Greg Falconer Linda Schneider Vivian E. Becker Rita L. Mayhew 1/ j Neil Rosner Kathy Sullivan Anita Pallissard Jay Harroff Carolyn Scott 2640 Big Thompson Canyon P. O. Box 1955 Estes Park, CO 80517 (970) 586-3953 (970) 586-0857 - Fax December 3, 1998 Bob Decker, Mayor Sue Doylen, Trustee Jeff Barker, Trustee John Baudek, Trustee George Hix, Trustee Lori Jeffrey, Trustee Bill Marshall, Trustee Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Dear Mayor Decker and Board of Trustees, The impending decision to impose a moratorium on commercial development in Estes Park would be a gross miscarriage of governmental power and a slap in the face for those of us who have spent countless hours defending the property rights ofthe individual citizen. Please vote against it. Sincgely, - .4 â‚¬ar Bridgeport Real Estate Water Association of the Rockies, Inc. Colorado Water Leasing Trust . December 8,1998 TO: Town Trustees FROM: Eric W. Blackhurst 06.03Lze SUBJECT: Moratorium Two hundred fifty days ago the voters ofEstes Park rejected a one percent growth limitation referendum. Seventy-five percent ofthe electorate (one ofthe largest voter turn-outs for a municipal election in recent history) said they believed the initiative was ill conceived, not in the best interests of the community and defied the precepts of a free-market economy. Now the Town Board is considering an arbitrary moratorium on one class of property because the new zoning code (which is not adopted) and the master plan (emphasis on plan) do not allow what is currently allowed under the rules in effect since 1987. Perhaps another six months will solve this problem. However, there is no guarantee this is the case. In effect, the Town Board is planning to do what the voters said, overwhelmingly, they do not want. This Board, The Estes Valley Planning Commission and the Larimer County Commissioners must be very careful in developing the new zoning code for the Estes Valley. This planning district is unique in the country. You are making planning history. Do not rush a critical process. The eyes of other areas around the country are upon us and you have the paramount responsibility to do this right. Moratoriums are not the answer. This code will guide development in our community for the next decade and beyond. It needs to be carefully developed, reflect the desires of the community, respect personal property rights and above all be thoroughly reviewed, studied and altered for the best interests of the Estes Valley. This code must reflect what is logical, what is right for the community, based upon broad concepts without governmental micro-management. Each ofus bears a responsibility for the future. But we cannot forget the past. When I moved here in 1986 (I am still a relative newcomer) the national and state economy were in shambles. Estes Park was trying to maintain. Barlow Plaza had not yet been built. Stanley Village had a high vacancy rate. Riverside Plaza was a dirt parking lot, and one block of street trees was just beginning to grow. But commercial property owners had begun to reinvest in their properties because of the efforts and the foresight of the Town Board and the Estes Park Urban Renewal Authority. Revitalizing our community was an effort lead by government and completed by the private sector. Creativity, leadership and initiative. Current zoning code development has taken on a life of its own and is driven, not by what the community wants, but by what your hired consultants want. Ridge line and slope controls that drive development into the open spaces; design specifications that don't make much sense; development criteria that drive costs up; density restrictions that eliminate opportunities for affordable housing and specifications that pit one branch ofthe government against the other. As I have said before - the "the tail is wagging the dog." If you are not careful, you will adopt a code which will impose today's design criteria on tomorrow's development, restrict growth and change, and inhibit the natural forces ofthe market place. I urge you to vote no on this ordinance and, more importantly, I urge you to study the new zoning code. Work with the Estes Valley Planning Commission and the Larimer County Commissioners to provide our citizens a workable document for the future ofthis valley. P.O. Box 334 Estes Park, CO 80517 586-4104 (h) 586-3993 (w) i . rg\\ .009%9 ile&,-1 #T.A.492< '2bt,~4//. *AM# / -i~Aâ€¢f~&44444 LAND SURVEYS- , SUBDIVISIONS - .-,1-- - -1- &74 DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING ,~ VAN HORN ENGINEERING AND SURVEYING SANITARY ENGINEERING MUNICIPAL ENGINEERING WILLIAM G. VAN HORN - COLO. PE & PLS 9485 ' December 3, 1998 D)% Â©EDÂ¥E -3\ Board of Trustees Town of Estes Park ~~ DEC -3 1998 ~ PO Box 1200 Estes Park, CO 80517 RE: Proposed commercial moratorium Dear Trustees: I wish to express my opposition to the enactment of a moratorium that would freeze certain currently permitted activities within the Town's commercial zones. In my opinion, there are several problems with such a proposal. 1) The purpose is to try to preserve elements of the draft regulation which have not yet been solidified. It is possible, and in fact likely, that some of these elements will not survive. 2) It is discriminating to apply this to only certain activities when other ~ restrictions speculated in the plan are left to normal procedures. This amounts to singling out certain Â·properties and owners for treatment - that is more damaging than it is for others. 3) There is no evidence that the current code, which has been in effect for some time, is not working and that emergency measures are in order. In fact, evidence can be provided that some elements of the new code will be detrimental to public health, safety, and welfare. 4) To in effect "shut down" people's livelihoods and use of their property is inherently unfair. The people of Estes Park have voted strongly against such tactics in the past. 1043 Fish Creek Road â€¢ RO. Box 456 â€¢ Estes Park, Colorado 80517 â€¢ 970-586-9388 â€¢ Fax 970-586-8101 t 5) The state law which prescribes the timing and procedure for the enactment of riew reg-ulations would be effectively negated by enforcing regulations that have not yet been duly processed into laws. 6) A past local issue that provides a close comparison is Baldpate Estates. This project was denied by Larimer County on the basis of a master plan that was contrary to the proposal, but the then current zoning allowed the project. The courts ruled that a master plan is nothing more than a plan and that the duly adopted regulations are in fact the law. Any governmental body should respect this principal. I think that sometimes we get caught up in the "politically in" thing to do and end up with a "knee jerk" reaction to a specific incident. This whole matter is the direct result of the Wille rezoning request which hopefully was decided more on compatibility issues than "preserving" and forcing commercial activity. Even though it may be legal to enforce a moratorium, it is certainly not fair and I hope the board will uphold the individual property rights of the citizens. In the event the board passes the moratorium I would hope that the voters would overturn the decision with a referendum. 31,722_ William G. Van Horn TOWN OF ESTES PARK Office Memorandum To: The Honorable iylÂ¥ Dekker and Board of Trustees From: Rich Widme~j I)ate: December 3/[998 Re: Post-Award Public Hearing for Senior Center Kitchen Equipment and Finishes Construction BACKGROUND: The purpose of the "Post-Award" Public Hearing for the Senior Center construction is to allow citizens to review and comment on the performance of the Town in carrying out the Senior Center kitchen equipment and finishes construction, a portion of which was financed with federal Community Development Block Grant funds by the State of Colorado. A summary of each written or verbal comment received by the Town will be provided to the State as part of our Project Completion Report. BUDGET/COST: No budget or cost effects. RECOMMENDATION: Staff recommends the Mayor conduct the Post-Award public hearing as advertised in the attached "Notice ofPublic Hearing." 1 * ' NOTICE OF PUBLIC HEARING Notice is hereby given that the Estes Park Board of Trustees will hold a public hearing on Tuesday, December 8, 1998 on or about 7:30 p.m. in the Board Room (Room 130) of the Municipal Building, 170 MacGregor Ave., to receive public testimony on: the "Post Award" period concerning the Senior Center Remodeling Project. Further information may be obtained by contacting Monte Vavra, Finance Officer, P. 0. Box 1200, Estes Park, CO, 80517, or by calling Monte at 586-5331, ext. 3200. PUBLISH: Trail Gazette Friday, December 4, 1998 TOWN OF ESTES PARK Office Memorandum To: The Honort cker and Board of Trustees From: Rich Widm Date: December 3, 1998 Re: T.A.B.O.R. Agreements (Standard Renewals) BACKGROUND: Each December, the Town Board approves the renewal of the next years' lease agreements and other annually renewable financial payments that are contained in the budget for that year. Since the 1999 budget was adopted at the last meeting, and the funds are appropriated for next year, it is time to consider these agreements and payments. This approval is done to meet the T.A.B.O.R. requirement that the Town can not enter into multi-year financial obligations unless they are annually renewable and annually appropriated. BUDGET/COST: None. All agreements and payments listed are already budgeted. In the case of existing obligations, if the agreements are not renewed, the Town loses the value already paid into the asset. RECOMMENDATION: Staff recommends the list of T.A.B.O.R. agreements for 1999 be approved by the Town Board. ~ ~L. _ TABOR YEARLY TERM EXPIRATION LEASE AMOUNT RENEWALS: DATE TRAFFIC SIGNAL 3 yrs., beg. 1999 $370.00/Mo. CONTROLS, INC., 1/28/97 ($13,045) Solar Mobile Traffic Monitor MINOLTA/Copy 3 yrs., beg. 12/99 $379.24 + extra Machine 4050 1/97 copy fee Administration UNITED VALLEY 5 yrs., beg. 6/09/2000 $14,226.19./yr. BANK, Modular 6/09/95 Bldg./Youth Ctr ESTES PARK 5 yrs., beg. 1/01/2001 $34, 453.14 WILLOWS, INC. 4/01/97 $73,373.50 land purchase $191,037.34 $197,974.90 $27,590.00 UNITED VALLEY 5 yrs., beg. 6/2001 $19,394.07/yr. BANK/Elgin 6/97 Street Sweeper UNITED VALLEY 4 yrs., beg. 12/2001 Payment BANK/Wireless 12/97 Schedule/Lease Sound System ($11,190.36) Special Events STANLEY VIEW 9 yrs., beg. 12/2007 Payment Sch. LTD./Lot 4, 11/97 Lease Stanley Hist. Dist. (New Town Hall site) MINOLTA/Copy 3 yrs., beg. 1/2001 $384.11/mo. + Machine EP-4000 1/13/98 extra copy fee Comm. Dev. FOREVER LIVING 5 yrs., beg. 12/31/2002 Conces./pymt. RESORTs/Conf. 9/8/98 to Town: Ctr. Ser. & '98 $15,000 Food-Beverage '99 $15,000 Agreements '00 $17,900 '01 $13,200 '02 $15,263 2 DUMP TRUCKS 4 yrs., beg. 2001 - payoff $35,000/ea. (P. Wks. & -98 Water) ORDINANCE NO. ORDINANCE ADDING CHAPTER 2.78 TO THE MUNICIPAL CODE ESTABLISHING A SENIOR CENTER ADVISORY BOARD BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Municipal Code ofthe Town of Estes Park is amended by the addition o f Chapter 2.78 as follows: Senior Center 2.78.010 Senior Center Advisory Board (a) There is created and established a Senior Center Advisory Board consisting of nine (9) members, which shall be appointed by the Mayor and approved by the Board of Trustees for overlapping terms of two (2) years or until their successors are qualified and appointed. The Senior Center Director and the Museum Director shall be ex officio members of the Board. (b) The Senior Center Advisory Board shall be an advisory board for the operation of the Senior Center and shall work with the Senior Center Director in an advisory capacity for the administration and operation of the Senior Center, including, but not limited to drafting policy, long range planning, budget and operations. Section 2. This ordinance shall be in force and effect immediately and shall run through in order to immediately constitute the Advisory Board. 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 I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,1998. Town Clerk 1 i DEC - 2 1998 1~~ December 1, 1998 TO: Bob Dekker Mayor FROM: Estes Park Area Historical Museum Advisory Board RE: Advisory Board Vacancies The Estes Park Area Historical Museum Advisory Board, after reviewing interested parties, recommends that Jackie Johnson and Susan Harris fill the two vacant positions on the Board. The terms are four years in length. Thank you for your consideration of this matter. di 44.4 44 TOWN OF ESTES PARK Police Department , E wÂ¢11 ~2*â€¢e+At. 27 . 0%1-98:VT#~*VA- <48'11*Ale, mir :Â·1--A *7022Â¥ .1049". -?:741Â£546 i'fil#24 fic#k.EÂ¥ 2 Â· ~7 3~-9.-10'31.33 e.%<"F iÂ»ifi~\40. {~9 d. B-:F#*4, ->:?%... 04,4.9. -- -'iÂ·C: I. 4 ' ~ 2&1. 7%43%467& -71931 -- N ..J- m,il.21Â·,2-Â·i . r October 7, 1998 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Big Horn Restaurant, bEe //Ve, Beer & Wine Brown, Sidney J. Brown, Laura S. 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 Big Horn Restaurant. Sincerely, Randy Repola Chief of Police RR/psa (303) 586-4466 â€¢ RO. BOX 1 287 â€¢ ESTES PARK, CO 8051 7 â€¢ FAX (303) 586-4496 DR 8404 (07/97) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1575 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION Â¤ NEW LICENSE Â® TRANSFER OF OWNERSHIP Â¤ LICENSE RENEWAL â€¢ ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN â€¢ APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAINA COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-3214164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a D Individual Â® Corporation El Limited Liability Company D Partnership (includes Limited Liability and Husband and Wife Partnerships) El Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation R i q |-k' r n f? 25+.r, 1 ?r?1 n + Inr. 28. Trad@*lame of Establishment (DBA) ' State Sales Tax No. Busines Â¥5'18 hone }Ato Norn Re<-46<5 urnnt . -Ci,r 24 gB / 8 60* 5-86 - 279 1 3. Addres* of Premises (specify exact location of premises) 40 1 \AJA+ 121 kilorn Ave. City State ZIP Code County E<a Port. U.rinler d.0 805- /7 4. Mailing Address (Number and Street) City or Town State ZIP Code 401 \A /29+ El Khorn Ave 1264-ry, Fh rE 0 0, 805-17 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 Licer'Ise~N~Â© Present Class of License Present Expiration Date Bi-q Morn (bfe- 03 - 38 - 537- Beer-/witie s - 41-9 -9, r#.3 w . 7-' *SECTION A' ' 'V ' 1- '7 - .' ./.A .Â«.:f Â· APPLICATION FEES & .LIAB SECTION D LIQUOR'LICENSE FEES 0 0 Late Renewal Application Fee ................................ $500Â·001*40: Il Retail Liquor Store License (city) ........................ $202.50 0 Â¤ Application Fee for New License ..........................,... 650.00 12946> O Retail Liquor Store License (county) ..................... 287.50 *30.0 0 Application Fee-New License Concurrent Review .... 750.00 190 0 Liquor Licensed Drugstore (city) .......................... 202.50 231~ 54 Application Fee for Transfer of Ownership ............... 650.00 i19*F Il Liquor Licensed Drugstore (county) .....................287.50 2 4 SECTION B 3.2% BEER LICENSE FEES Tg6b3 g Beer & Wine License (city) ................................... 326.25 21*1 Il Retail 3.2% Beer On Premises - (city) ...................... $71.25 19601 0 Beer & Wine License (county).............................. 411.25 2121 0 Retail 3.2% Beer On Premises- (county) ...................92.50 76*bz O H & R Ucense Ocity Ocounty ......................... 475.00 2122 0 Retail 3.2% Beer Off Premises- (city)........................71.25 ,#80~* El H&R Licensew/opt Prem Ocity C] county ...... 475.00 2122 D Retail 3.2% Beer Off Premises- (county) .._,..,_,.,,92.50 1990 Il Club License C] city m county ............................ 283.75 Â»22 In Retail 3.2% Beer On/Off Premises - (city) .................. 71.25 2016; 0 Tavern License O city 0 county........................ 475.00 2{23 0 Retail 3.2% Beer On/Off Premises - (county) ,..,......... 92,50 2020. O Arts License Ocity C]county.............................283.75 2*56> 0 Racetrack License Clcity Clcounty .................... 475.00 SECTION C RELATED FEES AND PERMITS 2045 O Optional Premises License Il city []county......475.00 2210-100 (999) 0 Retail Warehouse Storage Permit .....,,.....,......,,. $75.00 'Li'@ir Il Retail Gaming Tavern Lic Clcity Ocounty........475.00 1980-100 (999) D Addition of Optional Premises to existing hotel/restaurant 1996 0 Brew-Pub License 725.00 $75.00 x Total Fee 96Â·..,Â·*. 1970-750 (999) O Manager's Registration (hotel & restaurant only) ...$75.00 N \. t O Other No Fee E 3.2% Beer On/Off Premises Only Delivery Permit No Fee O Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY '>, LIABILITY INFORMATION *i, 0 4-2 , 1 , . Sâ€ž 1- â‚¬ ..... . 4 -r. I -*. Â¥ ./ /:I .C ./;Â· . . ~ County. :~ 1 Ci#~ Liability Date *~nclustry~ype ,~. Lic,~~~~~u~p >. ;~~~t~, ~Â·f*s<,Ac(:4~~.n-*~Â£u~j~.~ ~.>31:'- -, &Â·. A.L. ...+ . .0.4 7 4 te, f:~'; . 4 .4 >, I C 4. State City County -750 (999) 2180-100 (999) 2190-100 (999) ~" *970-750 (999) 1 * -' Manage~rs~~e~' .~-'~, ~~ . li' m :2 - .9, ~In %*. .' 11 8 , C~h Fund New Licons, C=h Fund Transfir Liconse Â· E 2300-100 N . 42 N ' 2310.100'' r '- . 32- ;,'9*' 1 1~ : IOTAL,rf:P *4: n .., . I I Â¥ r 1 1 0, I t + es . f./ I. 4., I ,< . ' , (999) f .. .: .$( 9 :2 8 -Â·.c...2.... D- / 401 + ,~ (999) + .4 ./ S. Ce â€¢ 1, 4. ' v. i vi$ I . .9 ..Â· 2 M. ae -;t- t - t DR 8404 (07/97) 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? 0 920 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? 00 (b) had an alcoholic beverage license suspended or revoked? 0Â® (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 09 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. 0. 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. 0 E 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of mÂ® Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any am 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? Â®0 El Ownership Â® Lease D Other (Explain in Iletail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires A & K Rentals 03/S KI-rrn Restaurant, , Tor . J&11,1,2002 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. 00 Number ot separate Optional Premises areas rprp,pqtpri 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. UU 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) 16. 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. 00 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 0Â® 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 8464 (07/97) 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, gener~ 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-I (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF POSITION % OWNED BIRTH 9.01061 IBrnon 6.807 Devi\1 670lch Rd. EA-1-2521.kfa Â£1/9/49 Pres. 50 L,(11 7 rD .5-. ~3,/n u.; r 50. nlp a:: above 8/24/56 56.6. -5-0 Additional Documents to be submitted by type of entity ~| CORPORATION ~ Cert. of Incorp. El Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP ~ Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY El Arlicles of Organization U Cert. of Authority (if foreign company) O Operating Agrmt. O ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service I t .... â€¢ r , ..., ~ , 4... I~/L,~%, 03.,~0 e y 2 4,2~ ~~ ~ 94~HfOE,40.0.ClfANT;: '. 3-Â·3: C.i.f :4 ~f;~ s, , *4Â· *1 t. '24.% 4% , h e Â·Â·./.'~ i Il dect*re urid* 15Â®alty of perjury ioth@seccidd.degieelliat fhis applichtion-ind all,Altdchmdiltd'hre~tkIE-,26ktdcti"NAdcompleR ..e f./ I . - ' Â»1 4 *2419 + + > w to.'the beÂ¢fbf my Elibeledgelil'=41Â§Â»"&noWiedghjhit-itisfffy respohsibiliwiA~nd the res*j?Rkibility*,3(r4464nt~ atid dmi,loggie< ~'. 'h Â· " Â©' 42 4,1:tA A h - 26 coM@ly With-th@ pkofisions ofthetb,107aclotU4libE-61:E}6*r.6686 whicti Effect mv licenKer' 2 I /, Authorized Signatur Title Date 63261,22- 1 -2% els i b e-/u, -4 9-2 9 -92' <:131,%7.3.:..J,Â·:.1.*13'** . ....le. t:%.1 214Â°.2 ...93 '--E.Â·wÂ«,...y, 10(. .39'. ..4, 3 2 ..3......." fRE~ORT AND APPROVAL OF:LOCAL LICENSING AUTHORITY (CITY/COUNTY))< f A / 9 I % 0 , v - . 3... ..w.. ./.r ... 1 -/V *, 3" Â»'Â·Â· Â·â€¢â€¢ > / 4 1 1. ~. Â» ...9.. 4 rk, Pâ€žÂ·~Â· 4,Â·{~*vÂ·:.4,44>..C.< PÂ·Â·.Â· .'*4%Â·~ .4.6-~â€¢Â·~"v 'Â·~ B. . Â·..b, 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 mo 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. m El If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthat such license, if granted, will meetthe reasonable requirements of the neighborhood and the 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 ~ COUNTY Signature Title Date Signature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the 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 84044(02/94) MUST BE ACCOMPANIED BY COLORADOpEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INDIVIDUAL FINGERPRINT 1375 SHERMAN STREET DENVER CO 80261 CARDS OBTAINED FROM THE ICE DEPT. INDIVIDUAL HISTORY REcoWb 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) 13 1-0 Horn Resto. urant Inc, 9/29/ 98 5-2/-86-9.34 9 2. Your FbilÂ·hlame (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Brown La i,ra - Sue- Anderson 4. Mailing Address (if different from residence) Home Telephone (.9 703 686 - 5933 5. Residence Address (street and number, city, state, ZIP) (02307 Oevill (bolcin Rd. Fista ParIC jfc. 803/7 6. Date of Birth Place of Birth 7. U.S. Citizen? 3/ 24 15(0 Clonver Potorads E Yes E No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state 6' )' /1,5 81-ou-in BrOLOR F C ~Nes El No 92 -028 - 8 79 7 20 . Name of Present Employer 11. Type of Business or Empl yment 4-rK R -3 5Ehool Z) Ast-red- teacher /'educatror] 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 586 -2.861 (Act,ifiri~ I GOD Mne.fnv-A Ave.. 9.a-es Dork L 2./0,805-I7 9-78) 586-5.32-1 04,5.3 13. Present Position ke a._cher ~ 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Married 39(dneq VIT Arou.)/1 16. Spouse's Date of Birth Spouse's Place of Bihh 9/4/49 At- LarA-a- 6 eor-F? CCL- 17. Spouse's residence address, if different than yours (street and number, city, state,VIP) 18. Spouse's Present Employer Occupation Ee If Owner- reataor-art + 19. Address of Spouse's Present Employer 401 \NeE, 1- lit K horn Ave . Estes Po re, Co . 8 ON /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 \41* - . Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail C] Yes M 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 driver's license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, ' explain in detail. CJ Yes E 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. CJ Yes 67 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) STREETAND NUMBER CITY, STATE, ZIP FROM TO 6 arne a...4 r (i v.rent ren idence 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 ~arn e a.5 r.orren Â¥ employer 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) corporate offi-CFP-â„¢ I a.vn 4-Ve. cl-pp ICcntr+ 28. If stockholder, number of shares owned beneficially or of record ~ Percent of outstanding stock owned 29. If partner, state whether ~ General O Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30, Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 4.25 00 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 $ -S e E Fia,e n, 7/1- 8 404 -1 ~ 2)9 F~1 a th> --2-2- 0 00 N , $ $ $ 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. Authorize~ignature Title Date 0 ) 6244.2.a J . ~A.,0-<4~) S'ecretary 913-9)98 DR 84049 (02/94) COLORADO pEPARTMENT OF REVENUE MUST BE ACCOMPANIED BY LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET INDIVIDUAL FINGERPRINT DENVER CO 80261 CARDS OBTAINED FROM THE INDIVIDUAL HISTORY REC60Â£F E DEPT. 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) 13/ 6- J-10/2-W 72â‚¬-GTA-14#.ANT1- / AC. 9-29-97 245-W-74-237/ 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) 22 220 w.6/ , J-0 H W SU 4. Mailing Address (if differefii from residence) / Home Telephone 970-2-86-25-912 5. Residence Address (street and number, city, state, ZIP) (p3O7 13>evil-5 GÂ·L<Le-64 72-b.~ E s Te.p -PAA- A, CO . 80â‚¬17 6. Date of Birth Place of Birth 7. U.S. Citizen? 04104/49 A-r:---A ENA , 6- 4 !*Yes E] No If Natufalized, stite where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? It yes, give number, & state G ' 2" 2/ 0 13 Â£ co EL 4 81 4- ~kies [3 No Name of Present Employer 11. Type of Business or Employment 6 21-9- A 6 51-A- 6,1 (L A A.â€¢T- ~ , 2. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 40' 60, GLK.-1400-* Au e- casT-2-5 PA,-6 Co, 205 n 970- 5 86- 2/7 92. 13. Present Position ~-F>,2- E-S / '~i> e PT 14. Marital Status 15. Name of Spouse (include maiden name if applicable) /97 L Au e. A 6 U LE- 2.7204-4- C A "Pal= 0 4-,h 16. Spouse's Date of Birth Spouse's Place of Birth / 3/24/166 00 Lo-RAPPD 17. Sdouse's resi6ence address, if different than yours (street and number, city, state, ZIP) JAA'}42 18. Spouse's Present Employer Occupation 4) A 'L'c_ 42 - 3 6 a Moo L b 16 Te 16.[- -T--e AG H E- 4 19. Address of Spouse's Present Employer / 660 MA-p Fbary> Auâ‚¬- Err-es -PR,t,c_, co . Sos-17 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 I Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, fur&ture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail [3 Yes 33<610 CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail forany offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your drivefs license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, Â· explain in detail. C] Yes Plo 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. 0 Yes Â»0 24. Military Service (branch) - From Th/ Serial Number Type of Discharge (RS A A 99 / 23 ,=2IÂ«- >4 -23 7/ /4 0 - o /2 4134 b- 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 CS A- Al, 12- 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 80â‚¬/> â‚¬ / 91 -rowN op- 56-1-2-5 PACL~L- P, O. 7201,2.1â€¢0 â‚¬4Te:z,7AL, C.O. LIA-,ef'.AA> /61 /9-k 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether D General O Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 4 25:000 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 -2- Dow,kbe-A- UALLer 0,20â‚¬-b,7- 1.4 4.-- L A U,â€ž f S '1 13,â‚¬ 0 CU '0 $ -2 c.v Do o -I CALK,9111 1%51-ALL*fir Fip*.0- % 3 So., 00 0 661- A,Jate.â€¢19 -72-10-e,AL--b i 50,000 /9 4 43 0 A, 4 L ,C, AD A - e â‚¬.3 $ Â« I 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 -1Â«73292%..:ZET - 7# t:15 / 3 c?-Ag 1-- 9-27-9t DR 8439 (06/97) COLORADO DEPARTMENT OF REVENUE LIQUOR EAFORCEMENT DIVISION APPLICATION FOR A 1175 SHERMAN STREET DENVER CO 80261 SPECIAL EVENTS PERMIT (303) 205-2300 RDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT ONE OF THE FOLLOWING (See back for details.) 1 CHECK ONE: ~SOCIAL C]CHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY C]FRATERNAL D RELIGIOUS INSTITUTION D PATRIOTIC D PHILANTHROPIC INSTITUTION D POLITICAL D POLITICAL CANDIDATE DATHLETIC DMUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE ' LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: F?Of",00*NOT.WRITE IN.THIS SPACE,11.9.7. 2110*' MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 u FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) A (ur CLung Dy. Â£"FS PA#AL : 5,)c- 24-835/9 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) R 0. 69* 3435- 5,1 8,q 7.4...p nj A p.ut.â€¢., ES 163 32-K / C OLO 80531 2%7.25 AR.1-, COLO 90 5-0 7 I. V I. Â· t- VÂ·' I I . "4 + 4 *.plAME . :.â‚¬%,* ,2-12..1* . 5' * ' ., +'8~'- Â·,DATEOEBIRâ„¢. HOME ADDRESSIStreet, City, State, ZIPi ' >.,~.~ill,ily- fl>PHONENUMBER ,r- 4, PRES,/SEC'Y OF ~G. or POLITICAL CANDIDATE 401 k),â€¢JA 0/4- LA>Â· 80â‚¬-,1 970.94-6229 ROD R wacK , FicsÂ· 7-/O-43 PO.dÂ» 246/: JITEJ/*4<,Co 5. EVENT MANAGER 970.94-/aL A 0-7 cra ~DAIL(~ 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? - Â® NO El YES HOW MANY DAYS? Â®,NO El YES TO WHOM? OES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? ~ Yes CINo .9 --'t Â· ~LIST BELOW THE EXACT DATE(SiFOR WHICH APPLICATIOA IS BEING MAC)E FOR PERMrT'Â·4 i, ;42;t~.4F>:ti'tlf(27''Nt Date JAu /9 , /999 Date F-â‚¬8 24 /9?7 Date A pmt_9,199 9 Date M A o, 7, /999 Date .16Â«Vt I b /119 Hours From 4:06 Q .m Hours From 4 :â€¢7 1 .m. Hours From 4: 00 e .m. Hours From 4: po f.m. Hours From 4Â·.00 f .m. TogÂ·.0, e .m To C: 00 ,.m. To 9900 f Â·mÂ· To 3.00 g .m To S: 00 1 m 21(J K..r,4:'JAR..Crl<2.1 41..Â·14 14-u 2 ' . C ..,; *.. Â·.2. 0 ' inJÂ«<OATH OF ARP.LICANTEP -~07''A V'>4 Â»-7 .. '.,64.'. r. Â·*.14 1.'. .Â·' ...9.. ....1 . ., ,% /:r,r I . 6 -4 ld@clara unkler A-enalty Of'064ury in t,ke second degree that I.have read the fofegoingÂ»blicitioA<and 611 attattiments thdretb; 'hrid i. * .' Â·Â· I -Â·,that AllinfoÂ®fort themif is~ruet-tortÂ¢ct,-~Hd completejothe bddtÂ¢.'mi(khowled#e.fuL:.fi- ,.~Â·;2.-4'.:<Â·luÂ·-5.'....k.~.Â·~ ~ Â·:4'~~~. ' ~~< f 4. SIGNATURE p TITLE DATE 89,6,4. Ae-7 Ork 60.-6 9-2,-gr V.... .4 4 :-1 y:/ wÂ· Â·0Â·-:b.v -t j.: .Â·', ,44. :1,%:Â·J; :REPORT AND~APPROVAL' OF LOCACiLICENSINGAUTHORITY (CITY OR COUNTy)3/,~1:1"~; :y, rp' .Th@ fdrdBojogÂ»plication has been @ijamlped and the premisbs,ibupiness coriducteB and dharacter Of the Â®plicant is satjsfaptory. j :and"weilo:reÂ®rt that duch;permit, if grahted, will comply with'thd provihions of Titi@ 12,Â·Article 48, C.R.S.,:as afheAded: . 1, ...4:/Â· p r 793 2...2.hin'*23.41,1 41: 1 :Â·Â·YTHEREFOF*E;THIS APPLICATION IS APPROVED., .i: . p :t:Â©%.: : i?~ Â·f .i~.t,~f~"A Nfl LOCAL LICENSING AUTHORITY (CITY OR COUNTY) D CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK D COUNTY SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY ..0. 2%' ' " ' Y. .Â· . .*#, ' # U...I- fÂ· btÂ·' 4 â€¢ W . . .8-'. t<- 1. 5%: IiÂ£1*itif[!!F*RMA~!6~/ Si I~C r , 41.4. ' .1. t< i ~ Â·Â·'< M'Â·2Â·,*).f'rfrT "36 F"'t;1 ~ LD, ,. .2 1"Â·JF Â»~1 0,.9 I.bâ€¢â€¢Â·'<,-. . ?lic#nU,Account Nutiibgr*. i .. I L146ility Dit;i.'i~. i .<-'j.-t.}fi:state ~:J.Z f ..." f iÂ·Â· Â·tÂ·Â· ::711Â¥QTAL iti Â·,i f***s.li :T~1,; . 3..3 --1-â€ž *92Â·9 4 '7 Â·:Mi :.6 iN 2 &%*Fl ik. ..1-VEK Â·.,.:11 4Â·~2~ }2L V T . 4.144 ., ...4 Q...{.ji li ' 5 LT.Flu 8:.. Â·Â· ,. ' '# *0 1 - ;C. : .3...d~.:. A .? 3.1. Z, 4 ... . ' ..41.21 : 0? .' 4 0 Lf .' *. 21. :1~ /1 '. , A T> 2 *:A 4,~<.. : I.i, 1 1 .4 : .te .,1 ..5... 000-'tr '9:,9. t? 1 I. :4&. 2 ~ ....Â· k. 1, t ..2 7 r.Â· Lb...i ,.19.~. .5 ,, I. *Â·Â·i 3tr iÂ·,t # ..1:f :4:Zfti. " 4.- : :0.0 , *~*- 4- Â£..* 9ji' I~:.~".~Â·- .c: : . ;13'., f-Â· i o:5 Â· :-:Â»4.- :, :-7#0 *9) -: * 'i<,illÂ·~:.4Â· t,i.4.15. " i:: f.:'...JAks,-44~.06.rihiÂ· (Instructions on Reverse Size) DR 8439 (06/97) COLORADO DEPARTMENT OF REVENUE . LIQUOR ENFORCEMENT DIVISION APPLICATION FOR A 1375 SHERMAN STREET . DENVER CO 80261 SPECIAL EVENTS PERMIT (303) 205-2300 IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT AND ONE OF THE FOLLOWING (See back for detai/sJ 4 CHECK ONE: ~SOCIAL ECHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY C]FRATERNAL D RELIGIOUS INSTITUTION ~PATRIOTIC D PHILANTHROPIC INSTITUTION El POLITICAL ~ POLITICAL CANDIDATE DATHLETIC Â¤ MUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: .<Â·:. c: DO NOT WRITE;IN THIS SPACEÂ· wl> 27?34 21100Â· MALT, VINOUS AN0 SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 U FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Aer C Edlâ‚¬.2- oF E &14 58&-k , INC- 14-23â‚¬19 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) 2-0. 8,9 363K 51-1 6 ic -740 m f &, a 4 --1 't ES frS PAR.K., 00 L. 90 9,7 2%16-3 ~-Ic. Colo 80<11 4 RAMEY 3 / . .'* 4 1 1.4 , f. A . '~ DATE OBBIRTH 1 HOME ADDRESS (Street, City, Stat60 ZIP) " 'i:114," 'if 'CPHONE NUMBER--" Â·. /,0, W'NO '4*,4 LW. .0.0 7 9 70-586- 67-14 4. PRES./SEC'Y OF ORG. or-POLITICAL CANDIDATE 200 W u.6, Ck 7-90-43 48 144, Rs,yiPALL;Co 5. EVENT MANAGER~' 84 Gr(L- &48-6 970 -94- 5-FRL 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? -/ gi NO El YES HOW MANY DAYS? ~10 m YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? ~ Yes ~ No I. - I. - . . ./ . ar.,AL.Kepreys~12:1 -p T. uSTBECOW THE EXACT DATE(S)IFOR WHICH APPLICATION IS BEING MADE FOR PERMIT......rÂ· 1. -fsÂ·. 2 . V Date J,4.7/6,)999 Date 4 -,4 i, 27,mi Date ocr 2, )9 99 Date A ov /9,)991 Date Hours From *:00 f.m Hours From 4:00 1 -m. Hours From 4: 00 e .m Hours From Hours From .m. To 8: 06 f .m To R:01 f m To %:00 f m To 7,Â·0 e p .m. To .m. .Wr .2Â·50:44 k.Â£3 - 'I tsr ..."'/. ' ~ ; *Â·~ ~ ~~~ Â· â€¢*.â€¢v '~';~ f.~ Â·. e : J. : 2 -r~'.--fOATH OF APPLICANT.r; T< 1#81afe under FWnalty,of 06rjury in thi second degrek that l have read theloagoing<applicatioh and 111 attachmeht* thereto, ind Â·, 1 h :13 t' thht all iMormation th'erein is truetcorrect..Anti compiete,torthe bed of my knawledge.-â‚¬ tv Â·:: 1 7, 2 .2 Â·' i :F' ' ' I ./ 4, SIGNATURE 2- Atll) ALS . 4-r GÂ£ A AR-O 9-1-92 TITLE DATE 4 5 .>,3.: 3>it>.. REPORT AND APP. OVAL'OF LOCAL LICENSING AUTHORITY:(61Â¥9 OREOUNTY) 43 .:sig: :I~.f > M= The'fbr@boirig aliplication bas be,ri exhinined and the premises, business tonducted arid charader bf the Appliant W *isfictory, 1 y I '94 I 9/ tÂ·and:ke ciofeport that duch'Iiâ‚¬rrnit, ifbranted, will con*ty,with the provisions of Title,12, Arti616?48, C.R.St.ak hmended.. 30-PY,;22 nt't:<Â© .' 62-].25%. 4 1 ' THEREFORE,>THISAPPUCATION IS APPROVED.2>li:, ....1>~~43Â·.7., *Â·.idi;.Â·*...1,Â·Â·Â·f LOCAL LICENSING AUTHORITY (CITY OR COUNTY) D CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK D COUNTY SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE -FOR DEPARTMENT OF REVENUE USE ONLY w/ :.Â· "2' Â· : 3 L:, ' LIABILITY INFORMATION ' 1 . 72 " 4 - -1 i + : , e>Al -4 ./.; ...441 1-11 I. W.' 5 9,Â·44Â£24 0,2'. 1 1.4, - r'Â· . ; : p. . 2 29.4,4 4'*te.: . k , 29 g. .%. , y. , .~. ..11 1 - 1 V. ~ :, 1 9'#7 - '.4~, : 1, T.... 4 9.7 1 .fri,}.;Q Â·. : 4'2/ :CC:. t V :ttieÂ¢R~*Â¢cb,nt Nt*6*)<.~ f~1"'.0~~i~it~ ~tÂ¢~~l~1~~~: ~ 4y~6 4-;~tÂ·-,-.~jj ;i; i Â£~i.i?L-f~795*U334 . ...2 W. I : I * ' I. ' # F: 37%11. 'AT:I-- ..Aif f ./47:'twff.: e ,Â· 4 7*13.i . â€¢ ....â‚¬Â·4 ... '*.14./; 1 9--L Â·F, 1 7Â·.3 1 Â°..r, .11 4.. . k I: 46 4 .4 I . 4 .2 f ....fiet...Li -750 (999)- 21Â·Â·:fÂ°iÂ·:31-4'~39.4 1... 9,1'.?1~it ;-Â·v=- >t :4: 4 ?. (Instructions on Reverse Size) TOWN OF ESTES PARK Office Memorandum To: The Honorable ~*~ Dekker and Board of Trustees From: Rich Widm Date: December 3098 Re: Intergovernmental Agreement for Exchange of Services and/or Resources BACKGROUND: Earlier this year, representatives from the Northern Colorado Regional Cities decided to formalize the cooperative approach to sharing services and resources that had been used for years informally with an intergovernmental agreement (IGA). This effort reflects a desire to move the regional relationships and discussions beyond the focus of land use planning and represents another step in the implementation of the Northern Colorado Regional Planning Study that was adopted in the spring of 1995. The agreement provides for managers of the participating cities to request services or resources from other participating cities. If the Responding Entity agrees, the manager may assign staff or provide the resources mutually agreed. Cost reimbursements are left to the discretion of the Responding Entity. Any employees provided are still employees of the Responding Entity. Indemnification is provided by the Requesting Entity. Worker' s compensation benefits are provided by the Responding Entity. This is a one-year agreement automatically renewed for successive one-year periods unless terminated. Any party can terminate at the end of any one-year period in effect. The Agreement has been in the approval process since February of this year. Participating entities include Fort Collins, Evans, Greeley, Loveland, Berthoud, Eaton, Estes Park, Johnstown, Kersey, Milliken, Tiinnath, Wellington, Windsor, Larimer County, and Weld County. The Town of Estes Park has participated in and benefited from this approach on an informal basis in the past during the Lawn Lake flood recovery efforts and in flooding situations in Fort Collins. BUDGET/COST: No cost or budget implications. RECOMMENDATION: Staff recommends the Mayor be authorized to sign the Intergovernmental Agreement for Exchange of Services and/or Resources. FAX COVER SHEET DATE: November 30, 1998 TIME: 7:33 AM TO: Gregory A. White PHONE: 970-667-5310 Attorney at Law FAX: 970-667-2527 FROM: Rich Widmer PHONE: (970) 586-5331 Town Admin FAX: (970) 586-2816 RE: IGA FOR EXCHANGE OF SERVICES OR RESOURCES CC: Number of pages including cover sheet: 6 Message Greg: Please review this. It will be on the Town Board Agenda for December 8. I did not enclose all the signature sheets. It has been making the rounds for signatures since at least early this summer. That's about all I know about it at this point. Another subject. Will you have a Senior Center Advisory Board ordinance ready for the packet by Friday? Thanks, Rich l City Manager J'~EÂ©EUVIE-3~ 9~ of Fort Coljins ft NOV 27 1998 ~ MEMORANDUM DATE: November 25,1998 TO: Anna Lenahan, Town Administrator, Town of Berthoud Gary Carsten, Town Administrator, Town of Eaton Rich Widmer, Town Administrator, Town of Estes Park Michael Smith, City Manager, City of Evans Leonard Wiest, City Manager, City of Greeley Vern Haefele, Town Manager, Town of Johnstown Joel Smiley, Town Administrator, Town of Kersey Brian Moeck, City Manager, City of Loveland J. R. Schnelzer, Town Manager, Town of Milliken Jenny McGraw, Mayor, Town of Timnath Kevin Burke, Town Manager, Town of Wellington Rod Wensing, Town Manager, Town of Windsor Frank Lancaster, Manager, Larimer County Donald Warden, Administrator, Weld County FROM: Frank Bruno, Assistant City Manager RE: Intergovernmental Agreement Attached is the Intergovernmental Agreement to be signed by all participating cities. A signature is needed by each Mayor, City Clerk, and City Attorney. To track the document as it is routed to each city, please sign, then return to me at the City of Fort Collins, P. O. Box 580, Fort Collins, CO 80522. I will then send the document on to the next city for signatures. Thank you in advance for expediting the completion of this Agreement. 300 LaPorte Avenue â€¢ RO. Box 580 â€¢ Fort Collins, CO 80522-0580 â€¢ (970) 221-6505 â€¢ FAX (970) 224-6107 1. 1 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this day of , 1998, by and between THE CITY OF FORT COLLINS, COLORADO c'Fort Collins"); the CITIES OF EVANS, GREELEY and LOVELAND; THE TOWNS OF BERTHOUD, EATON, ESTES PARK, JOHNSTOWN, KERSEY, MILLIKEN, TIMNATH, WELLINGTON, and WINDSOR; and the COUNTIES OF LARIMER and WELD, hereinbelow collectiVely referred to as the "Participating Entities." WITNESSETH: WHEREAS, pursuant to Section 29-1-203, C.R.S., governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units of government; and WIIEREAS, pursuant to Section 29-1-201, C.R.S., governments are permitted and encouraged to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, under Article II, Section 16 ofthe Charter ofthe City ofFort Collins, the Fort Collins City Council may, by ordinance or resolution, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WIIEREAS, representatives oftheParticipatingEntitieshavebeen collaborating overthepast several years to explore ways to enhance the working relationships among the cities and towns ofthe Northern Front Range; and WIIEREAS, the councils, county commissioners, and town boards of the Participating Entities have determined it to be in the best interests of their communities to enter into an intergovernmental agreement to authorize the exchange ofresources and services under appropriate circumstances, and to establish the terms and conditions upon which such exchange should occur. NOW THEREFORE, in consideration ofthe mutual covenants hereinbelow contained, and other good and valuable consideration, the receipt and adequacy ofwhich is hereby acknowledged, the parties agree as follows: 1. Exchange of Services and/or Resources. Should any of the Participating Entities determine a need for a governmental or proprietary service or resource not found within its own jurisdiction, the manager or other chief administrative officer of said Participating Entity (the "Requesting Entitf') shall evaluate whether the need would be appropriate for an exchange of 1 / 1 services or resources under this agreement. In making this determination, the Requesting Entity shall consider the nature and complexity of the subject need; the amount oftime required to address the need; the level ofexpertise required; the availability ofequipment needed; and any other factors which the Requesting Entity may consider to be relevant. Upon a determination that an exchange of services or resources would be appropriate under this agreement, the Requesting Entity may contact the manager or other chief administrative officer of one or more of the other Participating Entities (the "Responding Entitf') to request the provision of such services or resources. Upon communication ofany such request, each Responding Entity, in its sole discretion, shall determine whether such services or resources may be provided without unduly interfering with or hindering the Responding Entity' s ability to provide services within its own community. Each Responding Entity shall notify the Requesting Entity within five (5) working days as to whether the request for services or resources can be accommodated. If so, the manager or other chief administrative officer of each such Responding Entity may assign staffand/or provide the resources that have been mutually agreed to by the parties. 2. Reimbursement of Costs. It shall be left to the discretion of the Responding Entity providing the services and/or resources to determine whether to seek reimbursement for out-of- pocket expenses incurred in rendering the requested services or resources. Such expenses may include, without limitation, costs ofreproducing documents, mileage, long-distance telephone calls, or any other expenses deemed appropriate by mutual agreement ofthe Responding and Requesting Entities. In the event that any such payment is requested for services or resources provided, said payment shall be made within thirty (30) days ofthe date of receipt of any billing therefor. 3. Employment Status. Throughout the delivery ofthe requested services, all employees assigned to the Requesting Entity shall respond to the needs outlined and mutually agreed to by the Responding and Requesting Entities, but shall continue to be employed solely by the Responding Entities. The delivery of such services to the Requesting Entity shall be considered to be within the scope ofthe performance ofthe employees' duties for, and employment by, the Responding Entity. 4, Indemnification. To the extent permitted bylaw, theRequestingEntity shallindemnify and hold harmless each Responding Entity, its officers, employees and agents, from and against all liabilities, claims and demands which may arise from the negligent acts or omissions ofthe Requesting Entity's employees or any ofits subordinates, agents or other persons acting under its authority. In addition, the Requesting Entity shall indemnify the Responding Entity for all costs and expenses related to defending such liabilities, claims and demands, including, without limitation, litigation costs and attorney's fees, whether or not such liabilities, claims or demands are groundless, frivolous, false or fraudulent. However, the parties agree that all such liabilities, claims and demands shall be subject to any notice requirements, defenses, immunities or limitations to liability that the Requesting Entity may have under the Colorado Governmental Immunity Act (Section 24-10-101, C.R. S., et seq.) and to any other defenses, immunities or limitations to liability available to the Requesting Entity under the law, 2 5. Benefits/Worker's Compensation. If any officer or employee of the Responding Entity is injured, disabled, or dies as a result of performing his or her services under this Agreement within the boundaries ofthe Requesting Party, said individual shall remain covered by, and be eligible for, the worker's compensation benefits which said individual would otherwise be entitled to receive ifthe injury, disability, or death had occured within the boundaries ofthe Responding Entity. 6. Term. The term ofthis agreement shall continue for a period ofone (1) year from the date hereofand shall be automatically renewed for successive one (1) year periods unless terminated by any party. Any party may terminate this agreement at the close of any one (1) year period by providing written notice oftermination to the other party not less than thirty (30) days prior to the close ofthe one (1) year period then in effect. IN WITNESS WEIEREOF, the parties hereto have executed this agreement the day and year first above written. THE CITY,QFF9RT COLLIN**OLORADO AMui*i#&1 99*oratioi< / -*w r v 1_yÂ«~0~4. Mayor ATTEST: City Clerk APP~ED AS TO FORM: f 47( -1 4 City 4'torney THE CITY OF EVANS, COLQRADO AMunicipal corporation Â¢7 ByÂ·-.1.4-1 P Mayor ATTEST: 4 4 City Clerk f i 7991 Cf966*/, 3 I 1 THE CITY OF GREELEY, COLORADO A Mu~i~~ Corporation L. L ihEALLit,Efi,$4-*. Mayor ATTEST: A 4.4-43- N )%41-21 1 City Â°* APPRQVED AST* FORÂ¥ AS TO AVAILABILITY OF FUNDS: 1400 2. City Atiorney Director of Finance THE CITY OF LOVELAND, COLORADO A Municipal Corporation By:'~~t~14~A<- \JU_ukÂ»26 Mayor ATTEST: City Clerk APPROVED AS TO FORM: ZO'=liey'~-==FÂ°-; 4 4 ' THE TOWN OF BERTHOUD, COLORADO A Municipal Corporation Mayor ATTEST: 9201 A/K Â¢811 6 w Town Clerld APPROVED AS TO FORM: Town Attorney THE TOWN OF EATON, COLORADO A Municipal Corporation By: 220 43 - Mayor 01 a TAm 64rk _ . ./ 0.4' 0 APP]~i~~5*10~00914Â· 7 77.- hi U.. 1/1 1 i 4 k 'vi Town Attorney 5 4 " . THE TOWN OF ESTES PARK, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE TOWN OF JOHNSTOWN, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 6 ' THE TOWN OF KERSEY, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: 1 -f 1 1.3. Yit.-~L~ Town Attorney IHE TOWN OF MILLIKEN, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk - APPROVED AS TO FORM: Town Attorney 7 THE TOWN OF TIMNATH, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE TOWN OF WELLINGTON, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 8 A , THE TOWN OF WINDSOR, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney THE COUNTY OF LARIMER, COLORADO B y~tu#FLO Ac--Â»u Chdir, Board ofCommissioners ATTEST: gcuf Di â€ž 00-okÂ«a - Deputy Cjerk and Recorder APPROVED AS TO FORM: 9~t/42 ( ~10--- Cdunty'Attorndy 9 t. I THE COUNTY OF WELD, COLORADO By: Chair, Board of Commissioners ATTEST: Deputy Clerk and Recorder APPROVED AS TO FORM: County Attorney 10