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Home My WebLink AboutPACKET Town Board 2001-12-13i Prepared 12/06/01 *Revised 12/11/01 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 11, 2001 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 27, 2001. 2. Bills. 3. Committee Reports: None. 4. Estes Park Housing Authority, October 17, 2001 (acknowledgement only). 5. Estes Valley Board of Adjustment, December 4,2001 (acknowledgement only). 6. Estes Valley Planning Commission, November 20, 2001 (acknowledgement only). lA. PLANNING COMMISSION "ACTION" AGENDA (Approval of): Mayor Baudek open the Public Hearing(s). A formal Public Hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. CONDOMINIUM + & FINAL PLAT. Preliminary Condominium Map + and Final Plat of Fawn Lane Condominiums, Portion of Lot 29, White Meadow View Place Addition, Thomas E. Adams/Applicants. 2. SPECIAL REVIEW & FINAL PLAT. Good Samaritan Senior Housing Project, Good Samaritan First & Second Addition, Evangelical Lutheran Good Samaritan Society/Applicant. 1 Continued on reverse side 9 1 et , 2. ACTION ITEMS: 1. RESOLUTION #44-01 SETTING MILL LEVY FOR 2002 (Continued from 11/13/01). Finance Officer Brandjord. 2. LEASE/PURCHASE AGREEMENT - PUBLIC WORKS EQUIPMENT. Finance Officer Brandjord. 3. LIQUOR LICENSE: B&B FOOD MART. Transfer of 3.2% Retail Beer License, Off Premises, from James & Lloyd Barleen to CBR, Ltd., dba B&B FOOD MART, 1110 Woodstock Dr. 4. ORDINANCE #19-01 - AMENDING CHAPTERS 2.52.020 & 2.52.040 MUNICIPAL JUDGE & COURT CLERK SALARIES. Town Administrator Widmer 5. ORDINANCE #20-01 - AMENDING CHAPTER 5.20 BUSINESS REGULATIONS AND LICENSES. Clerk O'Connor. 6. EMPLOYEE BENEFIT PLAN. Assistant Town AdmiAistrator Repola. 7. TOWN ADMINISTRATOR'S REPORT. 8. ADJOURN. NOTE: The December 25, 2001 Town Board meeting has been cancelled. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 Town of Estes Park, Larimer County, Colorado, November 27,2001 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimef County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 27th day of November, 2001. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Absent: Gregory A. White, Town Attorney Mayor Baudek called the meeting to 6rder at 7:00 p.m. PUBLIC COMMENT Phil Stern,-Meeker Park resident, commented that his fellow Boulder County residents object to being included in the EVRPD boundary and offered a history of events beginning in the mid-50's. Mr. Stern's comments were made in an effort to explain why the majority of said residents voted in opposition to the recent Ice RinldEvents Center proposed by the EVRPD and the Town. TOWN BOARD COMMENTS Mayor Baudek thanked the downtown merchants thatparticipated in Halloween activities, particularly Laura's Fudge Shop. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 13, 2001. 2. Bills. 3. Committee Minutes: A Public Works Committee, November 15, 2001: 1. 2001 Water Loop Project Change Order, $9,380. 2. 2001 Water Loop Project Addition: Kearney & Sons, $45,026 and Cornerstone Engineering, $6,750. 3. Budgeted Equipment Purchases: Swenson Sanders (3), MacDonald Equipment Co., $9,072.00. 4. Municipal Building Air Conditioning Design/Build Project, Thorp Associates/Poudre Valley Air, $170,000. 5. Resolution #47-01 - Causeway Underpass/Fish Creek Intersection Project. Board of Trustees - November 27, 2001 - Page 2 4. Estes Valley Board of Adjustment, November 13, 2001 (acknowledgement Only). 5. Estes Valley Planning Commission, special meeting November 15 and regular meeting November 20, 2001 (acknowledgement only). 6. Resolution #48-01, amending Sleepy Hollow Covenants for conveyance of Outlot A to Rocky Mountain National Park Associates. Town Administrator Widmer clarified the reasoning for approval of Resolution #48-01, confirming that with the exception of the Town, all appropriate signatures have been obtained. Trustee Barker requested Item #6 be removed from the consent agenda and voted upon separately. Mayor Baudek granted the request. -- It was moved and seconded (Doylen/Gillette) consent agenda items 1-5 be approved, and it passed unanimously. It was moved and seconded (Gillette/Newsom) Item 6 be approved, and it passed with Trustee Barker Abstaining. c 2. ACTION ITEMS: 1. FINAL PLAT & FINAL CONDOMINIUM MAP OF LAZY R COTTAGES, JAMES M. WHITTLESEY/APPLICANT (Continued from 11/13/01). Community Development Dir. Joseph reported that the 15' utility easement discussed.during the 11/13 meeting has been amended to an overhead utility easement, accepted by the Applicant, and drawn on the plat. There were no audience comments. It was moved and seconded (Gillette/Barker) the FINAL PLAT & FINAL CONDOMINIUM MAP OF LAZY R COTTAGES by approved, and it passed unanimously. 2. RE-APPOINTMENT - ESTES VALLEY PUBLIC LIBRARY DISTRICT BOARD OF TRUSTEES. Mayor Baudek announced the re-appointment of Cami Sebern and Steve Little to the Estes Valley Public Library District Board, each serving 4-yr. terms, expiring 12/31/05. It was moved and seconded (Newsom/Doylen) the re-appointments be approved, and it passed unanimously. Mayor Baudek expressed the Board's appreciation to the appointees for their commitment and willingness to serve the community. 3, TOWN ADMINISTRATOR'S REPORT. A. Board Room Remodel Project Update. Contracts have been signed; the gas line will be relocated today; demolition will begin in the very near future; and the Police Department entrance will be closed and re- routed. The completion date is late March-early April, 2002. B. Sales Tax Detail. September statistics verify that accommodations are +15% and Grocery Stores +10%. The retail (gift'category) industry is +2.3%, 'and restaurants +2%. Year to date, restaurants remain the highest at +7.5%. C. Emergency Incident at Post Office. The Police Department investigated a "powder" incident found in a home delivery box and at the Post Office. The Department collected the samples, and following testing, found the samples were negative for anthrax. The Police Dept. followed established protocol and has confirmed. that the Post Office will also follow such protocol should another occurrence arise. Board of Trustees - November 27, 2001 - Page 3 Mayor Baudek noted that the Board of Trustees will conduct one Town Board meeting in December, December 11, 2001; the 12/25/01 meeting has been cancelled. Trustee Jeffrey-Clark attended the Christmas Parade recognized everyone involved in presenting such a successful event. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:20 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk 1' Estes Park Housing Authority (EPHA) Board Meeting I)ate: October 17, 2001 Members Present: Eric Blackhurst, Sue Doylen, Lee Kundtz, Louise Olson, & Karla Porter Members Absent: Staff Present: Sam Betters, Carolyn Coffelt, & Jean Michaelson Others Present: Guests: Wendell Amos, Greg Burke, Michelle Johnson, Rita Kurelja, Frank Lans, & Sarah Rhodes The October 17th meeting of the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:33 a.m. in Room 203 of the Municipal Building of the Town of Estes Park. APPROVAL OF MINUTES Sue Doylen asked if anyone had any changes, comments, or questions to the September 12th minutes. Lee Kundtz moved to approve the minutes as submitted, and Louise Olson seconded. Minutes approved. MONTHLY FINANCIAL REPORTS Cleave Street Ponderosa Realty, property manager for Cleave Street, announced that all the units are leased up, and that the hold over rents have been increased to current rates. Sam indicated that on the Cleave Street Income Statement that rental income represents the gross income, and vacancy loss represents what wasn't rented. Discussion ensued again on how the financials should be presented. The current reporting is not a true GAP accounting system. A meeting will be coordinated between Sam Betters, Karla Porter, Michelle Johnson, and Sharlet Lee to discuss this further. EPHA Management Company On the balance sheet, you are seeing a huge change in terms of cash assets of $119,714.03 since predevelopment and acquisition monies are now reflected. This is not reflected on the income statements. Expenses are running over due to the increased hours for Jean Michaelson. We are still anticipating the $10,000 from the Town for this, but Jean Michaelson will check into this. Taxes and insurance are over budget as they are directly related to salary costs related to employee benefits as indicated above. For the year to date, we are reflecting a slight net income of about $1,000. COMMITTEE REPORTS-None REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Planning Commission The Planning Commission met yesterday to discuss the preliminary plat and development plan for Good Sam' s portion of the 62-acre track off of Dry Gulch. Preliminary plat approval was 7 to 0, and development plan approval 5 to 2. Next Tuesday, October 23, at 7 p.m., the Town Board hearing will be held on the zoning and annexation. Everyone is encouraged to attend. EPHA October Board Minutes - Page I of 2 New Section 8 Vouchers Jean Michaelson is taking applications for the 14 Section 8 Vouchers given to Estes Park. On the first day, 22 applications were submitted. Loveland staff is providing administrative assistance to get the Vouchers leased up. Jean is also asking the applicants to complete a survey on where they heard about the vouchers from. Applications will be taken till the end of the week. Habitat for Humanity Wendell Amos from Habitat indicated that the Town of Estes Park recently approved changes in zoning and Habitat plans to build four homes for affordable housing. They are in the process of doing the drawings for the homes, and selecting families for two of them to be built this year. Mr. Amos asked EPHA if they would consider donating two water taps to Habitat. Sue Doylen preferred that Habitat ask this of the Town instead of the Housing Authority. Sam indicated that if the EPHA were going to lose them, they might consider this. Sue will talk to someone at the Town. Mr. Amos indicated they needed a decision withinthe next two weeks. USDA Rural Development Client Closing Eric Blackhurst indicated that the lady they were trying to help with rehabbing a home only had $25,000 in her budget to work with. They were already up to $31,000 and still had not gotten the windows and other things. For this reason, the contract died as we could not make it work. ADJOURN Eric Blackhurst entertained a motion to go into Executive Session, and Lee Kundtz seconded. Eric sited the following statutory citations in reference to topic discussions in the Executive Session: C.R.S. Section 24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators. Topic of Discussion: Land Negotiation Matter to be Discussed: Same as above The meeting adjourned at 9:31 a.m. Respectfully submitted, Carolyn J. Coffelt Assistant to the HACOL Director EPHA October Board Minutes - Page 2 of 2 BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment December 4, 2001, 8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Vice Chair Sager, Members Lamy and Ball Also Attending: Director Joseph, Planner Shirk and Recording Secretary Wheatley Absent: Chair Barker and Member Newsom Vice Chair Sager called the meeting to order at 8:00 a.m. 1. CONSENT AGENDA a. The minutes of the November 13, 2001, meeting were accepted as presented. 2. LOT 22A, OLYMPUS HEIGHTS SUBDIVISION: TBD BELLEVUE DRIVE, APPLICANT: REX ROSS WALKER - SETBACK VARIANCE REQUEST FROM j SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Joe Coop of Van Horn Engineering was present representing the applicant. He confirmed that the third fence post (normally used by the Sanitation District) does not indicate a manhole or line within the property boundary. Upper Thompson Sanitation District has reviewed the plan and did not mention a problem. The Board recommended caution when digging in the vicinity of the post. Planner Shirk gave a brief recap of the staff report. This item was continued from the November 13, 2001 meeting to allow for the proper staking of the property. Public Comment: None. Based on staff findings, it was moved and seconded (Ball/Lamy) to approve a rear yard property line setback of 8 feet as opposed to a 15-foot setback as required in the "R" zoning district with the following conditions. Motion passed unanimously with two absent. 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 the work commenced within twelve (12) months from the date the variance is granted. 1. A certificate prepared by a registered land surveyor shall be submitted at the foundation inspection. 2. Compliance with the submitted site plan. 3. LOT 17, BELLEVUE HEIGHTS SUBDIVISION; 2141 BIG THOMPSON AVENUE, APPLICANT: ROBERT K. GRAY - VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE William Kizer, contractor, was present representing the applicant. He confirmed that the deck encroachment would be removed during construction. Planner Shirk reviewed the staff report. The applicant requests a variance to allow for a side yard setback of 2 feet in lieu of the 10 feet required by the EVDC in order to build a kitchen addition. The Larimer County Building Department has made recommendations regarding a fire wall construction, foundation and prior electrical building permits. These have been incorporated into the conditions of approval. It is Staff's opinion the location and orientation of the original cabin and the location of the existing kitchen combine to create special circumstances "ADFOROPUBLISHINGCO RECORb OF PROCEEDINGS Estes Valley Board of Adjustment , December 4, 2001 Page 2 associated with this lot; however, the existing use of the property could continue. Due to the relatively small scale of the proposed addition, it is Staff's opinion the variance request is not substantial and the essential character of the neighborhood would not change. The Applicant has owned the property since at least 1991. At that time, the setbacks were 7 feet. The proposed addition could not be built without the requested variance. Mr. Kizer confirmed that the State Electrical Inspector did sign off on the electrical permits noted in the Larimer County Building Department memo. He also confirmed that the roof overhang will not go over the property line. The floor plan will be revised to accommodate the required fire wall. Public Comment: None. Based on staff findings, it was moved and seconded (Lamy/Ball) to approve a side yard property line setback of 2 feet as opposed to a 10-foot setback as required in the "R" zoning district with the following conditions. Motion passed unanimously with two absent. 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 the work commenced within twelve (12) months from the date the variance is granted. 1. Prior to pouring a foundation, submittal of a setback certificate prepared by a registered land surveyor. 2. Compliance with the submitted dite plan. 3. A certificate prepared by a registered land surveyor verifying that roof overhangs do not extend beyond the property line and the deck does not encroach on the adjoining property shall be submitted to the building official at final inspection. 4. Construction materials shall be similar to the existing structure. 5. As per Larimer County Building Department: a. The foundation shall be stamped by a Registered Structural Engineer (to verify that the addition and existing structure will react properly together, and to verify that the new structure loads are properly supported without adding any structural stress to the existing older structure). b. The proposed additi6n shall be built to UBC fire rating. c. The Larimer County Wildfire Coordinator shall be consulted prior to submittal of building permit application. d. Prior to issuance of building permit, proof shall be provided that final electrical approval was obtained under Permits 95-E3505 and 00- B1897. 6. REPORTS None. There being no further business, Vice Chair Sager adjourned the meeting at 8:29 a.m. Al Sager, Vice Chair Meribeth Wheatley, Recording Secretary . 4 BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission November 20, 2001, 1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Joyce Kitchen, Commissioners Wendell Amos, DeeDee Hampton, Ed McKinney, Cherie Pettyjohn, Edward Pohl, and Dominick Taddonio Attending: Chair Kitchen, Commissioners Hampton, McKinney, Pettyjohn, and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott and Recording Secretary Wheatley Absent: Commissioners Amos and Taddonio Chair Kitchen called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated October 16& 22, 2001. b. PRELIMINARY CONDO MAP, BLACK CANYON INN, Applicant: James Sloan, - continued to the December 18, 2001 meeting at the request of the applicant. It was moved and seconded (McKinney/Pettyjohn) that the Consent Agenda be accepted and it passed unanimously with two absent. 2. PUBLIC COMMENT Amy Plummer, 556 Aspen Avenue - asked that the Planning Commission be more lenient with condominium conversions as it provides opportunity for individuals to purchase property at more affordable prices. 3. PRELIMINARY CONDO MAP, FAWN LANE CONDOMINIUMS, PORTION OF LOT 29, WHITE MEADOW VIEW PLACE ADDITION, Applicant: Thomas E. Adams. Alison Chilcott reviewed the staff report. This is a preliminary condominium map application to condominiumize three single-family units and one duplex, for a total of five units on one lot. Condominiumizing the property will transfer ownership of the common elements, as described in the Declaration and shown on the condominium map, to the Fawn Lane Condominium Owners Association, Inc., a Colorado nonprofit corporation. The units are currently long-term rentals and will continue so after conversion. The property is zoned RM. The lot is non-conforming as to the minimum lot size and the existing development is non- conforming as to density. Additional units cannot be developed. Units A through D are non- conforming structures that encroach into the applicable side yard setback. A n6te should be placed on the Final Plat identifying these as non-conforming structures and indicating that approval of the Final Plat does not change those structures non-conformity. The east property line abuts the edge of pavement on Ponderosa Drive. Additional right-of-way should be dedicated along the east property line to provide five feet of right-of-way between the property line and the edge of pavement. The right-of-way dedication should be showh on the Final Plat and the dedication statement should be amended accordingly. Since pedestrian traffic is common along Stanley Avenue, the final Plat should dedicate a ten-foot easement for a future sidewalk or hike/bike trail along the northern property line bordering the Stanley Avenue right-of-way. The northern boundary of the Unit E Limited Common Element should be adjusted to border the ten foot easement on the preliminary plat. Staff has agreed to waive the requirement for paving of parking spaces. One of the two driveways should be removed and a drainage plan that addresses the erosion problem should be submitted to and approved by Public Works. A revised preliminary plat should be submitted detailing these improvements. The applicant should install and upgrade sewer service to meet the Estes Park Sanitation District requirements described in Jim Duell's Ndvember 140' letter. The water service flow test resulted in four out of the five units having 4 ' eRADFORDFUBLISMING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - November 20, 2001 Page 2 a water flow of less than required for adequate domestic water pressure. The old 34-inch galvanized water service line should be replaced with a new one-inch copper line. Based on the ISO calculations, the existing hydrant provides the required level of fire safety protection. , Amy Plummer of Van Horn Engineering was present representing the applicant. The applicant is willing to grant the 10-foot pedestrian easement if the Town will pay for the relocation of the existing fence when and if it needs to be moved. The applicant appreciated staff waiving the paving requirement. An erosion control plan has been discussed with Bill Linnane and will be worked out to Public Work's satisfaction. They would like the Planning Commission to consider keeping the two driveways open as it exists and has not been a problem. Since it is not definite what size water lines are currently being used, they would prefer the condition to require that it be brought up to Town standards rather than specifying a total replacement. Director Joseph advised that it is Town policy to pay for the fence removal if necessary at the time a sidewalk would be constructed. The rationale for the Code requirement of one curb cut per property has to do with such things as auto/pedestrian conflicts and road maintenance considerations for Public Works. The combined width of the two driveways is approximately 40 feet and 24 is standard. Commissioner McKinney suggested the northern access might be a problem since it intersects with Ponderosa Drive and Stanley Avenue. 4 Tom Adams, applicant, advised there was better visibility at the northern access even with the road intersection. Director Linnane recommended using. the northern access also. The water service line needs to be replaced as it was tested at 2 gallons per minute which is not adequate. If the engineer and developer can come up with another method of increasing water pressure, Public Works would approve plans to upgrade the service. Tom Adams was hopeful the sewer line could be upgraded by replacing from the conjunction of the lines to the street with 6" pipe. Director Joseph advised that since the Sanitation District was not represented, the condition would be revised to allow for their subsequent approval of a revised plan. Public Comment: None. It was moved and seconded (McKinney/Pohl) to rec?mmend approval to the Town Board of Trustees of the Preliminary Condo Map of the Fawn Lane Condominiums with the following conditions, and it passed unanimously with two absent. 1. A note shall be placed upon the Final Plat identifying units A through D as non- conforming structures and indicating that approval of the Final Plat does- not change those structures non-conformity. 2. Additional right-of-way shall be dedicated along the east property line to provide five (5) feet of right-of-way between the property line and the edge of pavement on Ponderosa Drive. The right-of-way dedication shall be shown on the Final Plat and the dedication statement shalibe amended accordingly. 3.-The final Plat shall dedicate a ten (10) foot easement for a future sidewalk or hike-bike trail along the northern propeMy line bordering the Stanley Avenue right-of-way. The northern boundary of the Unit E Limited Common Element shall be adjusted to borderthe ten (10) foot easement on the Preliminary Plat. Should the existing fence need to be removed, it would be at the Town's expense. 4. One of the two existing driveways shall be removed and erosion shall be controlled drld a drainage plan shall be submitted and approved by Public Works. , 5. The applicant shall install/upgrade sewer service to meet the Estes Park Sanitation BRADFOROPUBLISMING Co. RECORD OF PROCEEDINGS Estes Valley Planning Commission - November 20, 2001 Page 3 District requirements described in Jim Duell's November 14th letter, or as subsequently approved by the Sanitation District. 6. The water service line shall be upgraded to the satisfaction of Public Works. 7. A Subdivision Improvement Agreement shall be filed with Staff as part of the final condominium map application for all required improvements. Or all improvements shall be completed installed/upgraded prior to approval of the Final Plat and a two-year warranty for workmanship and material shall be filed prior to approval of the Final Plat per Â§10.5.K of the EVDC. 8. As part of the final condominium map application, an attorney's certificate that the Fawn Lane Condominium Association, Inc. complies with the Colorado Common Interest Ownership Act (Â§38-33.3-101 et seq. C.R.S.) shall be submitted. 9. The revised preliminary condominium map application and final condominium ma~ application shall be submitted by December 4, 2001 to be placed on the December 11 Town Board meeting agenda. 10.A copy of the recorded declaration shall be submitted to the Town within thirty (30) days of final plat approval. 4. PRELIMINARY CONDO MAP, EAGLE CLIFF CONDOMINIUMS, LOT 1, AYERIE MINOR SUBDIVISION, Applicant: David P. Caddell. Alison Chilcott reviewed the staff report. This is a preliminary condominium map application to condominiumize five single-family units on one lot. David P. Caddell currently owns the property. Condominiumizing the property will transfer ownership of the common elements; as described in the Declaration and shown on the condominium map, to the Eagle Cliff Condominiums, Inc. Unit ownership will be transferred to purchasers of the individual units. The units are currently long-term rentals. The multi-family residential use will continue after conversion to condominiums. The property is zoned A-1 Accommodations. All outstanding building code issues listed in Candace Phippen's letter should be resolved prior to November 23, 2001. The new owner of Lot 2 does not use the 20 foot wide access and parking easement and has agreed to vacate this easement on the condition that the area is designated as a "no build zone." The final plat vacates the easement and designates the area as a no build zone. In staff's opinion, pedestrian linkages are not needed at this time for sidewalks, pedestrian connections or trails. Director Linnane has requested that the old galvanized water service line be replaced with a new one-inch copper line to bring it into compliance. ISO calculations were done on the assumption that the existing hydrants within 300 feet of the property have a flow of 1,000 gallons per minute. Public Works has performed a hydrant flow test on the hydrant located at the southwest corner of the property to determine available fire flow. The Pitot gage test resulted in a flow of 147 gallons per minute and the GPM meter revealed a similar flow at 155 gallons per minute. Based on this test, the existing hydrant does not provide the required level of fire safety protection. Fire Chief Dorman suggested either improving the water main or storage on site for fire protection (sprinkling). Fire Chief Dorman also has the option to waive the ISO Fire Safety Standard based on Planning Commission recommendations. Staff has agreed to waive the requirement for paving the driveway since it connects to an unpaved road. The requirement to have a paved access road is also waived. The dedication statement refers to the "Ayerie Condominiums"; however, the map title and the declaration refer to the "Eagle Cliff Condominiums." The name of the condominiums should be the same in the dedication statement, map title, and declarati9n. Commissioner McKinney suggested that rather than the applicant having to upgrade the water main at this time, a note could be added to the plat stating that the property does not meet current ISO standards for available fire flow. Amy Plummer of Van Horn Engineering was present representing the applicant. Since applicant has had recent surgery, there may be a delay in resolving the building permit issues pridr to November 23. The applicant would like to vacate the easement on Lot 2 with a separate document not tied to the approval of this plat. Again, since the size and type of water lines are not yet known, they would like to upgrade the water lines with the approval of Public Works rather than specifying total replacement at this time. The applicant BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Estes Valley Planning Commission - November 20, 2001 Page 4 appreciated the Commission allowing future owners to determine the value of upgrading the water main to improve the ISO ratings. Town Attorney White agreed that the easement may be vacated at a future date. Mrs. Plummer advised they would do their best to get a reception number of the easement vacation for the Final Plat. Public Comment: None It was moved and seconded (McKinney/Hampton) to recommend approval to the Town Board of Trustees of the Preliminary Condo Map of the Eagle Cliff Condominiums with the following conditions, and it passed unanimously with two absent. 1. All outstanding building code issues listed in Candace Phippen's letter shall be resolved prior to placement on the County Commissioners agenda for approval. 2. There shall be a note on the plat identifying the separate private acc6ss easement on Lot 2. 3. Per Bill Linnane's memo, the old galvanized water service line shall be replaced to Public Work's satisfaction. 4. There shall be a note placed on the plat: "Water service to this property does not meet current ISO standards for available fire flow." 5. A subdivision Improvement Agreement shall be filed as part of the final condominium map application for all required improvements. Or all improvements shall be completely installed/upgraded prior to approval of the final plat and a.two-year warranty for workmanship and materials should be filed prior to approval of the final plat per Â§10.5.K of the EVDC. 6. The name of the condominiums shall be the same in the dedication statement, map title, and declaration. 7. As part of the final condominium map application, a certificate by an attorney duly licensed to practice law in the State that the Eagle Cliff Condominium Association, Inc. complies with the Colorado Common Interest Ownership Act (Â§38-33.3-101 et seq. C.R.S.) shall be submitted. 8. A copy of the recorded declaration shall be submitted to the Town within thirty (30) days of final plat approval. 5. BOUNDARY LINE ADJUSTMENT AND REZONING, PORTION OF LOT 3. SECTION 2. T4N, R73W AND THESE K OF THESE K OF SECTION 35, T5N. R73W. 775 Little Prospect Road Applicant: Thomas Collins & Patricia McNully-Collins. Planner Shirk reviewed the staff report. This is a request by Patricia McNulty-Collins to adjust the internal boundary line between two parcels. The exterior boundary lines will not change. The proposed boundary line adjustment will alleviate current legal non-conforming setbacks and minimum lot size issues, and will dedicate utility and access easements. This request includes the corrective rezoning of the northern portion of proposed Lot 1 from"RE" Rural Estate to "E-1" Estate. Access easements should be clearly delineated on the plat, and the dedication statement amended accordingly. This proposal complies with all other applicable standards in the EVDC. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Lot line adjustments do not create additional lots or building sites. Public Comment; None. It was moved and seconded (Pohl/Pettyjohn) to recommend approval to the Board of CountyCommissioners of the corrective rezoning of the northern portion of proposed Lot 1 from RE to E-1 and the McNulty-Collins Boundary Line Adjustment with the following conditions, and it passed'unanimously with two absent. 1. The proposed access easement through Lot 1 to the Hood property shall be graphically BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - November 20, 2001 Page 5 delineated and labeled "private access easement to serve property to the north (include legal description)." 2. A 20-foot wide access easement for Little Prospect Road shall be delineated and labeled "public access easement." 3. The dedication statement shall be amended to include "private and public access easements." 6. REPORTS The next special meeting for Code revisions will be Thursday, December 20, 2001, 11 a.m. study session, 1:30 p.m. meeting. A memo from Planner Chilcott regarding condominium review was distributed. Commissioners were invited to speak with staff for further clarification of condominium review requirements. There being no further business, Chair Kitchen adjourned the meeting at 2:40 p.m. Joyce Kitchen, Chair Meribeth Wheatley, Recording Secretary ..0 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner I and Bob Joseph, Director Date: December 6, 2001 Subject: Preliminary and Final Condominium Map for Fawn Lane Condominiums 1' Background. This is a preliminary and final condominium map application to condominiumize the five existing residential units. No expansion of existing units is proposed and the declarant is not reserving future development rights. The site is located on Fawn Lane, in the Town of Estes Park and is owned by Thomas E. Adams. The lot is zoned "RM" Multi-Family Residential and the existing residential use will continue. Location Map L-1 041) \, South Saint Vrain Avenue 3 Prospect Avenue L X - 2â‚¬/ yvIN ~~ Stanley Avenue ~ Aspen Avenuek 1- 1-1-r - *Ii.- - 11/N Kht-T-'~FrÂ», Ponderosa Drive, ~ ZIL/ p_I_ Fawn Lane < ~3 - n --Al I D--Â·4-_I _L f - g Fawn Lane -...1 E \ - -Zlendominiums - C r I \j j ' 11/ i I 7-71 7/i i i- i fl--1 The Planning Commission voted to recommend conditional approval of the preliminary condominium map. The following conditions remain: 1. One of the two existing driveways shall be removed and erosion shall be controlled and a drainage plan shall be submitted and approved by Public Works. 2. The applicant shall install/upgrade sewer service to meet the Estes Park Sanitation District requirements described in Jim Duell's November 14th letter, or as subsequently approved by the Sanitation District. 3. The water service line shall be upgraded to the satisfaction of Public Works. 4. A Subdivision Improvement Agreement shall be filed with Staff as part of the final condominium map application for all required improvements. Or all improvements shall be completed installed/upgraded prior to approval of the Final Plat and a two- 1 , year warranty for workmanship and material shall be filed prior to approval of the Final Plat per Â§10.5.K of the EVDC. 5. A copy of the recorded declaration shall be submitted to the Town within thirty (30) days of final plat approval. Staff Comment: This cond#ion cannot be met unt# after Town Board approval of the Final Plat. Staff anticipates that all items #1 through #4 will be addressed prior,to the December 11th Town Board meeting. Budget. None. Action. If Items #1 through #4 are addressed prior to Town Board, approval of the preliminary and final condominium map with the remaining condition #5. If Items #1 through #4 are not addressed prior to Town Board, approval of the preliminary condominium map with the remaining Planning Commission conditions and continuance of the final condominium map. â€¢Page 2 Community De,>elopment Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Robert B. Joseph, Director Date: December 5, 2001 1 . Subject: Good Samaritan Special Review and Final Plat Background. This memo will summarize the requisite Special Review of the proposed Good Samaritan senior housing project and the associated final plat. The site is located approximately one mile north of US Hwy 34 on the west side of Dry Gulch Road. The site is adjacent to the south line of Hillcrest Estates. 11 i 1 411] Al/ rl -C Ull t Ill-1 -1 1 --Ur- Site L U-LILI I Ill -fl-T- 1-12 ................... URE-J- / _ 1 -'Â·12' IRMI iL_-- tâ€¢.EÂ»Â· .... , '1- 1 1 14'UN, 4,0 -i.22_z e 4 4 E-1 .- . 9 '6 5 6- 4 - *, /1.11 4 â€¢ A 01* . I. 4 ....&,19% .......... ' 4. Senior Housing Special Review. The Estes Valley Development Code requires special review for senior housing proposals within the multi-family zoning district. Pursuant to Section 3.5, "all applications for a special review use shall demonstrate compliance with all abplicable criteria Â»and standards set forth in Chapter 5 'Use Â· ~ Regulations' of the EVDC, and the following requirement: The application for the proposed special review use mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment." Staff Comment: The proposal has mitigated the impact on nearby land uses with the following techniques: 1. The applicant proposes to develop the Senior Housing project at 5.9 units per acre, which is less than the maximum allowable density of 24 per acre. 2. The subdivision has been designed to provide a single-family buffer to the north of the project. This buffer includes a 100% increase in building setbacks along the Hillcrest Estates boundary. 3. A parking garage will place 34 parking spaces under the proposed congregate living building, thus reducing the amount of surface parking and impervious coverage. 4. The applicant has designed the subdivision to prevent additional traffic through Hillcrest Estates. 5. The applicant has designated % acre of permanent open space along the northeast portion of the subdivision, thus providing additional buffer between the proposal and Stonegate Drive. 6. The proposal includes extensive landscape buffers. 7. The proposal includes architecture utilizing building materials similar in character to the existing neighborhood. 8. The site has been designed with the larger structures toward the interior of the lot, with duplexes surrounding. In addition to these general special review standards, the Estes Valley Development Code sets forth specific review standards for senior institutional living as follows: â€¢Page 2 a. The number of residents occupying a facility at any one (1) time, including staff and family of staff, shall not exceed one (1) person per two hundred (200) square feet ofliving space. (Staff Comment: The proposal meets this technical requirement). b. All structures shall be compatible in terms of building mass, scale and design with the character of the surrounding neighborhood. (Staff Comment: Based on the mitigation techniques above, it is Staff's opinion this requirement has been met) c. Such use proposed to be sited in an existing structure and proposed to house more than five (5) clients or persons shall, to the maximum extent feasible, meet the requirements set forth in the current applicable Building and Fire Codes. (Staff Comment: The proposal will be required to meet the Uniform Building Code. The"Town does not enforce a Fire Code) d. If active and continuous operations are not carried on for a period of twelve (12) consecutive months in a facility that was approved pursuant to this Code, the use shall be considered to be abandoned. As applicable, the use may be reinstated only after obtaining a new special review approval. Final Plat. The Board previously approved the Preliminary Plat. The proposed final plat complies with the approved preliminary plat. This plat will subdivide a 62-acre parcel into three (3) open space lots, two (2) multi- family development lots, one (1) senior assisted living lot, one (1) lot intended for a church, and eight (8) single-family residential lots; and, will dedicate street rights-of- way, various pedestrian and utility easements, Budget. Annexation would require the Town to provide street maintenance and snow removal, and police and fire protection. â€¢Page 3 Action 1. Staff recommends approval of the Good Samaritan Senior Housing Special Review 2. Staff recommends conditional approval of the Good Samaritan Final Plat conditional to: a. Final approval by Public Works. b. Approval of Improvement Guarantee by Public Works.- c. Recording of the submitted draft covenants and maintenance agreement for Lots 5,6, and 7. â€¢Page 4 MEMORANDUM TO: HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR WIDMER FROM: PETE BRANDJORD, FINANCE OFFICER Vt< SUBJECT: RESOLUTION TO SET MILL LEVIES DATE: 12/6/2001 ca Background The Town of Estes Park is required by State law to certify its property tax mill levy to Larimer County by December 15, 2001. The attached resolution was originally presented in conjunction with the annual budget at the November113 Town Board meeting, but because of incomplete information regarding annexations on the Certification of Valuation from the Larimer County Assessor, adoption of the resolution was deferred to the December 11 meeting. Budget Adoption of the resolution allows for the setting of the milllevy and collection of property tax revenues for the Town of Estes Park Action Technical Issues - Staff recommends adoption of the Resolution to Set Mill Levies for the budget year ending December 31, 2002. RESOLUTION NO. 44-01 LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2002, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 2002 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Estes Park adopted the annual budget in accordance with the Local Government Budget Law on November 13, 2001; and WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $230,577; and WHEREAS, the 2001 net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $121,853,880. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That for the purpose of meeting all general operating expenses of the Town of Estes Park during the 2001 budget year, there is hereby levied a tax of 1.892 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2002. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Larimer County, Colorado, the mill levies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 11th day of December, 2001. Mayor ATTEST: Town Clerk MEMORANDUM TO: HONORABLE MAYOR BAUDEK, BOARD OF~OSTEES, TOWN ADMINISTRATOR WIDMER FROM: PETE BRANDJORD, FINANCE OFFICER ~' SUBJECr: LEASE FINANGNG FOR LOADER PURCHASE DATE: 12/6/2001 Ca Background. A loader is budgeted for purchase in the current fiscal year, with debt service on the lease obligation to begin in the next fiscal year. A request for quotation was provided to four local financial institutions, and the responses were opened on December 6, 2001 (see attached matrix). Budget The purchase of the equipment was approved in the current budget, and a payment included in the budget for the fiscal year ending December 31, 2002. The term of the lease is for four years. The qualifying lease agreement includes a non- appropriation clause. Action Technical Issues - Staff recommends awarding the lease financing to the First National Bank of Estes Park (The rate quoted by Key Bank is lower, however the rate is subject to change until closing.) Loader Financing Responses to request for quotations Opening: 12/6/2001 Interest Other Lease Respondents: Rate Charges Agreement Other Bank of Colorado 4.700% X First National Bank of Estes Bank 4.480% X Weststar Bank 4.862% X Key Bank 3.92%* X Those present at opening: Pete Brandjord Laurie Button *Rate is subject to change until closing December 4, 2001 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: The application was filed December 4, 2001 The Town has received all necessary fees and hearing costs. The applicant is filing as a, Corporation There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled X Scheduled Completed (Date: ) MOTION: Move the Transfer Applidation filed by CBR LTD., INC. , doing business as B&B Food Mart for a 3.2% Beer (Off Premises) License be approved/denied. f?G*ilf . TOWN OF ESTES PARK Police Department -I~~49.a 1 :2~ i#f,12>~~ 91.,2 . -2-CS:f~&*~~~216371.1/44*Ppwxb,LE,FT-$47#.- ..r..31Â·Â»,4. 54Â· Â· / Â·I November 26, 2001 Rebecca van Deutekom, Deputy Town Clerk 11 Town of Estes Park Estes Park, CO 80517 RE: B & B Food Mart 3.2% (off) Howell, Robert W. DOB: 03/28/46 Howell, Mary D. DOB: 05/09/51 Howell, Betty E. DOB: 10/21/19 Dear Ms. van Deutekom: An Estes Park Police Department local records check based upon the names and dates of birth on the above-named individuals has been made. There are no local records on the above-named individuals that would preclude recommendation for a liquor license. However, a previous employee, James L. Barleen, plead guilty to an alcohol violation of selling alcohol to an underage informant on June 5,1999. Therefore, based upon the information received, I would recommend approval of the license for B&B Food Mart. Sincerely, -fALL- Â£552' LoE[LE,~REhardson Chief of Police, Estes Park Police Department LR:bw (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 DR 8404 (05/98) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR Â·1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION O NEW LICENSE 25 TRANSFER OF OWNERSHIP m LICENSE RENEWAL â€¢ ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN â€¢ APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a U Individual 6% Corporation U Limited Liability Company U Partnership (includes Limited Liability and Husband and Wife Partnerships) U Association or Other 2. Narrm of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Fein Number - e 13 R J--ro 2a. Trade Name of Establishment (DBA) State Sales Tax No stness Telephone -1% 4 -13 Feo Â£ /1142-1- 40 8695 3 ~78) 526 6709 3. Address of Premises (specify exact location of oremises) 11/8 Â£0eene foe.K Â©A County StatZ; Cit* 125 -7*K kframee_ 00 ZIP Fb 6/7 4. Mailing Address (Number and Street) City or Town Stat*7 ZIP Code Ally-) 065Ra'fOCK OR 6 1-85 7*K LE) %05/7 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date 78 t-77 Noo *1487- 63-23909.-0000 3,2% OF/~77Â£,wAES -3/Â® 18, 9202- Â·-4 1 it, SECTION Atr v <'" '/ APPLICATION FEES ..1 LIAB / ,* SECTION D:. . ' LIQUOR LICENSE FEES 1 60 0 Late Renewal Application Fee $500Â·00 1940 0 Retail Liquor Store License (city) ..........,............. $202.50 00 U Application Fee for New License 650.00 1940 * E Retail Liquor Store License (county) ..................... 287.50 2300 2 Application Fee-New License Concurrent Review.... 750.00 1950 U Liquor Licensed Drugstore (city) .......................... 202.50 2310 21 Application Fee for Transfer of Ownership ............... 650.00 Â¥950 0 Liquor Licensed Drugstore (county) .....................287.50 SECTION B 3.2% BEER LICENSE FEES 4960 0 Beer & Wine License (city) 326.25 2121 0 Retail 3.2% Beer On Premises - (city) ...................... $71.25 1960 0 Beer & Wine License (county).......................,.....,411.25 2121 / Retail 3.2% Beer On Premises - (county) .92.50 1970 El H&R License mcity Ocounty ...,.,...................475.00 2122 N Retail 3.2% Beer Off Premises - (city) .... .................. 71.25 1980 U H&R Licensew/opt Prem C]city Ocounty......475.00 2122 2 Retail 3.2% Beer Off Premises - (county) ...................92.50 1990 0 Club License U city E county ........................... 283.75 2123 2 Retail 3.2% Beer On/Off Premises - (city) .71.25 2010 0 Tavern License m city m county .475.00 2123 2 Retail 3.2% Beer On/Off Premises - (county) ............. 92.50 2020 m Arts License C]city Ocounty.............................283,75 SECTION C RELATED FEES AND PERMITS 2030- El Racetrack License C]city m county.................... 475.00 2040 O Optional Premises License U city m county...... 475.00 2210-100 (999) D Retail Warehouse Storage Permit . ......... $75.00 1905- U Retail Gaming Tavern Lic Il city m county ........475.00 1980-100 (999) D Addition of Optional Premises to existing hotel/restaurant 1975 D Brew-Pub License ... 725.00 $75.00 x Total Fee 6: ' 0 Other 1970-750 (999) m Manager's Registration (Hotel & Restaurant) ,,,,,,,,$75.00 $75.00 0 , No Fee El 3.2% Beer On/Off Premises Only Delivery Permit 2010-750 (999) D Manager's Registration (Tavem) '*''"''*'''- No Fee El Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City ~ County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) '9 Â« i 5- I . Cash Fund New Ucensâ€¢ Cash Fund Transfer Liconse 2300-100 - 2310-1001 7OTAL i i (999) .4 (999) A DR 8404 (05/98) Page 2 , APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This check list should be utilized to assist applicants with filing all required documents for licensure. All documents mus be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED 1. APPLICANT INFORMATION M A. Applicant/Licensee identified. B B. State sales tax license number listed or applied for at time of application. Wl c. License type or other transaction identified. D D. Return originals to local authority. D E. Additional information may be required by the local licensing authority. 11. DIAGRAM OF THE PREMISES ~ A. No larger than 8 1/2" X 11". E, B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). m C. Separate diagram for each floor (if multiple levels). El D. Kitchen - identified if Hotel and Restaurant. 111. PROOF OF PROPERTY POSSESSION O A. Deed in name of the Applicant ONLY (or) - D B. Lease in the name of the Applicant ONLY. Il C. Lease Assignment in the flame of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. D D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS S A. Individual History Record(s) (Form DR 8404-1). [2 B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) U C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. El D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) Â£ A. Certificate of Incorporation (and/or) 12 B. Certificate of Good Standing if incorporated more than 2 years ago. D C. Certificate of Authorization if foreign corporation. (Ek D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer"). l VI. ~'PARTNERSHIP APPLICANT INFORMATION (If Applicable) / U A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. ~LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) / O A. Copy of articles of organization (clare stamped by Colorado Secretary of State's Office). / Il B. Copy of operating agreement. Â¤ C. Certificate of Authority (if foreign company). VI11. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT AND TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION O A. $75.00 fee. U B. Individual History Record (DR 8404-1). DR 8404 (05/98) Page 4 |19. If applicant is a corporat,on, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-I (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE - DATE OF POSITION % OWNED BIRTH 4:Dar li), 4061 899 -Iweauoi ge -re, Arp-c,%Â« 4 RE)5/7 2 4Â·44 70â‚¬6 38% 15â‚¬TTY 1-. *,0gu_ 908 11<RQue,%6 -ik 22(sf~Jf6Â·4 â‚¬o PDS)-7 2Â·21-l9 0~~~b 36% 144 Sâ€¢}e j-~Dwut. 944 -ilicauÂ©Ell.GbET-I>04 4> *6)07 6.9-51 6*-72â‚¬*6Â· 8Â©6 Additional Documents to be submitted by type of entity ~ORPORATION ~ Cert. of Incorp. ~ Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP El Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY ~ Articles of Organization U Cert. of Authority (if foreign company) 110 Operating Agrmt. ~ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agentlitapplicable) Address for Service 1 - /:4 Z .1 4 .Y. 7 i ~ ~ OATH OF APPLICANT, ; ~ ~ declare under penalty of perju-ry in the.second degree that this Application Ad all attachmehts are true, correct, and complete, to the"bestof my knowledbe.. I alsoackhokledge that it is my. respoilsibility and the *ponsibility of my agents and employedd . .4,2 to comply with the provisions of the Colorado Liquor or Beer Coddwhich affect my license. Auth - Date T ~~~%744~7 Title 84Â£-Â£g 11,/7-0/ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Dateapplication filed with local au~hority Date of local authority hearing (for new license applicants; cannot be less than AQ days from date of application 12-47-311 (1)) C.R.S. ke-Â»L t, 0-00 I 29-1- Cunl.Luv 11 ; 4100 1 Each person required to file DR 8404-1: Yes No a. Has been fingerprinted 00 b. Background investigation and NCIC and CCIC check for outstanding warrants conducted 0 0 c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. El 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 characterof the applicant are satisfactory. Wedo reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhoodandthedesiresof theadult 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 Â© TOWN, CITY D 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 boardof county commissionersand theclerk totheboard. I f, byordinance orotherwise, the local licensing authorityissomeotherofficial, then such approval should be given by such official. DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Busine.3~5 t ,8 22%268 /,/:13%027- 'D *14 ~ 5/4- 44 - 9098 , Date Social Security Number(s) 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) fl A /.1 ? EL C /*1 8 6-AT U AL- iD D 150 2> 4. Mailin6 A (If different from residen Home Telephone ~70,33* /9/7 6.res -f3:Â« 20 806/7 9% 696 -340-6 5. Residence Address (street and number, city, state, ZIP) A 094 7274& un/st -7142- 6502723 -** 62 2)577 6. Date of Birth Place of.Birth 7. U.S. Citizen? 3 -1 8 - 4.6 74*5*02 7Â¢490,96 g-Yes gl 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 Ev~ Color Sex Race 9. Do You Have a current Driver's License? U yes give number, & staw Â£7-/3 2 90 6*YOA) 61*9 /1&6C â‚¬#UL- ENes tl No *- /0-7- 242-7 Cozo, lame of Present Employer ~ 11. Type of Business or Em593-nent -Burâ‚¬ c. HmÂ© co 9)2/19/CE Â»fAf /0 J 12. Address of Business Whe~mployed (street numper, city, state, ZIP) Business Telephone ) 7 1 0 - aÂ«Weâ‚¬O AVE EkÂ» AÂ« j CD * 19 9 '7D 6 %6 - 3/22 13. Present Position.n .4 /) 1 ECU A Nic-- 14. Marital Status 15. Namepf Spouse (irtclude maiden name if applicable) /1.,1#22) 6- E /7/Al,9 ~ b~jive 4<:Auci-r *te weac- 16. Spouse's Date of Birth Spouse's Piece otilirth 6.-4 - 51 Ff (Le L L )10% 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer A Occupation A 13 97â‚¬ s fb,1 6 8- h 0-lffc-*44-010- f (DE[ Fae. 19. Address of Spouse's Present Employer 1% 19 L LO 4 G:KNORA Att 23.res:, -4014.\CD . 896)7 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 /L'd> 1 ) 9 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 CJ Yes U 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 traffia 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, i explain in detail. El Yes dES 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. 0 Yes El.No 24. Military Service (branch) From To Serial Number Type of Discharge 11,6. 48-99 6-/5,66 343-* 136098 Â« AmeR/)-FLE' 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 894 -7;4{401 SE fER,)6 Ceâ‚¬aÂ« (1Â© Et)9-7 Ills 1&84< 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 /-2> r 11 amhs /4Â·ma go Ill U EL*,114 kt EsfKFMÂ«-0 JJ|ag"L 147Â© 1&5gtr Â¢09/7 27. What is p,r relationship to the applicant? (54!e owner, partner, corporate officer, director, stsfyfiolder, member or manager) 4.-bave.ADi~Te- E.)1~Fle-(Er /Ginci< MOL-*>e 2 28. If stockholder, number of shares owned beneficially or of record l Percent of outstanding stock owned 30% 3O 29. If partner, state whether O General J 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 $ 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 .4 Sources - Account Numbers Names on accounts or person who can sign on this account $ >ott Q#26-0(-7 $ $ $ - 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. 5 Authorized,Sjgnature Title Date 0 j\ J Dl' , .-V -(-1 /7 lu-26- 01 1 5 DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE - LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) B 2 1 Fo D o M n,vr jo ~26~01 5 2 2.-1 2 -363 7 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname. etc.) 8 6 +1- w r- c. Al Â¥ 25 0 4 1-40 k) ff) 4. Mailing Address (i/different from residence) Home Telephone P: 0. Box %99 9 7 0 -5-Q 6-105-9 5. Residence Address (street and number, city, state, ZIP) 9 00 TUR Â«00 Z S 4 -7-8 06 6 , lf -s 4.5 P n- cz M , C o % O ..5- i 1 6. Date of BirÂ® Place of Birth 7. U.S. Citizen? 10/11)[9 LAS VEO R S /fQ lu )~4-Vt(Lo Â® Yes D No If Naturaliz6d, state'where 1 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 A - 3 200 * 840 6,4 8/Abed AMA/Â£ C A u & EANes ONo 92 -/6 7 -/479 CÂ©, Name of Present Employer 11. Type of Business or Employment Rit-i R. t n 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 13. Present Position 14. Marital Status 15. Name of Spouse (include maiden name if applicable) (.4 ) 1 ~D O K) 16. Spouse's Date of Birth Spouse's Place of Birth 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation 19. Address of Spouse's Present Employer 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. --1 NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER 1 \ 4 ,0 U E L 1 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 CJ Yes Â® No 1 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 bourt? (Do not indlude 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. U 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 G No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP , FROM TO ; 9.00 TI' A 4 l' oist ) RA 11 f s 1-FS 1% A-k,-0 0 2 U s / 7 I97 8 FR Lit j- 26. List all former employers or businesses engaged in within the last five years. (Attach separate pheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO 27. What is your relationship to the applicant? (sole~ner, partner, corporatg officer, director stockholder, member or manager) ( O R POR 61 --~ L) Â·s P ik t ti / 5+ock Ao I J i R , 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 13.5 1 3 5 9 0 29. If partner, state whether J General El 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 $ 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 $ 44- allail o Il $ $ $ 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. Â» 4 Authorized,Signature Title Date 61~0* LoÂ») f - Â·Â·(>26611.u./e/4-/ 42 CA.0.2.1.6~4-1* loiaLiot U DR 84044 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) 13 2-76 Fus &44-1 10-26-19 .5-21 -44 -223.31 2. Your Full Name (last, first, middle) Hy)/,) ELL /)14-01 ~BaA) e 63 i AHE 3. Also_Known As (maiden name/nickname, etc.) 4. Mailing Address (if different from residence) Home Telephone 730. 938* 9 97 Ans Sk< 6 30 5--/7 9 70 384 -3/21 5. Residence Address (street and number, city, state, ZIP) 894 lueeuo/CA (ksÂ·i-es -Ek< 4 98)97 6. Date of Birth Place of Birth 7. U.S. Citizen? 6- 4- 6/ Fy- C.Dz_Â£-pvs do e Yes U No If Naturalized, state where Â· 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 5%Â©t,j Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver'sl*nse? If yes, give number, & st* 6 / ' /40 79?0 G/*270 FEMALE- 0442- 0 Yes U No 91 79 7-323/2 62) ame of Present Employer 11. Type of Business or Employment -C / 0819>.9 )1710 2-0 6â‚¬20106 67*1794 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 1-1'1 68. 8{>P+49 Aer: E-%5~826 -Tkc (10 206/7 970 966 -3)22 13. Pre~nt Position FrffER Â©A-,1--r -6JBJ (FL 14. M rital Status 15. Named Spouse (include maiden name~rf applicable) 4-22\ â‚¬jib 40 5 ga- 80. 4 0 Ez_L 16. Spouse's Date of Birth Spouse's Place of Birth 3 -29- 46 -72FERÂ» 94Â©Re 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation --ne- s hiyte a o ~ec- li-AÂ·W\C ~ 19. Address of Spouse's Present Employer 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 90145 o you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail E] Yes CM,510 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. C] Yes R[ 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. C] Yes c[2[-No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 9614 TABQI,(6),16% -7241(. 841*-*242 03 905-/7 7971 -362>VT 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) 1< NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO 1977\Ace 1110 EL liD-aJ A-Â¢E A-ac61, Ar*f)&4100 1484 TkipENf do 809/7 27. What is your relationship to the applicant? (sole owner, partnf corporate officer, dirattor, stockholder, member or manager) Â£'A+RME 044-~LEâ‚¬. /6406,<, 1-lel-QEE- 28. If stockholder, number of shar neficially or of 4cord Percent of outstanding stock owned ..0.,-,-' 6-7 bb /0 29. If partner, state whether U General E 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 $ 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 $ >44 01GUÂ£Â£ $. $ $ j 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 74D k#rÂ«kiu~t J Administration Department Memo To: Honorable Mayor Baudek Board of Trustee ) From: Rich Widmer , B---~ Town Administrgtor Date: December 4, 2001 Subject: Municipal Judge and Court Clerk Salary Changes 1' Background. Salaries for the Municipal Judge, Assistant Judge, and Court Clerk are set by Ordinance according- to State Law. Historically, we have adjusted the salaries on alternate years. For example, the Municipal Judge's salary was last adjusted effective January 2000, and the Court Clerk's salary was adjusted in January 2001. The attached Ordinance proposes an increase in the Municipal Judge's salary from $15,488 per year to $17,037 per year and in the Court Clerk's salary from $6,988 per year to $8,810 per year. No change is proposed for the salary of the Assistant Municipal Judge. The Court Clerk's salary is proposed for adjustment due to increases in the workload and new procedures, which have combined to require a twelve-hour workweek instead of the historic 8-hour workweek. A salary survey for the Court Clerk position was conducted in accordance with our Compensation Policy. The survey resulted in the proposed salary adjustment. Budget. The adopted 2002 Budget anticipated the Municipal Judge salary increase. The additional cost of approximately $2,500, including benefits, for the Court Clerk was not budgeted; however, adequate funds exist for this purpose. Action Staff recommends approval of Ordinance #19-01 to adjust the salaries for the Municipal Judge and Court Clerk. .-f. ORDINANCE NO. 19-01 AN ORDINANCE AMENDING SECTIONS 2.52.020 AND 2.52.040 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, THE SAME RELATING TO THE SALARIES OF THE JUDGE AND CLERK OF THE MUNICIPAL COURT BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Pursuant to Section 13-10-107 (1), C.R.S., and Section 13-10-108 (3) C.R.S., Sections 2.52.020 and 2.52.040 of the Municipal Code are amended to read as follows: Section 2.52.020. The Municipal Judge shall receive as compensation for his/her services an annual salary of Seventeen Thousand, Thirty-seven dollars ($17,037.00); the Assistant Municipal Judge shall receive as compensation for his/her services an anhual salary of Eight Hundred dollars ($800.00); provided that any Municipal Judge who serves for only a part of the year shall receive for his/her compensation only a pro rata portion of the foregoing annual salary based upon the number of days he/she actually serves as a Municipal Judge or Assistant Municipal Judge. Section 2.52.040. The Clerk of the Municipal Court shall receive as compensation for his/her services as Clerk of the Municipal Court an annual salary of Eight Thousand, Eight Hundred Ten dollars ($8,810.00); provided that any Clerk of the Municipal Court who serves only a part of a year shall receive for his/her compensation only that portion of the year he/she actually serves as a Clerk of the Municipal Court. Section 2. These salaries shall be effective with the pay period beginning December 22, 2001. Section 3. Whereas, in the opinion of the Board of Trustees an emergency exists in that it is necessary to raise the salaries beginning December 22, 2001, this ordinance 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 ,2001. TOWN OF ESTES PARK, COLORADO By: . Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2001, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2001. Town Clerk Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Vickie O'Connor, Town Clerk Date: December 7, 2001 Subject: Ordinance #20-01 Business License Regulations Backaround. Chapter 5.20 of the Municipal Code regulates Business Licensing, and I am seeking your approval to add a "General" License definition and clarify certain procedures followed by the Town Clerk's Office. Town Attorney White has prepared an Ordinance for your review. The Ordinance does not raise current business license fees; amendments are summarized below: > Section 5.20.010 includes a definition for the "General Business License" category, & Section 5.20.030 includes said "General" category and renumbers this section. > Section 5.20.050 corrects a title error pertaining to the ability to transfer business licenses. > Section 5.20.060 Payment of Licensee Fee. This section affects new businesses. Currently, new applicants pay the full fee between January 1 and October 31. Beginning November 1St, new applicants pay the full fee, however Budget Applying the new payment proposal to 2001 new licenses for the second half of the year, we've confirmed a loss of revenue of approximately $22,000. Action. Staff respectfully requests favorable consideration of Ordinance #20-01. Background (cont'd). the following year's license is issued; thus, these businesses receive a 14- month license. This procedure is cumbersome and raises budgetary concerns as this practice does not follow the Town's budget year. Therefore, we are proposing new businesses: â€¢ Pay the full amount of the business licensee fee between January 1 and June 30. â€¢ Any business beginning July 1 through September 30 will pay one- half of the business license fee. â€¢ Any business beginning October 1 through December 31 will pay one- quarter of the business licehse fee. Staff did review another payment option, where new businesses would pay 1/6 after June 300,1 and after November 1St they would not be required to pay a business license fee for that year. New businesses would submit an application, be added to the system, and receive an invoice the first of the year. In 2001, Business License fees generated $218,000Â£ The decrease in revenues is n6t insignificant, however, I believe improved customer service, a thorough review of current practice, and efficiency bear consideration in adoption of the proposed Ordinance. â€¢Page 2 ORDINANCE NO. 20-01 ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE WITH REGARD TO BUSINESS REGULATION AND LICENSES BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THAT CHAPTER 5.20 OF THE MUNICIPAL CODE IS AMENDED AS FOLLOWS: Section 1. Section 5.20.020 Business License Fee is amended to Section 5.20.010 Business License Fee. Section 2. Section 5.20.010 Definitions is amended to Section 5.20.020 Definitions and the addition of the following definition: "(1) General Business means the carrying-on or engaging in any business, profession, or occubation within the Town which business, profession, or occupation consists of the selling of goods, wares, merchandise or service or the performing or rendering of service for charge; except the carrying-on or engaging in an accommodation, building contractor, community special event, or home business." Section 3. Section 5.20.030 Amount of License Fee shall be amended to read as follows: The business license fee is set forth as follows: (1) General Business License: two hundred dollars ($200.00) per year. (2) Accommodation License: five (5) units or less, one hundred fifty dollars ($150.00) per year, six (6) to twenty (20) units, two hundred sixty dollars ($260.00) per year, twenty-one (21) units or more, three hundred seventy-five dollars ($375.00) per year. (3) Building Contractors License: two hundred dollars ($200.00) per year. (4) Home Business License: one hundred dollars ($100.00) per year. (5) Short-Term Rental License, an accommodation subject to Chapter 5.35 of this Code: one hundred fifty dollars ($150.00) per year. 1 Section 4. Section 5.20.050 Form of license; nontransferability shall be amended to read as follows: Section 5.20.050 Form of license; transfers. Section 5. Section 5.20.060 Payment of license fee shall be amended to read as follows: The owner of each business, profession or occupation subject to the provisions of this Chapter shall pay the business license fee for each calendar year in which the owner engages in any business, profession or occupation within the Town as follows: (1) One-half ( 16 ) the business license fee may be paid at any time, provided that full payment is made on or before June 30 of each year. (2) Any new business, profession or occupation which begins its business on or after January 1 and on or before June 30 shall pay the full amount of the business license fee. Any business, profession or occupation which begins on or after July 1 and on or before September 30 shall pay one- half ( 16 ) of the business license fee. Any business, profession or occupation which begins its business on or after October 1 and on or before December 31 shall pay ( 14 ) of the business license fee. All business license fees subject to this subsection (2) shall be due and payable upon submittal of an application to the Town Clerk's office. Section 6. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 2001. TOWN OF ESTES PARK Mayor ATTEST: T6wn Clerk 2 MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Randy Repola ~2- Date: December 4, 2001 Subject: Adjustment of Holiday and Vacation Benefits Background: Employee leave benefits were last modified in 1996. Therefore, staff undertook a review of benefits in 2001 in order to determine how we measure up to our comparison market. Utilizing 2001 Colorado Municipal League data, the Town's benefits were compared to the same market used for salary comparisons (Brighton, Castle Rock, Commerce City, Golden, Lafayette, Louisville, Parker and Steamboat Springs). The evaluation inclmled retirement, health, dental and vision benefits as well as annual leave (vacation), holiday and sick leave benefits. The data from this study was presented at the November 6, 2001 budget study session. Summary material and relevant personnel sections are attached. The review indicated that the Town is competitive in all benefits except annual and holiday leave. Consistent with the Town's objective to offer salaries that are the average of our comparison market, the same standard was applied in the analysis of benefits: that the benefits provided by the Town will be the average o f our comparison market. Proposed Changes to Vacation Leave Difference â€¢ 3 years or less: 7 hours per month (84 hours/year) Unchanged. â€¢ 4 years through 7: 10 hours per month (120 hours/year) Increase 2 hrs/mo. â€¢ 8 years through 15: 12 hours per month (144 hours/year) Increase 2 hrs/mo. â€¢ 16 years or more: 14 hours per month (168 hours/year) Increase 1 hr/mo. Proposed Changes to Holiday Leave â€¢ Add eight hours of holiday leave for a total o f eleven paid holidays â€¢ Maintain seven observed holidays, and four floating holidays o Convert Washington's Birthday, Martin Luther King Day and Veterans day to work days (Municipal offices will be open) o Add one additional floating holiday Budget/Cost: There are no direct costs to the Town. However, the leave earned by employees is carried as a liability on the Town's balance sheet. Recommendation: Staffrecommends consideration of the proposed increases to vacation and holiday leave benefits. Summary of 2001 Paid Leave Comparisons Comparison cities: Brighton, Castle Rock, Commerce City, Golden, Lafayette, Louisville, Parker, Steamboat Springs and the Town of Estes Park. Comparisons were made of the vacation, holiday and sick leave provided to employees. Survey Results . Town is generally below average in the amounts of vacation leave provided. o At the average for entry-level employees o Low of 78% of average at 15 years of service . Three cities combine two leave categories into a leave bank referred to as "Paid Time Off." o A second comparison was calculated after removing the PTO municipalities. 1, . Holiday leave averages 93 hours. o The Town is at 86% of the average offered by comparison cities. Current Leave Accruals . Three years orless earn 7 hours per month (84 hours/year). . Four years through seven earn 8 hours per month (96 hours/year). . Eight years through fifteen earn 10 hours per month (120 hours/year). . Sixteen years or more earn 13 hours per month (156 hours/year). . Holiday leave is 80 hours for all employees (ten paid holidays). Proposed Changes to Vacation Leave . Three years or less: 7 hours per month (84 hours/year). . Four years through seven: 10 hours per month (120 hours/year). . Eight years through fifteen: 12 hours per month (144 hours/year). . Sixteen years or more: 14 hours per month (168 hours/year). Proposed Changes to Holiday Leave . Add another eight hours of holiday leave. o Total of eleven paid holidays. . Maintain seven observed holidays, and four floating holidays. o Convert Presidents' Day, Martin Luther King Day and Veterans Day to work-days (Municipal offices will be open). o Add one additional floating holiday. 1 S. Leave 1. Annual Leave Annual leave will be accrued by all full-time permanent and part- time permanent employees. The accrual o f annual leave begins upon initial employment, and hours are earned each month based upon the following schedule: (Board ofTrustees - April 27,1993). Years of Hours Earned Maximum Allowable Service Per Month* Carry Over 0 through 3 7 168 Hours 4 through 7 8 192 " 8 through 15 10 240 " 1' 16+ 13 312 " (Board ofTrustees - April 27, 1993) **Proposed changes** -Years of Hours Earned Maximum AU?Rable Service Per Month* Carry Over 0 through 3 Â·*- 7 168 Hoard 4 through 7 10 192 " 8 through 15 12 ' 240 " 16+ 14 312 " *Pro-rated for eligible part-time employees. An employee will forfeit (on their anniversary date) any accumulated annual leave that exceeds the maximum allowable carry over. For example: A six-year employee who has 212 hours of accrued annual leave will lose 20 hours leave (212 accrued hours minus 192 allowable carry over hours). (Board ofTrustees - April 27,1993) Annual leave should be requested in advance and is granted at the discretion o f each employee's supervisor. Requests for annual leave may be deferred based upon workload. T. Holidays The following holidays will be observed and are granted with pay to all permanent employees: Nominal Date Holiday January 1 New Year's Day January (3rd Monday) Martin L. King's Birthday February (3rd Monday) Washington's Birthday May (last Monday) Memorial Day July 4th Independence Day September (1 st Monday) Labor Day November 11 Veteran's Day November (4th Thurs.) Thanksgiving Day December 24 Christmas Eve Day December 25 Christmas 1. (Board ofTrustees - April 27, 1993; December 10, 1996) **Propoded~khanges** Nominal Date Holiday January 1 - ..2-1Â·Â·99:Â·43.::, 1.-:; --.New Year's Day May (last Monday) ?04. 4 '...Memorial Day July 4th ' 26332 -~ - : I : ' I. 1.,. IndependencÂ¢I#y September (lst Monday) -Labor Day November (4th Thurs.) ; 1- :Thanksgiving Day December 24.U:- .t, . - -0 ~- A ~~ Â·: . ; Christmas Eve ~.ay December 25 -L'L...Â» Â»Â· Christmas Four open dates--7-7.74 Floating holidaA Note: Permanent part-time employees receive holiday pay on a pro-rated basis. (Board ofTrustees - April 27,1993) Holidays that occur on a Saturday will be observed on the preceding Friday, and those which occur on a Sunday will be observed on the following Monday. Holidays must be taken unless the employee is scheduled to work by the Department Head. (Board of Trustees - December 10,1996)