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Home My WebLink AboutPACKET Town Board 2003-04-08Prepared 03/31/03 ./4:9Â« /5Â§*RIZE The Mission of the Town of Estes Fark le to plan and provide , (610&\ reliable, high-value eervices for our citizens, visitors, and employees. We take 0reat prue eneurind and enhancin0 the 1 5-I.;*1$2*1~ tuality of life in our community by Dein0 00od stewards of public ~ resources and natural eetting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 8,2003 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 25,2003. 2. Bills. 3. Committee Minutes: A. Community Development, April 3,2003: Museum Dept.: 1. Revision to Museum Policy Manual - Collections Management Policy for the Museum and Historic Fall River Hydroplant. Special Events Dept.: 1. Estes Valley Productions, Inc. Music Festival Agreement, August 23- 24,2003. 2. Top Hands Agreement for Show Secretary's Office/Storage Building. 4. Estes Park Housing Authority, February 12, 2003 (acknowledgment only). 5. Estes Valley Board of Adjustment, March 4, and April 1, 2003 (acknowledgement only). 6. IGA with the Estes Park Recreation and Park District - Financial Services. l A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the . Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. AMENDED PLATS: A. Tackman/Bishop Amended Plat of Lots 26-28, Fort Morgan Colony Addition, Lloyd and Jolene Tackman and Karen Bishop. 1 Continued on reverse side 2. FINAL CONDOMINIUM MAPS: A. Park River West Supplemental Condominium Map Vlll, Richard H. Wille/Applicant. 3. MISCELLANEOUS: A. Private Street Name Charte: From Delmar Drive to Fall River Court, Dale Jobe/Applicant (Community Development Committee). 2. ACTION ITEMS: 1. MISCELLANEOUS: A. Landscape Guarantee Waiver - Development Plan #02-17, Vista Ridge, Lot 1, Wildfire Addition, Estes Investors, LLC/Applicant. 2. ACTION ITEMS: 1. ESTES PARK HOUSING AUTHORITY - UPDATE. Rita Kurela, Estes Park Manager. 2. TOWN ADMINISTRATOR'S REPORT. 3. ADJOURN. 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, March 25,2003 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 25~h day of March, 2003. Meeting called to order by Mayor ProTem Susan Doylen. Present: Mayor ProTem Susan Doylen 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: Mayor John Baudek Gregory A. White, Town Attorney Mayor Protem Doylen called the meeting to order at 7:00 p.m. and acknowledged the following introductions: A. Cristina Cabeza - newly named Executive Director, Estes Valley Multicultural Connections. Ms. Cabeza reported on a translator pool that should be in place by April; 'English As a Second Language' classes; day-to-day work with clients; and cross-cultural assistance to the community, such as appraising Municipal Offices to determine where cultural assistance could be improved. The office is located on the second level of the Crossroads Building and Ms. Cabeza may be reached by calling 577-9559. Louise Olsen expressed appreciation to the Town Board for community service funding, adding that this funding is being utilized to conduct the English classes. B. Utilities Supt. Bob Goehring introduced Todd Steichen, newly named Line Superintendent. Following a nationwide search conducted by a Town Team, the team unanimously recommended Todd. Town Administrator Widmer reported on a street light request at the Stanley Village entrance that was forwarded to Line Supt. Steichen; the matter was admirably resolved. C. An Incentive Award was presented to Tom Oldham by Sr. Elec. Engr. Matzke for his superb effort in providing a cost-effective approach for the streetlight upgrade program resulting in a savings of $628/streetlight unit. Mayor ProTem Doylen acknowledged Ass't. Street and Park Supt. Rische who reported nearly 1,000 man-hours were expended in the "Blizzard of 2003" snowstorm by the following: Streets/Parks, Water, Fleet, Light and Power, Stanley Park; and the Estes Park Sanitation District. Ass't. Supt. Rische praised the Trustees for their continued funding support. Administrative Ass't. Button reported on the service and generosity of the following businesses during the storm, and Mayor ProTem Doylen displayed and/or presented plaques to each: A. Sid and Laura Brown, Owners/BIG HORN RESTAURANT (early morning breakfast). B. Rob & Julie Pieper/POPPY'S PIZZA & GRILL (lunch). C. Cathy Chamberlin, Mgr./STARBUCKS COFFEE CO (specialty coffees). Board of Trustees - March 25,2003 - Page 2 Town Administrator Widmer added that Estes Park rose to the emergency situation; and he also commended the Board of Trustees for their budget response in this area. Town Administrator Widmer presented the "Certificate of Achievement for Excellence in Financial Reporting" Award for the Comprehensive Annual Financial Report for the fiscal year ended December 31, 2001. Finance Officer Brandjord and the entire Finance Dept. were commended for their effort in obtaining the award. PUBLIC COMMENT None. TOWN BOARD COMMENTS With the recent declaration of War on Iraq, Trustee Barker expressed his concern to the troops and, in particular, to those Estes Park family members with sons and daughters serving in the war effort. Trustee Jeffrey-Clark gave an overview of the National League of Cities Conference she recently attending in Washington, DC. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 11, 2003. 2. Bills. 3. Committee Minutes: A. Utilities, Mhrch 13, 2003: 1. Hwy. 36 Street Light Underground Project, $29,250 (includes bid award to T.A. Enterprises for $8,750) 2. Vehicle Purchases: Transwest GMC $29,862 (Water Dept. replacement); Pro Chrysler Plymouth Jeep $20,275 (Light and Power replacement). 3. Hwy. 34/36 Intersection Traffic Light Pole Painting Project, $11,800. B. Public Works, March 20,2003: 1. Knoll-Willows Trail Design/Const. Engineering Scope of Services, $25,000 (Blue Sage Landscape Architecture & Cornerstone Engineering). 2. Fish Creek Trail, Phase 1 - G. L. Hoff, $256,369.40. 3. Fall River Trail, Phase 11 - Award Bid to Mountain Constructors, $174,655.50 4. Parks Dept. Irrigation SCADA, Phase IV, $28,664.58. 5. School Campus Pedestrian and Traffic Safety Improvements, $25,000. 4. Approval of candidacy for Lowell Richardson to the Board of Directors/Larimer Center for Mental Health. 5. Resolution #5-03 - Setting public hearing date of April 22, 2003 for new Tavern Liquor License application filed by Regalado LLC, dba THE 1800 SPORTS BAR, 820 Moraine Ave. Board of Trustees - March 25,2003 - Page 3 6. Resollition #6-03 - Setting public hearing date of April 22,2003 for new Hotel & Restaurant Liquor License application filed by Herzak, Inc., dba the INN AT ESTES PARK, 1701 N. Lake Ave. It was moved and seconded (Newsom/Gillette) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. PERSONNEL POLICY MANUAL - UPDATE. Assistant Town Administrator Repola reported that the Personnel Policy Manual outlines general policies and guidelines applicable to all employees. Periodic additions/dmendments are made to the Manual; and the most recent update is a combination of minor changes and inclusion of a small number of policies. Deletions were represented with a strike-through, and new information was represented with an underline. Substantial changes include: (1) new policy allowing the donation of sick leave; (2) inclusion of existing insurance benefits for certain retiring employees; and the previously adopted drug and alcohol testing policy is now included as Appendix A. Town Attorney White has endorsed the Manual as written. Following clarification of various issues, it was moved and seconded (Gillette/Barker) the revised Personnel Policy Manual be approved as submitted, and it passed unanimously. 2. LIQUOR LICENSING: A. TRANSFER OF OWNERSHIP - From Long's Peak Grilling Co., Inc. to Luis & Ignacio Ruiz Partnership, dba RIO AZUL MEXICAN RESTAURANT, 430 Prospect Village Dr., Hotel & Restaurant Liquor License. Clerk O'Connor confirmed that the application was filed February 13, 2003; the applicant is filing as a Partnership; and that T. I.P.S. Training is as yet unscheduled. Trustee Barker noted that the Town Board takes liquor licensing very seriously, urging the applicant not to service liquor to minors. It was moved and seconded (Habecker/Newsom) the Transfer of Ownership Application filed by Luis and Ignacio Ruiz be approved, and it passed unanimously. B. TRANSFER OF OWNERSHIP - From Don, Marge and Darcy Spomer Partnership to Don and Darcy Spomer Partnership, dba SPUR 66 LIQUOR, 900 Moraine Ave., Retail Liquor Store License. Clerk O'Connor reported that pursuant to the death of one of the three existing partners, a Transfer of Ownership must be submitted. The application was filed March 6, 2003; the applicant is filing as a Partnership; and T.I.P.S. Training is as yet unscheduled. Trustee Barker noted that the Town Board takes liquor licensing very seriously, cautioning the applicant not to serve liquor to minors. It was moved and seconded (Newsom/Gillette) the Transfer of Ownership Application filed by Don and Darcy Spomer be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Annual Report. The first edition of the Town's Annual Report has been distributed, and he commended the Town Newsletter Team (Repola, Button, Rutherford, Shirk and Larsen) for the excellent effort. Board of Trustees - March 25,2003 - Page 4 B. Police Department Grant. The Police Department has been advised they will receive a $112,250 grant from the Dept. of Justice. The Town's portion of the grant is $28,000 and funds will be used for communications. C. CML Workshop - Leading With Your Best Foot Forward. Trustees were encouraged to attend this conference scheduled April 12th in Glenwood Springs. The registration deadline is April 4: Pursuant to Trustee Barker's request, Clerk O'Connor provided information on various websites where support may be expressed for our troops serving in the war effort www. usafreedom.corp.qov; link to "Take Action Now" - Learn More. Following completion of all agenda items, Mayor ProTem Doylen adjolimed the meeting at 7.47 p.m. Susan Doylen, Mayor ProTem Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 3,2003 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 3rd day of April, 2003. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: Trustees Barker and Habecker Also Attending: Town Administrator Widmer, Sr. Ctr./Museum Director Kilsdonk, Community Development Dir. Joseph, Special Events Mgr. Hinze, Planner Shirk, Clerk O'Connor Absent Chairman Doylen Trustee Barker called the meeting to order at 8:2 a.m. MUSEUM. Director Kilsdonk reviewed the Bi-Monthly Report: * In partnership with the Library Foundation, the Museum received a $1,500 grant from the Colorado Endowment for the Humanities for a five-part lecture series on Colorado history. All the programs are free and they will be held once/month in the Town Board Room at 7:00 p.m. $ Program schedule. * Fall River Hydroplant Season Opening (May 269; seasonal interpreter position will be funded by PRPA again this year. * New Exhibit: American Roads Opening Reception May 30m * Attendance Statistics for February, 1999-2003. Departmental Policy Manual Revision: Museum Collections Management Policy. The latest policy revision occurred in 1997. The opening of the Fall River Hydroplant facility and changes in current professional practices warrants a revision to said Collections Management Policy. Major changes include incorporating the hydroplant, adding the Museum's new mission statement, and including the Education and Reference Collections in the policy as well as the Permanent Collection. A Photograph Reproduction and Access Policy have been added, and the section on insurance was updated. The Committee recommends approval of the revised Museum Collection Management Policy as presented for inclusion in the Museum's Policy Manual. Museum Building Expansion RFP. The Museum has a pressing need for a new entryway, foyer, entrance sign, multipurpose room and restrooms. Thus, a team of Museum Advisory Board members and staff developed an RFP, and Construction/Facilities Manager Sievers has reviewed it. Funding in the Community Reinvestment Fund was budgeted in 2003 and 2004 ($175,000/yr.) for construction, and staff is seeking federal matching funds in the amount of $101,000 to furnish and equip the space with AV and computer equipment, provide a research station with access to computerized collections records, and develop an exhibit interactive and center and other related items. The Committee recommends staff proceed with the RFP for expansion of the Museum, returning to the Committee for further consideration. The RFP submittal deadline is June 3,2003. SENIOR CENTER DEPARTMENT. The RFP for privatization of the food service was distributed, and responses are being received. Following the submittal deadline, a team will review all proposals and submit RECORD OF PROCEEDINGS Community Development Committee - April 3,2003 - Page 2 a summary to the Committee for further consideration. Town Administrator Widmer reported that opposition to this effort has been heard from Ned Linegar, who believes privatization will significantly change the nature of the Center. However, the Senior Center Boar8 fully supports this action. Prior to Town doard action, the proposals will be submitted to and discussed by the Community Development Committee. COMMUNITY DEVELOPMENT DEPARTMENT. The Committee reviewed the Monthly Building Permit Summary for February, 2003, and the Annual Summary from 1987 through 2002. The monthly total is $1,017,096 as compared to $626,650 in February, 2002. Year-to-date statistics include $2,652,710 as compared to $3,091,713 in 2002. Street Name Change: from Delmar Drive to Fall River Court. Planner Shirk reported that members of the Top of the Rockies Road Assn. of Fall River Estates are requesting the name change of a private street and does not include a request for Town maintenance of the street. Community Development has routed this request to applicable Town departments, including Police, Dispatch, Public Works, and Building Inspection. Staff will ensure maps are updated correctly, and the Applicant will confirm with Dispatch (via telephone) to ensure the street name appears correctly. The Building Dept. will assign new addresses in conformance with the Larimer County Numbering System. The Committee recommends approval of the street name change from Delmar Dr. to Fall River Court. The Committee reviewed an Application Fee Comparison Table comparing the myriad list of submittals between Estes Park (current fees), Carimer County, Gunnison, Brighton, Golden, Ft. Collins, Frisco, Steamboat Springs, and Ft. Lupton. This table confirms the need to re-examine application fees as such have not been fully examined for several years. Discussion followed with the Committee recommending staff proceed with evaluating the current fee schedule, with potential increases to be based on tangible costs, returning to the Committee for further consideration. SPECIAL EVENTS DEPARTMENT. Estes Valley Productions, Inc. (John Spahnle) - Music Festival Agreement. The Committee reviewed the Agreement for a music festival scheduled August 23 and 24, 2003. Performances are planned at approximately 1:00, 3:00, 5:00 and 7:00 p.m. both days, and the grounds portion being utilized includes the main parking lot, lower northeast area (for staging and audience), entire upper area (except the east barn area) for parking and restrooms. The contract amount for four days (includes a set-up and take-down day) is $4,000, plus 25Â¢/ticketed person/day. The event organizer is working with the Police Department regarding traffic; with the exception of event vendors, there will be no overnight public campers or tents; and the event organizer is aware and will adhere to the established 10:00 p.m. curfew. Responding to a question pertaining to who controls the sound levels, Manager Hinze confirmed that the Stanley Park Use Regulations state that the Special Events Dept controls sound level volume. Furthermore, Town Attorney White has not yet reviewed the Agreement. Suggesting Mr. Spahnle attend the Town Board meeting April 8th where the Agreement is officially considered, the Committee recommends the Agreement with Estes Valley Products, Inc. be approved, subject to review by Town Attorney White. Top Hands Organization - Request authorization to construct Show Secretary's Office/Storage Building. Top Hands President Adams and Rooftop Rodeo President RECORD OF PROCEEDINGS Community Development Committee - April 3,2003 - Page 3 Kitchen presented an Agreement that would authorize the Top Hands Organization to construct a building to be used as a show secretary's office and storage building located on the east side of the existing grandstand at the Stanley Park Fairgrounds site. The overall size of the steel building is 30'x14', construction materials include a concrete slab and wood floor, metal siding and roof, an 8' overhead door, floor safe, dropped ceiling, and one window; the structure will be freestanding and movable. Exterior colors are white walls with a green roof to match the existing color scheme. Top Hands will fund cost of construction (+$20,000),and upon completion of all construction, the building will be donated to the Town. Delivery is expected to be 4 weeks after receipt of the order, and time is of the essence due to the approaching event schedule. Additionally, an existing telephone booth must be relocated from the proposed site construction area. Town Attorney White has not yet reviewed the Agreement. Trustee Habecker requested design improvements. Discussion followed, with Trustee Habecker, President Adams and President Kitchen to discuss potential design improvements following the meeting. The Committee recommending approval of the Agreement with the Top Hands Organization, incorporating design improvements as established by the representatives listed above, subject to review by Town Attorney White. Brochures announcing the Estes Park Antique Show, Memorial Day Weekend, May 24 and 25,2003 were distributed. This show is a fundraising event sponsored by the Top Hands Organization. There being no further business, Chairman adjourned the meeting at 9:14 a.m. Vickie O'Connor, CMC, Town Clerk AGREEMENT THIS AGREEMENT, made this day of 200 , by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as party of the first part, and Estes Valley Productions, Inc., as party of the second part, WITNESSETH: WHEREAS, the second party desires to hold a musical festival at the Stanley Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold the event on the following dates: Set-Up - August 21 & 22,2003 Performances - August 23 & 24,2003 Performances Times Each Day - 1 pm, 3 pm, 5 pm, and 7 pm Take-Down - August 25,2003 ( 8-26-03 if necessary) 2. First party agrees to furnish to second party the use of the main parking lot for parking (except on Saturday, August 23,2003 until after 3:30 pm), lower NE area for the staging and audience, entire upper area, except the east barn area, for parking, and restrooms (i f water is not turned off due to cold weather), of Stanley Park as herein provided. , 3. RENTAL. The rental of Stanley.shall be assessed as follows: a) Access to the entire grounds for parking and staging with the exception of the East Stall Area and on Saturday, August 23,2003, the Main Parking Lot until after 3:30 pm plus theÂ· Conference Room. b) Cost for the four days is $4,000 plus 25Â¢ per ticketed person per day. Second party will pay to the first party $2,000 when the contract is signed with the balance of $2,000 payable on or before August 1,2003. The 25Â¢ per ticketed person will. be paid on August 26, 2003. Cancellation by the second party up to 90 days prior to the event will result in a non- refundable deposit of $500.00 and 89 days to event non-refundable deposit of $1,000.00. 4. First party shall not be obligated to provide any service, security, or equipment to second party. A Stanley Park staff person will be on grounds during the event for any emergency maintenance. Use of gazebos and bleachers is available, however, set-up time cost will be billed per hour over and above this contract fee. 5. The second party agrees to provide: a) Adequate trash roll-offs/dumpsters b) Adequate port-a-lets c) Security CD Traffic control e) Staging to include sound and lights . 6. The parties agree that the following provisions shall govern damages, liabilities, insurance and waivers: a) The second party shall pay to the first party the total cost of all repairs incurred by first party or its customers to repair any damage to any of the facilities, including railings, fencing, and water supply fixtures. The second party shall pay to the first party'any clean-up fees including expense for trash pickup. b) The second party agrees to indemnify and hold harmless the first party, its officers, employees, insurers, and self-insurance pool, from and against allliability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part, by the act, omission, error, professional error; mistake, negligence, or other fault of the second party or any officer, employee, contestant, exhibitor, representative, agent, or subcontractor of the second party, or which arise out of any workmen's compensation claim of any employee of the second party or of any employee of any subcontractor ofthe second party. The second party agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the second party. The second party also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees incurred by first party, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. (c) The second party agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and otlier obligations assumed by the second party pursuant to this Section 10. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The second party shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section 10 by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. (d) Second party shall procure and maintain, and shall cause any subcontractor of tlie second party to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptabld to the Town. All coverages shall be continuously maintained to cover allliability, claims, demands, and other -obligations assumed by the second party pursuant to this Section.10. In the-case of any claims made policy, the necessary retroattive dates and extended reporting periods shall be procured to maintain such continuous coverage. (1) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of activities under this Agreement. (2) General Liability insurance with minimum limits of ONE HU-NDRED FIFTY THOUSAND DOLLARS ($150,000) each occurrence and SIX HUNDRED THOUSAND DOLLARS ($600,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shallÂ· contain a severability of interests provision. (e) The policy required by paragraph (2) above shall be endorsed to include the first party and the first party's officers, employees, and volunteers as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the first party, its officers, or. its employees, or carried by or provided through any insurance pool ofthe first party, shall be excess and not contributory insurance to that provided by second party. No additional insured endorsement to the policy shall contain any exclusion for bodily injury or property damage arising from completed operations. The second party shall be solely responsible for any deductible losses under any policy required above. (f) . The parties hereto understand1and agree that the Town is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently ($150,000) each occurrence and ($600,000) aggregate) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act Section 24-10-101 g seq., C.R.S., as from time to time amended, or otherwise available to the Town, its officers, employees or agents. (g) The certificate of insurance provided by the first party shall be completed by the second party's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the first party 60 days prior to commencement of the events. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days prior written notice has been given to the first party. 7. The first party shall provide parking areas for motor vehicles and trailers at Stanley Park, subject to such rules and regulations that the first party may deem necessary. No public over night campers or tents will be allowed. 8. All dogs and other small animals that are on first party's property must be on a leash and under the control of the owner or the custodian of said animals. The provisions of Chapter 7.12 of the Estes Park Municipal Code will apply to all dogs on.the first party's property. 9. The first party's representative of Stanley Park is: Linda Hinze, Executive Director P. O. Box 1967 Estes Park, Colorado 80517 303/586-6104 E-mail 1hinze@estes.org 10. The second party's representative for this contracted event is: AGREEMENT THIS AGREEMENT, made this date of , 2003, by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as party of the first part, and TOP HANDS ORGANIZATION, INC., as party of the second part, WITNESSETH: WHEREAS, the second party desires to construct a building to be used as a show secretary's office and storage on the east side of the existing grandstand at Stanley Park Fairgrounds. Upon completion of this building, it will be donated to the first party. NOW IT IS AGREED AS FOLLOWS: 1. Use of the building would be at the discretion of the first party with the exception of: a. Party of the second part shall retain full use of the storage portion of the building at all times. b. Party of the second part shall have the use ofthe secretary's office during the entire week of rodeo each year. c. Party of the second part shall ask for and be given additional use dates for any Top Hands Organization or Rooftop Rodeo function if it has not already been contracted for. 2. Any use of the building by the party of the second part shall be at no cost to the second party. 3. That upon acceptance of this building, the first party agrees to take all responsibility for the maintenance, use and insurance of the building. 4. This contract represents the entire agreement between the parts and shall not be amended by either of the parties hereto without written consent of the other party. 5. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 6. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. PARTY OF THE FIRST PART: TOWN OF ESTES PARK: By: Attest: Town Clerk . PARTY OFT~E SECOND PART: 11 Ct - BY: WL/ r Mth&&)it< President'Top Hands Organization, Int. L Estes Park Housing Authority (EPHA) Board Meeting I)ate: February 12, 2003 Members Present: Eric Blackhurst, Sue Doylen, Jack Dinsmoor Members Absent: Karla Porter, Lee Kundtz Staff Present: Rita Kurelja, Sam Betters. Rich Ekwall, Moofie Miller, Frank Lans Others Present: Joe Wise, Kristie Charles, Pete Brandjord Guests: The February 12th, 2003 meeting of the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:35 a.m. in Room 203 of the Estes Park Municipal Building. APPROVAL OF MINUTES The Board reviewed the January 11th, 2003 meeting minutes. Sue Doylen asked if anyone had any comments, questions or changes to the January 11 th minutes. None were noted. A vote was called and the motion to approve the January 1172002 meeting minutes was made by Eric Blackhurst and Seconded by Jack Dinsmoor Vote was called and Motion passed. MONTHLY FINANCIAL REPORTS - Financials: Brief overview on December 2002 and January 2003 Financials. Sam asked the Board what they would like to see in Financials Reports. Financial Highlights presented. Sam suggested doing quarterly reports. Permanent financing on Talon's Ponte applied for with CHFA at 6.2 or 4 % for 30 years. Excellent chance of approval. Pete Brandjord, Financial qfficer for the Town of Estes Park reported on the need for the EPHA have an audit separate for.the Towns. Pete also offered information on the concept of Audit Committee. REPORTS Public Relations Committee Jack reported on the presentations that have been given Rita will call Chamber of Commerce Applications for TP will be available 3/1 Go to Newspaper last week of February. Disscussion on realtors presentation. Sam will recommend a home buyers classes. Prior to VR. Applications for Talons Pointe will be available 3/1 Ad in the newspaper end of February. Discussed having home buyers classes prior to Vista Ridge. EPHA Board Meeting Minutes Page 1 Rita, Sue and Joe will produce a bullet sheet for prospective buyers on what can be done now to prepare including credit reports, debt etc. Jack reported on the presentations that had been done to date. DEVELOPMENT UPDATES Talon's Pointe Apartments- Rich reported on construction- cabinets going into one building. Would begin delivering buildings between mid May and June 1. Club House- Investigating redesigning to allow for small meeting room, extend kitchen, exercise room. Aller Lingle will get pricing for changes. Will probably put washer dryers in each unit. Approximately $10,000 to redesign and 20,000 in washer and dryers. Sam asked if all were in agreement to put in washers and dryers. All agreed. Moofie Miller reported on: 1. Logo- passed around several. Will bring back 3 or 4 in March. Applications will go out without logo. Begin taking application March 1. 2. Policy: Pets. Motion was made by Eric that the EPHA adopt a no pets allowed policy at Talons Pointe reserving the right to adjust said policy if needed. Jack seconded. All voted Aye. Motion passed. 3. Screeing policy. Moofie explained the policy as presented. - will add Lone Tree. Screen for Legal status. 4. Grievance policy. Eric made a motion and Jack secorided to adopt the Screening and Grievance Policies All votes Aye and motion passes. Vista Ridge- Vista Ridge. Sam discussed the funding gap of $314,000. That number assumes EPHA board will allocated $100,000 of its fund. Bank will close provided we get commitment for gap up to $288,000. The dilemma is there is not enough equity in the deal. Bank will go fo 75% loan to value. Sam has approached the investors for more money. The answer is no. Dave Lingel will defer 23 K until phase 4. Discussion of absorption rate. Joe felt 2 per month would be reasonable. Rich reported on the bills and invoices owed. Kitchen might be willing to work with us. $26K in VR operating account from kennel that could be used. Sinnett builders believe he can hold prices. Rich reported on the possibility of'helping' Sinnett with his superintendent and his wages. Sam believes it will take 1 month to try to find another funding source. Sue believes that it would be reasonable to loan 100K in pre development funds. Motion to loan 100k from the Estes Park Housing Authority pre-development fuhds and attach the term with the 'Investors' at a later date was made by Eric, seconded by Jack. All voted Aye. Motion passed. Sam and Rich will give Ed Kitchen the status of the financing and give him the opportunity to continue work or stop if he chooses Sam will ask for extension on the bridge loan. COMMITTEE REPORTS EPHA Board Meeting Minutes Page 2 Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Cleave Street Budget- Moofie presented. Motion made by Eric and seconded by Jack to accept the Cleave Street 2003 budget as presented. Vote was called for and all voted Aye. Motion Passes. Frank Lans reported on Vacancy- more than normal. Have now agreed to allow cats. Currently there are 3 vacancies. Rita asked the Board if they would like to move the week the Board meetings are held so that they could have more time to review the Financial Statement. It was agreed to leave meetings as they currently are. ADJOURN Motion to Adjourn was made by Eric and seconded by Jack. All voted Aye and meeting was adjourned at 10:25 . Respectfully submitted, Rita Kurelja Estes Park Housing Authority Program Manager EPHA Board Meeting Minutes Page 3 RECORD OF PROCEEDINGS : Regular Meeting of the Estes Valley Board of Adjustment March 4,2003,8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom . and Al Sager Attending: Chair Barker, Members Ball, Lamy, Newsom and Sager Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott and Recording Secretary Williamson Absent: None Chair Barker called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. LOT 44, BLOCK 1, FALL RIVER ESTATES, SOUTHWEST CORNER OF FALL RIVER COURT AND FALL RIVER ROAD INTERSECTION, APPLICANT: FALL RIVER ESTATES, INC. - VARIANCE REQUEST FROM SECTION 7.6.E.2.b, SECTION 7.6.E.1.a(2) AND SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Paul Kochevar, Estes Park Surveyors, was present to represent the applicant. He stated that he has concerns with staff condition number 8 regarding the parking along the access easement. He stated this property would have a long driveway and there would not be room to widen the driveway to accommodate more vehicles. He feels there is a need to have parking spaces along the driveway to allow vehicles to turn around on site and drive out facing forward. This would eliminate the need for vehicles to back onto a busy road. He stated the Land Trust has been working with the property owners; however it does not appear an agreement will take place anytime soon. Board member Sager questioned the need for additional parking spaces when the requirement for a single family dwelling is 2 parking spaces. Mr. Kochevar stated that Fall River Court is a busy street; therefore, guest parking along the road will not be an option. Town Attorney White stated the parking spaces along the access easement should be addressed by the Land Trust and the applicant to determine if the conservation easement allows parking. Director Joseph stated he supports Mr. Kochevaes request to remove the staff condition regarding the parking spaces and by removing the condition the Board of Adjustment has not approved or disapproved the parking arrangement. Board member Sager stated he is convinced that a building could be situated on the lot in a way that meets the building and river setback requirements, except for the attached garage. He advised the current drawing shows the building at 30 feet wide. In order to meet the building and river setbacks the building would have to be 29 feet wide. The exterior deck shown within the river setback would need to be at ground level. Mr. Kochevar stated that moving the building closer to the sitle yard setback would change the building slightly. As long as the building is not moved farther south he would be in agreement with the changes proposed by member Sager. He stated the building would be rotated clockwise and holding a front wall line along the north. The encroachment into the river setback is eliminated and there would be no buiiding encroachment on the west side. The only building setback encroachment would be along the northern building setback for the garage, wetland encroachment also remains. Public Comment: None. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 2 March 4,2003 It was moved and seconded (Sager/Ball) to approve the variance request of twelve feet (12) from the twenty-five foot (25) front yard setback to build a house thirteen feet (13) from the north property line and a wetland setback variance to allow for construction within the delineated wetland area and the motion passed with the following conditions (See page 6 for drawings). Those voting "yes" Sager, Barker, Newsom, and Ball. Those voting "no" Lamy. 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 pre-application meeting with the builder and Community Development is required prior to application for building permit. 2. Prior to any construction activity, the proposed limits of disturbance shall be fenced with construction fencing in the field. 3. The parking area should be designed, to the maximum extent feasible, to drain to the west. 4. Building permit submittal shall include a grading plan. 5. Prior to pouring foundation, submittal of as-built plans prepared by a registered land surveyor. 6. Compliance with the submitted site plan, which should be revised to include top of foundation and parking area elevations. 7. The applicant shall comply with Section 7.2 "Grading and Site Disturbance", including placement of limits of disturbance and restoration of disturbed areas. 8. Compliance with the Light and Power memo from Todd Steichen dated January 20,2003. 2. A PORTION OF SE 1/4 OF SEC 31, T5N, R72W OF THE 6TH P.M.. 1460 FLOWER LANE, APPLICANT: WALTER D. BOETTGER TRUST - VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. This is a request for a front yard setback variance from the required fifty foot (50) setback to allow for the enclosure of a small corner area of an existing cabin. The proposal would not increase the overall perimeter of the cabin footprint, but would add a bathroom/laundry room of approximately 87 square feet. There are special circumstances associated with the lot. A sewer easement located south of the cabin hinders development potential in that area. The entire cabin is within the required building setback; therefore any additions would require a setback variance. The essential character of the neighborhood would not be substantially altered. Staff does not consider the setback request substantial. Walter Boettger, 1460 Flower Lane, stated that during last summer's Big Elk fire they were asked to remove a propane tank and wood from the location in which they would like to build the addition. Public Comment: e None. Based on the entire cabin is currently within the setback it was moved and , seconded (Newsom/Ball) to approve the variance request of twelve feet (12) 1 from the fifty foot (50) front yard setback to build a house thirtyÂ·eight feet (38) from the property line as per the site plan and the motion passed - unanimously, with the following conditions. 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. Compliance with the submitted site plan. 2. New construction shall be consistent in style, materials, and color of existing cabin. This should be identified with the building permit submittal. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 March 4,2003 3. LOT 1, ELKHORN CLUB ESTATES, 800 OLD RANGER ROAD, APPLICANT: JUDY HUGHES - VARIANCE REQUEST FROM APPENDIX D.111.B.3.c OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. The petitioner is appealing the Town Engineer's decision not to waive the one driveway curb cut requirement to allow two curb cuts to remain at 800 Old Ranger Drive. Multiple curb cuts were allowed on residential lots under the prior zoning code. The Estes Valley Development Code, effective February 1, 2000, limits residential lots to one curb cut. The applicant's building permit #7060 was issued on January 22,2002 for a single-family home. The applicant showed a one curb cut driveway on the building permit, but has continued to use the loop driveway established by construction workers during construction of her house. Staff does not find any special circumstances or conditions related to this property that are not common to other areas or buildings similarly situated, nor that practical difficulty would result from strict compliance with this Code standard. This is a flat, rectangular, 0.20 acre lot with potential for a turnaround area on the western portion of the lot. If staffs decision is not upheld and a two curb cut driveway is allowed on this lot, this will decrease road safety, impact the Public Works Department's ability to provide public services, and impair the intent and purpose of the Code standard. Greg Sievers, Construction/Public Facilities Manager, stated that Public Works staff does not feel this site has a hardship. The topography is flat and the driveway can be manipulated to work with the site. Judy Hughes, 810 Old Ranger Drive, stated that her lot is narrow and to remove the only natural area on the lot to create a turnaround would go against the code provisions to waive the one curb cut standard and decrease her property value. Ms. Hughes believes her circular drive meets the waiver standards of less visual and environmental impact and open space preservation. She feels closing the eastern entrance would negatively impact the environment and could lead to potential oil run off from cars into the river. She stated the westerly access point is not feasible due the proximity of the well head to the house. Ms. Hughes feels using the easterly entrance would require vehicles to back out onto Old Ranger Drive creating a safety issue. She stated she received her Certificate of Occupancy on July 29,2002 and the building official made no mention of the circular drive. Ms. Hughes advised that due to curves on Old Ranger Drive from both the east and the west, a circular drive is safer than a single curb cut on either side of the driveway. Director Joseph stated that when a building permit is issued based on the site plan showing one curb cut, the building officiai assumes this will be the permanent access. It is not uncommon for the building official to allow construction access to be other than the permanent access referred to on the approved site plan. He advised it is not the building official's job at the time they are inspecting the structure to make sure the driveway is in the best possible place. Board member Sager stated the lot was not buildable without the variances Ms. Hughes acquired from the Board of Adjustment in May 2001. He feels the conditions have been self imposed by the property owner. Town Attorney White advised the issuance of a Certificate of Occupancy does'not waive the curb cut standards. The building omcial assumes that the site plan'Will be followed. The curb cut standard can only be waived by the Public Works Director not the building official. Planner Chilcott stated she did visit the site with Ms. Hughes and discussed the visual impact and the driveway configuration. She later visited the site with Greg Sievers who did not feel there were adequate concerns to waive the standard. She stated it is ultimately the decision of Public Works to waive the standard not the Community Development Department. Public Comment: RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 March 4,2003 None. It was moved and seconded (Newsom/Sager) to deny the variance to EVDC Appendix D.111.B.3.c to allow two (2) driveway curb cuts at 800 Old Ranger Drive and the motion passed with the following conditions. Those voting "yes" Sager, Barker, Newsom, and Ball. Those voting "no" Lamy. 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 driveway with one curb cut shall be constructed to meet Code and any abandoned curb cut shall be physically removed, at least three feet from the front properly line. 4. LOT 30. CARRIAGE HILLS 7TH FILING, 1980 N SHARON COURT, APPLICANT: MICHAEL & AUDREY SEYBOLD - VARIANCE REQUEST FROM APPENDIX D.Ill.B.3.c OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. The petitioner is appealing the Town Engineefs decision not to waive the one driveway curb cut requirement to allow two curb cuts to remain at 1980 North Sharon Court. Multiple curb cuts were allowed on v residential lots under the prior zoning code. The Estes Valley Development Code, effective February 1, 2000, limits residential lots to one curb cut. The applicant's building permit #7011 was issued on September 18,2001 for a single-family home. The site plan submitted with the building permit shows a driveway with one curb cut. The applicant did not construct the driveway as shown on the building permit and instead constructed a driveway with two curb cuts. Staff does not find any special circumstances or conditions related to this property that are'not common to other areas or buildings similarly situated, nor that practical difficulty would result from strict compliance with this Code standard. A multiple curb cut driveway is not needed on this lot to relieve practical difficulties in developing the site. If staffs decision is not upheld and a two curb cut driveway is allowed on this lot, this will decrease road safety, impact the Public Works Department's ability to provide public services, and impair the intent and purpose of the Code standard. Greg Sievers, Construction/Public Facilities Manager, stated the building permit site plan showed one curb cut. He advised the southerly access is approximately 50 feet from a stop sign at a busy intersection. Staff is willing to be flexible during the permit stage but not after the fact. Staff also does not find a hardship for this property. It is staffs recommendation to uphold the code. Board member Newsom stated that a letter should be sent to all the builders and contractors to advise them of the single curb cut requirement. Greg Sievers agreed that a letter would be appropriato. Chair Barker questioned whether or not Public Works would have approved 2 curb cuts at the building permit stage. Mr. Sievers stated Public Works would not have supported 2 curb cuts due to the lot being relatively flat. Public Works would have suggested that the house be resiluated on the lot to make it possible for a turnaround to be constructed. Chair Barker asked if Public Works has any desire,to change the 1 curb cut requirement. Mr. Sievers stated Public Works does not waht to change the standards, and his research has shown that other states and counties have the same standards in place for safety reasons. Michael Seybold, 1980 North Sharon Court, has been informed by Public Works that the reasons for the 1 curb cut standard are to reduce snow ridge removal complaints, decrease the number of water drainage complaints, and decrease the wear and tear on the roads. He feels these are issues that can be addressed by the homeowners or by the Town without limiting the number of curb cuts. Mr. Seybold stated there are a large percentage of homes with 2 curb cuts in the valley that have been grandfathered; therefore, he questions if this regulation is good for Estes Park. The Seybold's are trying to reduce the traffic conflict points and increase safety by getting cars off the street and parking them in their driveway. North Sharon Court is RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 5 March 4,2003 E narrow street near a busy intersection. It has also been stated by Public Works that this is a widely used policy. Mr. Seybold's research has shown that Fort Collins allows 2 curb cuts, Longmont allows 1 curb cut for every 100 feet of road frontage, and Loveland atiows 1 curb cut, but is liberal with the requirement. He believes the code needs to be revised to make exceptions or perhaps allow homeowners the option to purchase additional curb cuts. He feels the code is not equally enforced. Board member Newsom stated the site plan submitted with the building permit showed one curb cut and 2 curb cuts are in violation of the established requirement. Mr. Seybold stated that they chose the location of the house in order to enhance the open space of their lot. Public Comment: None. It was moved and seconded (Sager/Ball) to deny the variance to EVDC Appendix D.Ill.B.3.c to allow two (2) driveway curb cuts at 1980 North Sharon Court and the motion passed unanimously, with the following conditions. 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. The curb cut closest to Scott Avenue shall be removed, not covered over or blocked, at least three feet from the front property line within six (60) days of this Board of Adjustment hearing. Chair Barker stated the codes are not actively enforced and there is compliance through complaint. Board member Newsom would like to know if it is possible to find out how many accidents have occurred due to backing onto a right-of-way. 5. REPORTS Town Attorney While advised that he sent a letter to the Alpine Meadow Homeowners Association in response to their letter to Dave Shirk dated January 23, 2003. He stated the Association's letter made incorrect statements in regards to their ability to control the Board of Adjustment or the Development Code. There being no further business, Chair Barker adjourned the meeting at 9:55 a.m. Jeff Barker, Chair Jacquelyn Williamson, Recording Secretary 41 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 6 March 4,2003 U W V >1/ 1 0 1-\6 . --0 U HEAVILY 4â‚¬GEJAED - 8Q-- r-3 -4-,- - ../: 2- 01/ 4/ r .ir.p .1/ 4. 71. / I 78 ----- 0 24. I N02'00'00"W 80.00' 0,-0'.. g ~-~ ~8700'00"E 4 + 3:29.U?4Â·-=Â·Â·Â·*5 ,+- 25.95.-645Â£ .-*... 10 6/ 4/ *k + RB ......Kn. 0 -0--- w-Â»41..<*SE~L<~24** - , . 1 4 + 9 + L 7 .>. TAT26 - + L 97 25' SETBACK + .~Â©Â·r.14 j /41 ' ' /YO T------29: . :ASS X 4 / 4 1 j fi '1 r' X. / 11 2,-.12 y// Puh~~*K-41:1::#r-/.f % URiNG 4\44 44//2 ///z U, 26. ' + - TR*4422. 1 I 1 J.- t, / Ld'tit . / 4/35..16 ... j. M<K // 0 /1. 14'..-00: 0 ' EXTERIOR DECK /r \ 3 .56 . O. / C r. / 4/ i Original Configuration Â·" // 15% 4 i EXISTING - / 011// / - M --------- ---- - ZAO- +..12r -------Il-- 4 .....-g* . ~ AVICY NEGEJA.g _ 8Q_~ .-,- tpio---- --- - 9 + %8700'00"E --0- .. 4' ~ + + EASEMENT ..4, 1- 25.00' N02'00'00"W 80.00' .-.0 {1: --lu 4 + 4 4/ - WATER SER; 0 30 4.-0-4--3 f 1%. + 9 + urÂ«Â·. , -I- .. ./4,0 . Al... is.44- -Â·f- rAT'26 --1 ASS 4/7 9 \ .f A TOÂ« Ar .\ ..25 See - F JRiNG \13\4 + / 1 k - . 2.550- 1 Â·Â· / // -3 0. 47 1. Â·r 4 +004: . Â· / i. 65 - 1///0 0 4 .. V. . - .. 006 ..,- -- -- -- EXTERtOR \ p 46. - ?2: '50..... sÂ· Board of Adjustment -- 1 Â·Â· -/ , Approved Configuration - / March 4,2003 4/ / L. I. sgfe-- / . D RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment April 1,2003, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Jeff Barker, Members Judy Lamy, Wayne Newsom and Al Sager Attending: Vice Chair Lamy, Members Newsom and Sager Also Attending: Planner Shirk and Recording Secretary Williamson Absent Chair Barker, Director Joseph and Planner Chilcott Chair Barker called the meeting to order at 8:05 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA a. The minutes of the March 4,2003 meeting with the addition of Member Lamy's comments concerning safety in regards to item 3, Lot 1, Elkhom Club Estates, 800 Old Ranger Road. b. Portion of Lot 7, Summervilla Subdivision, 775 Riverside Drive - Withdrawn by the applicant. It was moved and seconded (Sager/Newsom) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. LOT 138, UNRECORDED PLAT OF AL FRESCO PLACE ADDITION, 471 MACGREGOR AVENUE, APPLICANT: BLAKE & SUSAN ROBERTSON. - VARIANCE REQUEST FROM SECTION 4.2, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. This is a request to build an attached two- car garage on a lot in Al Fresco Place, an unrecorded plat. There is an existing single-car garage located along the southern end of the house. The applicant proposes to convert the existing garage space into additional living area, and build an attached two-car garage between the existing structure and the southern property line-. The new garage would have a property line setback of nearly 16 feet, which would violate the required 25 foot setback. The lot,.41 acres, is undersized for the "E-1" district, which has setbacks established for 1 acre lots. In addition, the lot has an unusual shape that limits the developable area to the proposed location and one other area, located west of the existing house. Because of the potential removal of two mature trees, staff considers this request substantial. Alternatives exist that would allow for compliance with long established setbacks. These alternatives would also have less visual impact on the neighborhood. No significant issues or concerns were expressed by reviewing staff. Blake Robertson, 1360 Emerson Avenue, Salt Lake City, Utah, stated he purchased the house as a retirement home. He informed the Board of his intent to place a new heating system and laundry room in the rear of the new garage, therefore, making it necessary for the garage to be deeper than a typical 2-car garage. He believes tlie "Ed " zoning of the property was inappropriate for the oddly shaped lot that is less than a half acre. Mr. Robertson stated that if the property had been appropriately zoned "E" the property would have roughly the same useful land area as a 1 acre lot zoned "E-1". Board member Sager stated the removal of 2 mature spruce trees concerns him and needs to be given careful consideration. Mr. Robertson stated he could have taken the trees down initially before requesting a setback variance. He does not feel the construction of the garage will impact the root zone by more than 30 percent. He is willing to bond if the 2 trees die due to the construction he will replace the trees. He advised he would shorten the garage in order to protect the root zone of the trees. Mr. Robertson stated that he has a legal right to remove the trees. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 0 .t . April 1, 2003 Public Comment: Harriet Burgess, 441 MacGregor Avenue, stated that her husband is caretaker for the Robertson house. She stated that her husband has mentioned several times to the Robertsons that their lot has 25 foot setbacks. Mrs. Burgess advised the lot is nonconforming to size but not to use (single family residential). She feels the zoning for the lot is appropriate. She is concerned about the size of the garage and the effect construction will have on the 2 trees. She is also concerned that the driveway for the new garage would require an extension, pushing it farther south and coming within less than 3 feet of their property line. She would like to see the garage reduced in size and brought even with the current garage, which would still require a setback variance. t Mr. Robertson stated the garage is not wide when you look at other 2-car garages. He restated that construction of the garage will not impact the trees and the garage is longer than normal in order to house the new furnace and laundry room. He stated he is trying to work within the code. Planner Shirk stated the entire neighborhood has had the same zoning and setbacks since at least 1974. Board member Newsom stated that as a realtor in the area, he has found that the typical 2-car garage is 575 square feet. He questioned whether reducing the garage size would allow the addition to fall within the setbacks. Planner Shirk stated a reduction in the length of the garage would give the trees a greater chance of surviving the construction. Mr. Robertson stated adding on to the existing garage might work; however the preferred alternative would be to shrink the proposed garage length and make the old garage a laundry / recreation room. Board member Sager is convinced the proposed 26 foot wide garage would destroy the roots of the trees. He would suggest shrinking the garage to 24 feet and shorten the length to 28 feet which would reduce the encroachment into the setback and possibly save the 2 trees. H. David Nelson, architect for the project, stated he would favor cutting the length of the proposed garage over the width. He stated the garage was designed 26 feet wide due to the slope of the lot. The applicant wants to preserve the natural grade of the lot. Mr. Robertson stated he feels he could make a 30 foot and perhaps a 28 foot long garage work. Board member Newsom stated that it is his understanding that the apron of the driveway could be within the setback. Planner Shirk advised that driveways can extend into the setback up to 3 feet from the property line. It was moved and seconded (Sager/Newsom) to deny the variance request to build a garage fifteen feet (15) from the south property line and the motion passed unanimously with one absent. 3. LOTS 1 & 10, BLOCK 3, LARIMER TERMINALS, 460 ELM ROAD, APPLICANT: SOUTH BEND LLC - VARIANCE REQUEST FROM SECTION 7.5.E.1, SECTION 7.5.F.2.B.(5).(B), SECTION 7.5.G.2, AND SECTION 7.11.N.2.A OF THE ESTES VALLEY DEVELOPMENT CODE. Board member Sager stated the property was not staked or signed. Bill Van Hom of Van Hom Engineering was present to represent the applicant. He stated the intent was to flag the building; however the site is in a state of turmoil with the removal of the scales. The current snowstorm also made it difficult to stake. He stated that this variance request has nothing to do with the building itself; therefore staking the position of the building would not be necessary. He apologized for not placing the required sign on the property. He stated this is the first time through the process for his employee and the applicant. He advised that the road does not get a lot of traffic RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 April 1,2003 and all the neighbors are aware of the project. Member Sager stated that it is important for the property to be signed for those who might drive by and be interested. Planner Shirk stated that it was an oversight by staff. Planner Shirk reviewed the staff report. The applicant proposes to build a 12,900 square foot metal building. The building is intended to serve as storage for the rock quarry operation to the north, and to allow space for the applicant's historic fire engine restoration business. These requests are in conjunction with an amended plat and development plan proposal to be heard at the April Planning Commission meeting. Due to the minimal anticipated truck traffic, staff does not consider the loading area variance substantial. Staff also does not consider the request to reduce the required landscaping substantial. This is due to the existing character of the neighborhood and proposed rock features, which may be considered to serve the same function as shrubs, and will fit with the character of the neighborhood and nearby rock quarry. The essential character of the neighborhood would not change. Mr. Van Horn stated the applicant does not have a problem with the staff conditions. The purpose of landscaping on this site was not for the adjacent neighbors but for those properties that will view the site from across the valley. Therefore, the decision was made to place additional trees on the south side of the building. He stated they are aware this will set a precedent for the area. He advised the shape and size of the lot makes it difficult to have the loading area outside of the buHding. He feels that any activity that can take place inside of the building will create less impact on the neighborhood. : Public Comment: Ed Kitchen, 1901 Fish Creek Road, stated he likes the applicant's plan. He feels it is important that the landscaping requirements be flexible. He questioned the parking and need for so many parking spaces. Joyce Kitchen, 1901 Fish Creek Road, stated Planning Commission has been looking at the requirements for landscaping in areas were trees and shrubs have not ~ grown in the past. It was moved and seconded (Newsom/Sager) to approve the variance request from Section 7.5.E.1 Landscaping Requirements for Nonresidential Uses, Section 7.5.F.2.b.(5).(b) Planting Requirements for Nonarterial Street Frontage, Section 7.5.G.2 Parking Lot Perimeter Landscaping and Section 7.11.N.2.a Off- Street Loading Requirements to plant 15 trees instead of the 22 trees required, 7 rock features instead of 71 shrubs, and to allow for the off street loading to be built within the building and the motion passed unanimously, one absent, with the following conditions. 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. The applicant shall at no time utilize public right-of-way for use as loading/ unloading zone. All trucks shall be parked on the applicant's property. 2. The landscaping plan shall be modified to relocate one of the trees from the east property line to the west side of the parking lot. Y 4. REPORTS None. There being no further business, Vice Chair Lamy adjourned the meeting at 9:40 ai.: a.m. Judy Lamy, Vice Chair Jacquelyn Williamson, Recording Secretary MEMORANDUM TO: HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR WIDMER FROM: PETE BRANDJORD, FINANCE OFFICER SUBJECT: AGREEMENT FOR SERVICES DATE: 3/14/2003 CQ Background. The Finance Department of the Town of Estes Park has provided accounting services to the Estes Valley Recreation and Park District since 1993. During this time, the agreement has not been adjusted for the increased costs incurred by the Town to provide the service. We have negotiated with the District to increase the monthly fee from $750 to $885, and to include an annual fee increase of 3% in future years. Budget The revised agreement will not require additional appropriations, and will increase revenues in 2003 and in anyfuture years that the agreement is renewed. Action Policy Issues - The agreement continues the intergovernmental cooperation between the Town of Estes Park and the Estes ValleyRecreation and Park DistriCI. Technical Issues - The revised agreement does not require any additional services to be provided bythe Town. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT effective this day of , 2003, by and between the TOWN OF ESTES PARK, a municipal corporation, hereinafter referred to as the "Town", and ESTES VALLEY RECREATION AND PARK DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, hereinafter referred to as the "District"; WHEREAS, the Town operates a finance and accounting office; and WHEREAS, the District desires to contract with the Town for certain financial and accounting services; and WHEREAS, Section 29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to the individual entity; and WHEREAS, pursuant to the applicable statutes of the State of Colorado the parties are authorized to enter into this Intergovernmental Agreement; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The Town shall provide financial and accounting services to the District as said services are more fully set forth on Exhibit "A" attached hereto and incorporated herein by reference. 2. The District shall pay to the Town for its services the sum of $885.00 per month. The sum is due payable on the first day of the first calendar month from the effective date of this Agreement. The monthly payment of $885.00 shall be incrfased by 3% compounded annually on January 1 of each successive year. 3. The District shall provide the necessary financial and billing information required to allow the Town to perform the services set forth on Exhibit -1- 4. The parties understand and agree that the information provided from the District to the Town shall be used by the Town only in the services to be provided under Exhibit "A". The Town hereby agrees not to provide any portion of said information to any third party without the express written consent of the District. The parties understand and agree that both the .District and the Town are subject to the applicable provisions of Article 72 of Title 24, C.R.S., commonly known as the Public Records Law. In the event the Town receives a request for District information or the requested information is a product of the Town's services pursuant to this Agreement, the Town shall inform the District of the request. The District shall consult with the Town immediately to determine whether or not the request shall be honored under the applicable terms and conditions of the Public Records Law. If the District instructs the Town not to honor the request or any portion thereof, the District shall indemnify and hold the Town harmless from all costs incurred by the Town as a result of its failure to provide the requested information, including but not limited to all attorneys fees, expert fees and court costs incurred by the Town as a result of its denial of said request. The parties agree that the Town shall comply with any order of any Court requiring release of information. 5. This Agreement shall be for the period between the effective date hereof and December 31, 2003. This Agreement shall automatically renew for five (5) additional one year periods unless terminated by either party hereto. Either party may terminate this Agreement prior to its annual anniversary date by giving notice of termination in writing to the other party on or before December 1 of the appropriate year. 6. This Agreement contains the entire agreement between the parties and may be amended by the parties only in writing. 7. The District is not an agent or employee of the Town and the Town is not an agent or employee of the District for any of the terms, conditions or services provided under the terms of this Agreement. 8. The District agrees to indemnify, hold harmless and defend the Town, its officers, agents, volunteers and err*loyees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss or use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the District's intentional and negligent actions in its provision of any services or information under the terms and conditions of this Agreement. -2- 9. The Town agrees to indemnify, hold harmless and defend the District, its officers, agents, volunteers and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Town's intentional and negligent actions in its provision of any services or information under the terms and conditions of this Agreement. 10. The Town and the District will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event of a claim or action which is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 11. All notices, derr,ands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered, as follows: Town of Estes Park Town Administrator P O Box 1200 Estes Park, CO 80517 Estes Valley Recreation and Park District Executive Director P O Box 1379 Estes Park, CO 80517 12. This Agreement shall be construed in accordance with the laws of the State of Colorado, and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 13. The parties to this Agreement understand and agree that the parties are relying on, and do not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act Section 24-10-101, et. seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. -3- 14. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned by either party hereto without the written consent of the other party. TOWN OF ESTES PARK, BY: Mayor ATTEST: Town Clerk * ESTES VALLEY RECREATION AND PARK DISTRICT BY: 11-4 PresiderNi the udkd of Directors ATTEST: Secref~z -4- Exhibit "A" Estes Valley Recreation and Park District Accounting Basic Operations performed and not limited to the following: Payroll: â€¢ Bi-weekly input/checking of new, rehired, terminated employee records. â€¢ Bi-weekly input of payroll timecards and processing of paychecks or direct deposit stubs. â€¢ Occasional voiding and reissuing of paychecks. â€¢ All records are returned to the EVRPD for retention. â€¢ Adjusting journal entries for taxes wired by EVRPD. â€¢ Month, Quarter, and End of Year Reports including W2 processing. Accounts Payable: â€¢ Weekly checking or input of invoices for payment. â€¢ Includes processing and printing of checks. â€¢ Processing generates an expenditure approval listing of bills for Board approval. â€¢ All reports and invoices are returned to the EVRPD for retention. â€¢ Monthly reconciliation of checks for Accounts Payable and Payroll on the mainframe. Cash Receipts: â€¢ InpuUchecking of daily cash receipts. â€¢ Record cash of deposits to checking accounts. General Accounting: â€¢ Set-up new year's budget files per EVRPD requirements. â€¢ InpuUcheck budget input for new fiscal year, monitor amendments throughout the year. â€¢ Open new account numbers with EVRPD budget numbers. â€¢ InpuUcheck closing entries to books, including rollover of previous years balances to new fiscal year. â€¢ Input/checking of adjusting journal entries including verifying cash balances. â€¢ Creation of basic query reports as needed. â€¢ Monthly and Year End reports: General Ledger, Trial Balances, Revenue and Expense reports for financial statements. â€¢ Printing of 1099 forms at end of year. Computer Mainframe: â€¢ Responsible for software and hardware upgrades to the mainframe to comply with IRS etc. rules and regulations and to stay current with technology. â€¢ The Town is the primary contact with the software companies regarding any problems or questions related to the EVRPD modules. â€¢ Any modifications or additional services requested will be billed on an hourly basis and reimbursed for charges from HTE or IBM. Community, Development Depadment Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: March 27,2003 Subject: Fort Morgan Colony Amended Plat Background. This is an application Â»/ to consolidate five (5) portions of Lots w -\*\ , 1 0 26, 27, and 28, of Fort Morgan Colony Addition, into three (3) lots to _ C 1,1 owling alley. be known as Lot 26A, Lot 27A, and Lot 28A. The original lots have been -~ -5/-- pa: E:k...i::25:. i... f r= splintered over time - most likely to :#- accommodate the building locations. 1-3 \1/ This plat will consolidate the various -- parcels into lots appropriate for the existing land use and development, ' This plat will also vacate and dedicate X 1*<a 'St. 1 rlu various utility and access easements, i i 1 74 as necessary. Budget. N/A Action. Staff recommends APPROVAL of the proposed Amended Plat of Lots 26,27, and 28 of Fort Morgan Colony Addition CONDITONAL TO correcting the name of the property owners in the dedication statement. 61 Town of Estes Park Communit+De*elbAT,bnt-De#afthiantÂ« Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner 11 and Bob Joseph, Director Date: April 4,2002 Subject: Supplemental (Final) Condominium Map for Park River West, Phase VI11 Background. Richard H. Wille Trust has submitted a supplemental condominium map application for Park River West Phase Vlll. Phase Vlll consists of two units, Units 634 and 636, Building 12, located on Lot 2, Park River West Subdivision. The site is adjacent to River Rock Condominiums on Moraine Avenue (CO Highway 36). Lots 1 and 2 of the Park River West Subdivision are zoned "RM" multi-family residential. The condominium map is consistent with the approved development plan with the exception of the proposed finished floor elevations. Location Map The Town Board approved the <C 3-llc Supplemental Condominium Map for 1 liE 1 Park River West Phase VII at the 44- - February 11, 2003 meeting. NE River Rockleondominium i Budget _~~~da: Ridg - ' . 1/ None. . < Action. Approval of the Supplemental , ' Park RiverWe 1 Condominium Map for Park River ~,-' West Phase Vlll with the condition that / - 1 / the condominium map and/or the / r 1 67 1 1 1 # 1 development plan is revised so the finished floor elevations are the same. This revision should be reviewed and approved by staff. Commynity -45 DevA@pment Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer Fronn: Dave Shirk, Planner Date: April 2,2003 Subject: Private Street Name Change Background. This is a \\ request from the Top of the Rockies Road Association of Fall River Estates for the ; Town to officially recognize the change of their private street from Delmar Drive to Pe~ A Fall River Court. Delmar 3> rA/t Drive is a private street, F with substandard design in ~ terms of public streets (turn radii, grade, width).This # private street is essentially 4 Ff 0\ 4 4 an extension of Fall River \ Court. This request will not change the status of the street being privately maintained. This request will ensure that all Town department - including police and fire dispatch - will be aware of the change in the name. Budget. N/A Action. Staff recommends acknowledgement of this private street name change. Town of Estes Park Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner 11 and Bob Joseph, Director Date: April 4,2003 Subject: Vista Ridge Development Plan #02-17 Landscaping Improvement Guarantee Waiver Background. This is a request for a waiver of required financial guarantee for Vista Ridge Development Plan #02-17 landscaping. This is a 61 unit development with a 50/50 mix of market rate and attainable (affordable) units. The Town Board approved the development plan on September 10, 2002. The applicant has provided an estimate of $153,703.30 for landscaping. Per EVDC Â§7.5.C.3, a guarantee equal to 115% N percent of the landscaping estimate is required prior to issuance of Vista Ridge Location Map certificates of occupancy unless the j-==~== ~=~~l}t=~5f~fJ~Ji~{i~53'~F - 11 1 1 c-/ landscaping plan has been fully implemented and inspected by staff. A copy of Rita Kurelja's letter requesting the waiver and the landscaping cost estimate is attach(acl. Â®--0,un~-'1-~us~......2<Z:z~ ~â€ž/'~~~ Budget. 31 NIG,â€¢ch..ge(Lotl,OldS,l~*Inalh~Vion) ~ The R eserve Sombrero Ranch (Rex Walker) None expected. -REÂ·1' Sngle-Family Residential "RE- Action. lu i Approval of the applicant's request to ~,#,.~,u--c - 7 /---7 Lol 1. Bldfire Ridge Addition $> tv co me.al Outly,ng I â€¢RM Mult,-Family Residential waive the landscaping improvement - Lone Ping Acres 9 Office Building guarantee. 4,7 49*Â« b 1 ~0Â» Office i Estes Park Housing Authority /4373>Wr,&rexj ~ 9*413&*MiaXMAAVJ4SJ 94;,~~Lt)23 M' -fti j. - . *- 31.719gd#512+Â· .. 14''--~~014 ~"'~~. -Â»a fÂ»~*9 March 8,2003 -3-* 2';f9'~ //-< Alison Chilcott Town ofEstes Park P.O. Box 1200 Estes Park, CO 80517 Dear Alison: The purpose of this letter is to request a waiver from the financial guarantee for the installation ofthe required landscaping at the Vista Ridge development. Providing such a guarantee at this time would prove burdensome for the Estes Park Housing Authority. The Estes Park Housing Authority is committed to adhering to all conditions ofthe development plan for Vista Ridge and ask the Community Development Committee and the Town Board consider this letter our guarantee of such conditions. If you have any questions or comments on this, please do not hesitate to call me. As always, the Estes Park Housing Authority is extremely grateful for the continued support of the Town of Estes Park and their commitment to affordable housing. 5incerely, Uxlae. Rita Kurelja, Program Manager Estes Park Housing Authority Cc: Sam Betters, Rich Ekwal e O'.O/TUNITÂ¥ (970) 577-3800 â€¢ RO. BOX 1200 â€¢ 170 MAC GREGOR AVENUE Â· ESTES PARK, CO 80517 â€¢ FAX (970) 586-0249 VISTA RIDGE ESTES PARK, COLORADO LANDSCAPING ESTIMATE Colorado Blue Spruce 8' $339.00 12 $4,068.00 6' $279.00 11 $3,069.00 Ponderosa Pine 8' $359.00 30 $10,770.00 6' $239.00 29 $6,931.00 Narrow Leaf Cottonwood $0.00 2 3/4" $399.00 5 $1,995.00 11/2" $225.00 5 $1,125.00 Patmore Ash $0.00 3" $460.00 5 $2,300.00 13/4" $229.00 5 $1,145.00 11/2" $210.00 $0.00 Bur Oak $0.00 3" $469.00 3 $1,407.00 , 13/4" $279.00 1 $279.00 11/2" $250.00 $0.00 Aspen , $0.00 3" $399.00 41 $16,359.00 11/2" $189.00 41 $7,749.00 Mountain Ash $0.00 n/a $0.00 Amur Maple $0.00 3" $459.00 15 $6,885.00 11/2" $249.00 15 $3,735.00 Radiant Cab 3" $460.00 12 $5,520.00 2 3/4" $359.00 10 $3,590.00 11/2" $239.00 10 $2,390.00 $0.00 Shrubs $19.95 674 $13,446.30 Hydro Seed $8,500.00 Drip System $7,880.00 Sprinkler System $6,560.00 Controlers, etc $6,000.00 Labor $32,000.00 $153,703.30 Es.es Par< I lousing Aut lority COOZ '8 udv C4 0 U 0 21 E '4 E 0 0 S. US To ensure a balanced and sustainable &01 Jo suos.wd JLo puu samuni.tod(to Mission Statement Estes Park Housing ate and a litates housing '31110 JU! 31 apolu puD . AA K Ta ons Pointe Financing > Grant from Colorado Division of Housing $650,000 > Tax Credits from CHFA approx $3,500,000 (Colorado Housing Financing Authority) MoooueH ullor Aq paselloind SUpeo xei Joi Â¥:IHO u,04 e6eBuo~I lueueulled uo!11!u, 9. L Mues ueol ell,OH Ieleped WOJJ 1UeJ9 000'09:$ U' OD Town of Estes Parc Donations towa rd Ta ons Pointe $ 36,750 $37,500 28 IL 'Zi;$ 000'0 L K SS3133lkld > Building Permits k Water Taps > Sewer Taps 1UeJ9 4seo 4 Bue40 Bu!UOZ 4 4211 r - 11 1 'T 1 i#- ~ '*1Â£91 + i i , 2 - -Jerilk 1 0 1 j. . Halll = U L.,1 1 0- 1 1144 1 O 'll. 2......1 2 U C\1 j.ic - '- /141 ... 1- 2 /1 11 I 1- i Ett- 1 :I_ L 4- . -. . 94- . - 1 1 - W 'Â·UNIE ~ < 7- 1 11; 1 I 14 3 4 El 111 0 '1111 - B 1 , 11% 1 1 111 1 lili .1 */ Id: 1 - -- 9/ . 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I li, 1 2 1 N #/ E -===- - Il I Ul I .... Â· 39*22-i#*1**4: /JU -Â· Â·Â·-ll=-EEHE&~4~-t<litÂ·* ' 4 1 1 .1 - I . ..#1 Â· 11 -1- *4 - *i lilli 1. 11-a 9 le - A - 9-4.-"b " 241* j + 4:1*. I m .m Â¢~11 Ill , -11-11-1 1 111 lf./4 56. 52 - 1 12,4 1 4 1 ..1:Ir.41 i .4-4 E h 1.!,1 - 0/Â· 11 . ._1 1. I . 1- ./ tÂ·1 -24~ _ : 0,1 Â· 1 .. 1201 1 -1,-3--,-I -1. 1 1 1 - -1 1 !IT- 11-#t 3.4: 4 a. i + 1- 1- T 4- Ell -il I- 11 - ID .11 1 11 - i [r - 1 ..411 â‚¬:. In i. - 1~'-I 79* ... i t -A -1- .5 631 r d.t T.W.-fL *e 1 1,4'1"" - \4'Â· lpEÂ· 4 -~ 11 1 ; r 119 =i. 9.- d AÂ¥*- 1 1 tfifl ~1 ~91'Ut - ~~ $ 1- - el-1 1-441 -'Ei-gFI 1 i 189~ 4 -1. 11 Â· 41 i i *27- t. 4. rt. - i 1 191 Â·1Â· m ..9 E 1 | 1 1- 1 I. .i - n 1 i.4 1 - 1 1.1 . *I 2,1 3[p--- I lify . 1,92.11 $ *ILM ..... --Il P.-Grl r 1 11 ~ .11~ P. 24 1 I 4 Â·+6 0 -it .1, i 1114 I'll//Fl H 1 IF I --6 -1 .11 1+I '" 4-@!11111 ~1 i i Ta ons Pointe E (C a, CD CD .m a, CD A * Sold Initially and subsequently only to households earning a maximum 80% A AMI A A A A A Town of Estes Par< Donations for Vista Ridge Water Taps for all 31 Affordable Units $ 91,760 Building Permit Fees- Phase one $ 11,017.05 uo (Pled eq 01) Pled isoo 1/ L-seed sdel JeAAes VHd3 JO Jleqeq 009'9f $ "0 Ille6png t001 pue â‚¬OOZ luoJJ lueJO 4seo sesnuog X}!suea â‚¬11,+411 F=ye, ,-_-- rIFEj-14FS!81-ImULH~-~ - - 11 1111 1 6 -2- - im' 2 2/ . .1 * 1 4 ft J - IM T1 ..1 . . 1 1.- 1 1 1 < 911 4 .. f - J- I lilip . I ... IT +11 1 - I - : 1 47 1,Â· 2 1 1, , L 1% I 1 11 1 1 IP I 1. e 2 . .4 2 2Â¥ + cit 11 1. ' 1' 1 + , 4;4 6 1& 1/il A .11. 4 T Ii,LIL =1111.1. J'-' 9 - . 71: 6 , e. 0 I 4 4. Â¢1 -2 1 11 : 1, 11 .1 1 1 . " 1 4 tÂ» -3 . Â¥ 4, - - f . 1. 11. . 21 1 f 1* 1 â€¢t :1 ' t'11 1 .1 -6 2,1 Y . 24 r r Â· t : 'it .111 .!*t -4 :4* '2~*LF '2= .... 11,1, 4.~19 " I * .CitiES.:ixillilk.t, ,-4 . Vista Ridge Perspective 11 41 111.-1 -T -1 - '+IT 0 ,- J MY O 0) rt oo O In Summary 10 Rental Units Rental Units lue360Jd 18 uolloes < selluued tv ol eouels!ss 01 eoue40 elil SlueP!SeJ LE JeJJO Il!M > Cleave Street elll04 e ase403nd > Talons Poin eBPQI els!A K ESTES PARK HOUSING AUTHORITY FINANCIAL STATEMENTS December 31, 2002 TABLE OF CONTENTS PAGE Independent Auditors' Report 1 General Purpose Financial Statements Combined Balance Sheet - All Proprietary Funds 2 Combined Statement of Revenue, Expenses and Changes in Retained Earnings - All Proprietary Funds 3 Combined Statements of Cash Flows - All Proprietary Funds 4 Notes to Financial Statements 5-10 Combining Fund Financial Statements Combining Balance Sheet - All Proprietary Funds 11 Combining Statement of Revenues, Expenses and Changes in Retained Earnings - All Proprietary Funds 12 Combing Statement of Cash Flows - All Proprietary Funds 13 Federal Financial Assistance Reports Independent Auditors' Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance 'With Government Auditing Standards 14 Independent Auditors' Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with OMB Circular A-133 15 - 16 Schedule of Findings and Questioned Costs 17 Independent Auditors' Report on Schedule ofExpenditures ofFederal Awards 18 Schedule of Expenditures of Federal Awards 19 8&C Swanhorst& Cutler LLC Certi fied Public Accountants Board of Commissioners Estes Park Housing Authority Estes Park, Colorado INDEPENDENT AUDITORS' REPORT We have audited the accompanying general purpose financial statements of the Estes Park Housing Authority as of December 31, 2002, and for the year then ended. These general purpose financial statements are the responsibility ofthe Estes Park Housing Authority's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States ofAmerica and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General ofthe United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free ofmaterial misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Estes Park Housing Authority as of December 31, 2002, and the results of its operations and cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The accompanying combining fund financial statements listed in the table of contents are presented for purposes ofadditional analysis and are not a required part ofthe general purpose financial statements ofthe Estes Park Housing Authority. Such information has been subjected to the auditing procedures applied in the audit ofthe general purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. In accordance with Government Auditing Standards,we have also issued our report dated January 29,2003, on our consideration ofthe Estes Park Housing Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part ofan audit performed in accordance with GovernmentkuditingStandards and should be read in conjunction with this report in considering the results of our audit. 9Â»141/â€¢tÂ¥ AA'/ GDO January 29,2003 8400 E. Crescent Parkway â€¢ Suite 600 â€¢ Greenwood Village, CO 80111 â€¢ (720) 528-4306 Fax: (720) 528-4307 GENERAL PURPOSE FINANCIAL STATEMENTS ESTES PARK HOUSING AUTHORITY COMBrNED BALANCE SHEET 2,3.. ./ :..1 ALL PROPRIETARY FUNDS December 31, 2002 ASSETS CURRENT ASSETS Cash 201,193 $ Accounts Receivable - Tenants 1,495 Accounts Receivable - Other 11,767 Accrued Interest 15,290 Prepaid Expenses 162 Loan Fees, Net ofAccumulated Amortization 3,437 TOTAL CURRENT ASSETS 233,344 OTHER ASSETS Restricted Cash - Tenant Security Deposits 5,036 Restricted Cash - Project Reserves 30,189 Advance to Other Funds 53,699 Notes Receivable 1,802,900 TOTAL OTHER ASSETS 1,891,824 FIXED ASSETS Property and Equipment 988,447 Less: Accumulated Depreciation (21,789) NET FIXED ASSETS 966,658 TOTAL ASSETS $ 3,091,826 LIABILITIES AND EQUITY CURRENT LIABILITIES Accounts Payable $ 10,276 Accrued Expenses 5,005 Retainage Payable 14,000 Tenant Prepaid Rent 1,050 Accrued Interest 36,593 Notes Payable - Current 710,787 Mortgage Payable - Current 5,947 TOTAL CURRENT LIABILITIES 783,658 LONG-TERM LIABILITIES Tenant Security Deposits 4,945 Advance from Other Funds 53,699 Notes Payable 1,391,755 Mortgages Payable 191,553 TOTAL LONG-TERM LIABILITIES 1,641,952 TOTAL LIABILITIES 2,425,610 FUND EQUITY Retained Earnings 666,216 TOTAL LIABILITIES AND EQUITY $ 3,091,826 The accompanying notes are an integral part of the financial statements. 2 ESTES PARK HOUSING AUTHORITY COMBINED STATEMENT OF REVENUES. EXPENSES AND CHANGES IN RETAINED EARNINGS = p: ''.'rÂ·. v ALL PROPRIETARY FUNDS Year Ended December 31, 2002 OPERATING REVENUES Rental $ 55,062 Other 1,508 TOTAL OPERATING REVENUES 56,570 OPERATING EXPENSES General and Administrative 89,835 Utilities 7,958 Maintenance and Operations 5,017 Development 43,070 Depreciation and Amortization 12,621 TOTAL OPERATING EXPENSES 158,501 INCOME (LOSS) FROM OPERATIONS (101,931) NON-OPERATING REVENUES (EXPENSES) Interest Income 52,240 Grants and Donations Revenue 267,490 Gain on Sale ofAssets 153,896 Interest Expense (49,659) NET NON-OPERATING REVENUES (EXPENSES) 423,967 NET INCOME (LOSS) 322,036 RETAINED EARNINGS, Beginning 344,180 RETAINED EARNINGS, Ending $ 666,216 The accompanying notes are an integral part of the financial statements. 3 ESTES PARK HOUSING AUTHORITY COMBINED STATEMENT OF CASH FLOWS ALL PROPRIETARY FUNDS "-Â· 11. i... -1 Year Ended December 31,2002 Increase (Decrease) in Cash CASH FLOWS FROM OPERATING ACTIVITIES Cash Received from Tenants and Others $ 53,161 Cash Payments to Employees and Suppliers (146,565) Net Cash Provided (Used) by Operating Activities (93,404) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Purchases of Property and Equipment (498,123) Sale ofProperty and Equipment 153,896 Advance to Other Funds (53,699) Payments on Notes Receivable (1,809,556) Proceeds From Notes and Mortgages 2,352,542 Principal Payments on Notes and Mortgages (255,583) Interest Payments on Notes and Mortgages (19,976) Net Cash Provided (Used) by Capital and Related Financing Activities (130,499) CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIES Grant and Donation Proceeds 267,490 Net Cash Provided by Non-Capital Financing Activities 267,490 CASH FLOWS FROM INVESTING ACTIVITIES Interest Income 36,950 NET INCREASE (DECREASE) IN CASH 80,537 CASH, Beginning 155,881 CASH, Ending $ 236,418 RECONCILIATION OF INCOME (LOSS) FROM OPERATIONS TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES Income (Loss) from Operations $ (101,931) Adjustments to Reconcile Income (Loss) from Operations to Net Cash Provided (Used) by Operating Activities Depreciation and Amortization 12,621 Changes in Assets and Liabilities Accounts Receivable (5,134) Prepaid Expenses (5) Accounts Payable (2,956) Accrued Expenses 2,276 Tenant Prepaid Rent 1,040 Tenant Security Deposits 685 Net Cash Provided (Used) by Operating Activities $ (93,404) The accompanying notes are an integral part of the financial statements. 4 ESTES PARK HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS December 31,2002 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - The financial statements of the Estes Park Housing Authority (the Authority) have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant ofthe Authority's accounts and policies are described below. Reporting Entity In accordance with governmental accounting standards, the Authority has considered the possibility of inclusion of additional entities in its financial statements. The definition ofthe reporting entity is based primarily on financial accountability. The Authority is financially accountable for organizations that make up its legal entity. It is also financially accountable for legally separate organizations ifAuthority officials appoint a voting majority ofthe organization's governing body and either it is able to impose its will on that organization or there is a potential for benefits to, or to impose specific financial burdens on the Authority. The Authority may also be financially accountable for governmental organizations that are fiscally dependent upon it. Based on the application of this criteria the Authority does not include additional organizations within its reporting entity. Fund Accounting The Authority uses funds to report on its financial position and its cash flows. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain government functions or activities. A fund is a separate accounting entity with a self-balancing set of accounts. The funds in this report are all classified as proprietary types. Proprietary funds are used to account for activities similar to those found inthe private sector, where the determination ofnet income is necessary or useful to sound financial administration. Goods or services from such activities can be provided either to outside parties or to other departments within the Authority. Basis of Accounting Basis of accounting refers to when revenues and expenditures/expenses are recognized in the accounts and reported in the financial statements. The accounting and financial reporting treatment applied to a fund is determined by its measurement focus. The proprietary fund is accounted for on a flow of economic resources measurement focus. With this measurement focus, all assets and allliabilities associated with the operation ofthese funds are included on the balance sheet. Proprietary fund-type operating statements present increases (e.g., revenues) and decreases (e.g. expenses) in net total assets. 5 , ESTES PARK HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS December 31,2002 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of Accounting (Continued) The accrual basis ofaccounting is utilized bythe proprietary fund type. Underthis method, revenues are recorded when earned and expenses are recorded at the time liabilities are incurred. The Authority has elected not to apply Financial Accounting Standards Board (FASB) statements and interpretations issued after November 30, 1989. Budgets and Budgetary Accounting The Authority prepares annual budgets for management purposes. However, because the Authority is not legally required to budget its activities, no budgetary statements are presented in the financial statements. Encumbrances Encumbrance accounting is not utilized. Cash and Investments Cash and cash equivalents include amounts in bank deposit accounts and investments with an original maturity of three months or less. Investments are recorded at fair value. Accounts Receivable Accounts receivable are expended as bad debts at the time they are determined to be uncollectible. Prepaid Expenses Payments made to vendors for services which will benefit subsequent periods are recorded as prepaid items. Property and Equipment Property and equipment are recorded at cost or at estimated cost where no historical records exist. Contributed assets are valued at estimated fair market value on the date received. Depreciation of assets is computed using the straight-line method over the estimated useful lives of the assets. The Authority capitalizes all assets with a cost of $2,000 or greater, and a useful life ofone year or more. The following estimated useful lives are used to compute depreciation. Buildings 27.5 years Equipment 5 - 15 years Interest is capitalized during the construction phase. 6 ESTES PARK HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS December 31, 2002 NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Interfund Receivables/Payables During the course of operations, transactions may occur between individual funds for goods provided or services rendered. These receivables and payables are classified as "due from other funds" or "due to other funds" on the balance sheet because they are short-term in nature. Noncurrent portions of interfund loan receivables and payables are reported as advances. Risk Management The Authority is exposed to various risks of loss related to torts; theft of, damage to, and destruction ofassets; errors and omissions; injuries to employees; and natural disasters. The Authority carries commercial insurance for these risks of loss. NOTE 2: CASH AND INVESTMENTS Cash $ 201,193 Tenant Security Deposits 5,036 Project Reserves 30,189 Total Cash Deposits $ 236.418 Cash Deposits The Colorado Public Deposit Protection Act (PDPA), requires that all units of local government deposit cash in eligible public depositories. Eligibility is determined by state regulations. Amounts on deposit in excess of federal insurance levels must be collateralized by eligible collateral determined by the PDPA. The institution is allowed to create a single collateral pool for all public funds held. The pool is to be maintained by another institution or held in trust for all the uninsured public deposits as a group. The market value ofthe collateral must be at least equal to 102% ofthe uninsured deposits. Deposits are categorized to give an indication ofrisk assumed by the Authority atthe end ofthe year. Category 1 includes deposits that are insured, Categoo 2 includes collateralized deposits with securities held by the pledging institution's trust department or agent in the Authority's name, and Category 3 includes uncollateralized, uninsured deposits. At December 31, 2002, the Authority's deposits had a carrying balance of $236,418 and a corresponding bank balance as follows: Bank Balance Insured (Category 1) $ 100,000 Collateralized in Single Institution Pool(s) (Category 2) 136,418 Total Cash Deposits $ 236,418 7 , ESTES PARK HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS December 31,2002 NOTE 3: RESTRICTED CASH Restricted cash is maintained for the Cleave Street property, as follows. Security Deposits $ 5,036 Project Reserves 30.189 Total $ 35.225 NOTE 4: NOTES RECEIVABLE During 2002, the Authority approved three loans, totaling $903,896, to Dry Gulch LLLP to finance the development and construction of a low-income housing project. Payments on the loans will be made within thirty days after the end of each year to the extent of excess cash flows from the project, or when alternate financing is obtained. Interest accrues on the loans at annual rates ranging from 5.23% to 5.46%. No payments have been made on the notes as of December 31,2002. During 2002, the Authority approved loans to Estes Investors, LLC to finance infrastructure and development of a low-income housing project, known as Wildfire Ridge. The balance of the outstanding loans at December 31, 2002 was $899,004. Interest at 6.5% is compounded annually. The loans will be repaid from the proceeds of permanent financing. NOTE 5: FIXED ASSETS Following is a summary of proprietary fund-type fixed assets at December 31,2002. Dry Gulch Management Cleave Street Lot 4 Total Land $ - $ 75,000 $ 278,012 $ 353,012 Buildings and Improvements - 344,262 - 344,262 Equipment 2,743 - - 2,743 Construction in Progress - - 288.430 288.430 Total 2,743 419,262 566,442 988,447 Less: Accumulated Depreciation 46 21.743 - 21.789 Net Fixed Assets $ 2,697 $ 397,519 $ 566.442 $ 966.658 8 ESTES PARK HOUSING AUTHORITY . NOTES TO FINANCIAL STATEMENTS December 31,2002 NOTE 6: LONG TERM DEBT (Continued) Following is a summary of long-term debt for the year ended December 31,2002: - Balance Balance 1/1/02 Additions Payments 12/31/02 Note Payable - Bank of Colorado $ - $ 960,787 $ 250,000 $ 710,787 Note Payable - DOLA - 900,000 - 900,000 Note Payable - DOLA - 391,755 - 391,755 Note Payable - Larimer Home Improvement Program - 100,000 - 100,000 Mortgage Payable 203.083 - 5.583 197.500 Total $ 203,083 $ 2.352.542 $ 255.583 $ 2.300,042 Note Payable - Bank of Colorado. This note was obtained to provide short-term financing for the Wildfire Ridge housing project. The note bears interest at 6.5% per annum and matures on March 1,2003. The note is secured by land and buildings. Note Payable - Colorado Department ofLocal Affairs, Division ofHousing. This note secures grant funding for the Wildfire Ridge apartments and Talons Point homeownership housing projects. The note will be partially released as each homeownership unit is sold. Repayment ofthe grant will be deferred until the successful completion of the projects, or June 30,2006, whichever event occurs first. At the successful completion of the projects, the grant will not be required to be repaid. Note Payable - Colorado Department ofLocal Affairs, Division ofHousing. The Authority obtained this loan for $603,030 to develop the Wildfire Ridge housing project. As ofDecember30,2002, the Authority had borrowed a total of $391,755 under the loan. The loan accrues interest at 5% per annum, which is payable quarterly. The loan is due and payable in full on June 30,2006. As each of the homeownership units is sold, proceeds of the sale will be used to repay the loan. Note Payable - Larimer Home Improvement Program. This loan was obtained to aid in development and construction of the Dry Gulch Lot 4 projects. Interest accrues at 3% per annum, and is due annually from the date offirst disbursement. Principal and accrued interest is due in full in August, 2007. Mortgage Payable. The Authority has obtained a mortgage loan to finance the Cleave Street project. Monthly payments in the amount of $1,524, including principal and interest, are required under the loan. The mortgage loan bears interest at 6.25% and matures in March, 2021. 9 r- ESTES PARK HOUSING AUTHORITY NOTES TO FINANCIAL STATEMENTS - December 31,2002 NOTE 6: LONG TERM DEBT (Continued) Future Debt Service Requirements Annual debt service requirements for long-term debt at December 31, 2002 are as follows: Year Ended December 31. Principal Interest Total 2003 $ 716,734 $ 139,633 $ 856,367 2004 6,300 139,279 145,579 2005 6,746 138,834 145,580 2006 1,298,941 86,042 1,384,983 2007 107,655 13,635 121,290 Thereafter 163,666 78,691 242.357 Total Debt Service Requirements $ 2,300,042 $ 596,114 $ 2.896.156 NOTE 7: COMMITMENTS AND CONTINGENCIES Management Agreement -- The Authority has a management agreement with the Housing Authority of the City of Loveland for contracted services. Under the terms of this agreement, the Authority contracts for salaries, benefits, maintenance, supplies, etc. The contracted services have been classified as functional expenses for better reporting purposes. Claims and Judgements -- The Authority participates in federal programs that are fully or partially funded by grants received from other governmental units. Expenses financed by grants are subject to audit by the appropriate grantor government. If expenses are disallowed due to noncompliance with grant program regulations, the Authority may be required to reimburse the grantor government. As of December 31, 2002, significant amounts of grant expenses have not been audited but the Authority believes that subsequent audits will not have a material effect on the overall financial position ofthe Authority. NOTE 8: DEVELOPMENT PROJECTS The Authority is a partner in two development projects that will provide low-income housing in the Estes Park area. The Authority has obtained financing and grants for a portion ofthe costs ofthese projects and has loaned these funds to Dry Gulch LLLP and Estes Investors, LLC. These loans are discussed in Note 4. The Housing Authority of the City of Loveland has signed development agreements with these entities to assist in obtaining financing, coordinating the projects, supervising the construction, and providing accounting and other administrative services. 10 COMBINING FUND FINANCIAL STATEMENTS ESTES PARK HOUSING AUTHORITY COMBINING BALANCE SHEET *4 )- . .. ALL PROPRIETARY FUNDS ,. .. .-- _ . December 31, 2002 DRY MANAGEMENT CLEAVE GULCH FUND STREET LOT 4 TOTAL ASSETS CURRENT ASSETS Cash 3,041 S - $ 201,193 $ 198,152 $ Accounts Receivable - Tenants - - 1,495 - 1,495 Accounts Receivable - Other 6,656 5,111 - 11,767 Accrued Interest 15,290 - - 15,290 Prepaid Expenses - 162 - 162 Loan Fees, Net of Accumulated Amortization - 3,437 - 3,437 TOTAL CURRENT ASSETS 220,098 13,246 - 233,344 OTHER ASSETS Restricted Cash - Tenant Security Deposits - 5,036 - 5,036 Restricted Cash - Project Reserves - 30,189 - 30,189 Advance to Other Funds 53,699 - - 53,699 Notes Receivable 1,802,900 - - 1,802,900 TOTAL OTHER ASSETS 1,856,599 35,225 - 1,891,824 FIXED ASSETS Property and Equipment 2,743 419,262 566,442 988,447 Less: Accumulated Depreciation (46) (21,743) - (21,789) NET FIXED ASSETS 2,697 397,519 566,442 966,658 TOTAL ASSETS $ 2,079,394 $ 445,990 $ 566,442 $ 3,091,826 LIABILITIES AND EQUITY CURRENT LIABILITIES Accounts Payable $ 8,069 $ 2,207 $ -$ 10,276 Accrued Expenses 4,862 65 78 5,005 Retainage Payable - - 14,000 14,000 Tenant Prepaid Rent - 1,050 - 1,050 Accrued Interest 29,683 6,910 36,593 Notes Payable - Current 710,787 - - 710,787 Mortgage Payable - Current - 5,947 - 5,947 TOTAL CURRENT LIABILITIES 753,401 9,269 20,988 783,658 LONG-TERM LIABILITIES Tenant Security Deposits - 4,945 - 4,945 Advance from Other Funds - - 53,699 53,699 Notes Payable 900,000 - 491,755 1,391,755 Mortgages Payable - 191,553 - 191,553 TOTAL LONG-TERM LIABILITIES 900,000 196,498 545,454 1,641,952 TOTAL LIABILITIES 1,653,401 205,767 566,442 2,425,610 FUND EQUITY Retained Earnings 425,993 240,223 - 666,216 TOTAL LIABILITIES AND EQUITY $ 2,079,394 $ 445,990 S 566,442 $ 3,091,826 See the accompanying independent auditors' report. 11 ESTES PARK HOUSING AUTHORITY COMBINING STATEMENT OF REVENUES. EXPENSES AND CHANGES IN RETAINED EARNNGS -ALL PROPRIETARY FUNDS Year Ended December 31, 2002 DRY MANAGEMENT CLEAVE GULCH FUND STREET LOT 4 TOTAL OPERATING REVENUES Rental $ .$ 55,062 $ - $ 55,062 Other - 1,508 - 1,508 TOTAL OPERATING REVENUES - 56,570 - 56,570 OPERATING EXPENSES General and Administrative 77,800 12,035 - 89,835 Utilities - 7,958 - 7,958 Maintenance and Operations - 5,017 - 5,017 Development 43,070 - - 43,070 Depreciation and Amortization 46 12,575 - 12,621 TOTAL OPERATING EXPENSES 120,916 37,585 - 158,501 INCOME (LOSS) FROM OPERATIONS (120,916) 18,985 - (101,931) NON-OPERATING REVENUES (EXPENSES) Interest Income 52,240 - - 52,240 Grants and Donations Revenue 267,490 - - 267,490 Gain on Sale of Assets 153,896 - 153,896 Interest Expense (36,951) (12,708) - (49,659) NET NON-OPERATING REVENUES (EXPENSES) 436,675 (12,708) - 423,967 NET INCOME (LOSS) 315,759 6,277 - 322,036 RETAINED EARNINGS, Beginning 110,234 233,946 - 344,180 RETAINED EARNINGS, Ending $ 425,993 $ 240,223 $ - $ 666,216 See the accompanying independent auditors' report. 12 ESTES PARK HOUSING AUTHORITY .. COMBINING STATEMENT OF CASH FLOWS ALI, PROPRIETARY FUNDS Year Ended December 31,2002 Increase (Decrease) in Cash DRY MANAGEMENT CLEAVE GULCH FUND STREET LOT4 TOTAL CASH FLOWS FROM OPERATING ACTIVITIES Cash Received from Tenants and Others $ - $ 53,161 $ - $ 53,161 Cash Payments to Employees and Suppliers (123,822) (22,743) - 046,565) Net Cash Provided (Used) by Operating Activities (123,822) 30,418 - (93,404) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Purchases ofProperty and Equipment (2,743) (3,625) 091,755) (498,123) Sale of Property and Equipment 153,896 - - 153,896 Advance to Other Funds (53,699) - - (53,699) Payments on Notes Receivable 0,809,556) - - 0,809,556) Proceeds From Notes and Mortgages 1,860,787 - 491,755 2,352,542 Principal Payments on Notes and Mortgages (250,000) (5,583) - (255,583) Interest Payments on Notes and Mortgages (7,268) (12,708) - (19,976) Net Cash Provided (Used) by Capital and Related Financing Activities (108,583) (21,916) - (130,499) CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIES Grant and Donation Proceeds 267,490 - - 267,490 Net Cash Provided by Non-Capital Financing Activities 267,490 - - 267,490 CASH FLOWS FROM INVESTING ACTIVITIES Interest Income 36,950 - - 36,950 NET INCREASE (DECREASE) IN CASH 72,035 8,502 - 80,537 CASH, Beginning 126,117 29,764 - 155,881 CASH, Ending $ 198,152 $ 38,266 $ - $ 236,418 RECONCILIATION OF INCOME (LOSS) FROM OPERATIONS TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES Income (Loss) from Operations $ (120,916) $ 18,985 $ - $ (101,931) Adjustments to Reconcile Income (Loss) from Operations to Net Cash Provided (Used) by Operating Activities Depreciation and Amortization 46 12,575 - 12,621 Changes in Assets and Liabilities Accounts Receivable - (5,134) - (5,134) Prepaid Expenses . (5) - (5) Accounts Payable (5,163) 2,207 - (2,956) Accrued Expenses 2,211 65 - 2,276 Tenant Prepaid Rent - 1,040 - 1,040 Tenant Security Deposits - 685 685 Net Cash Provided (Used) by Operating Activities $ (123,822) $ 30,418 $ - $ (93,404) See the accompanying independent auditors' report. 13 FEDERAL FINANCIAL ASSISTANCE REPORTS . 8&C Swanhorst & Cutler LLC Certified Public Accountants Board of Commissioners Estes Park Housing Authority Estes Park, Colorado INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS We have audited the general purpose financial statements ofthe Estes Park Housing Authority, as ofand for the year ended December 31,2002, and have issued our report thereon dated January 29,2003. We conducted our audit in accordance with auditing standards generally accepted in the United States ofAmerica and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Estes Park Housing Authority's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Estes Park Housing Authority's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more ofthe internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use ofthe Board of Commissioners, management, and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. ~Ua,â€¢40*+1 AZA. l,k, January 29,2003 8400 E. Crescent Parkway â€¢ Suite 600 â€¢ Greenwood Village, CO 80111 â€¢ (720) 528-4306 Fax: (720) 528-4307 GI~cr.4 Swanhorst & Cutler LLC 0, U Certified Public Accountants Board of Commissioners Estes Park Housing Authority Estes Park, Colorado INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO EACH MAJOR PROGRAM AND INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 Compliance We have audited the compliance ofthe Estes Park Housing Authority with the types of compliance requirements described inthe U. S. Ojfice of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended December 31,2002. The Estes Park Housing Authority's major federal programs are identified in the summary ofauditors' results section ofthe accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the Estes Park Housing Authority's management. Our responsibility is to express an opinion on the Estes Park Housing Authority's compliance based on our audit. We conducted our audit ofcompliance in accordance with auditing standards generally accepted in the United States ofAmerica; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General ofthe United States; and OMB Circular A-133, Audits of States, Local Governments, and Non- Profit Organizations. Those standards and OMB Circular A-133 require thatwe plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types ofcompliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the Estes Park Housing Authority's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the Estes Park Housing Authority's compliance with those requirements. In our opinion, the Estes Park Housing Authority complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended December 31, 2002. Internal Control Over Compliance The management of the Estes Park Housing Authority is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants applicable to federal programs. In planning and performing our audit, we considered the Estes Park Housing Authority's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. 8400 E. Crescent Parkway â€¢ Suite 600 â€¢ Greenwood Village, CO 80111 â€¢ (720) 528-4306 Fax: (720) 528-4307 Our consideration ofthe internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of p one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course ofperforming their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. This report is intended solely for the information and use ofthe Board of Commissioners, management, and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. 9*8.lwo i OgA,1 606 January 29,2003 16 ESTES PARK HOUSING AUTHORITY SCHEDULE OF FINDINGS AND OUESTIONED COSTS December 31,2002 Summary of Auditors' Results Financial Statements Type ofauditors' report issued: unqualified Internal control over financial reporting: â€¢ Material weaknesses identified? yes x no â€¢ Reportable conditions identified that are not considered to be material weaknesses? ves x none reported Noncompliance material to financial statements noted? yes x no Federal Awards Internal control over major programs: â€¢ Material weaknesses identified? yes x no â€¢ Reportable conditions identified that are not considered to be material weaknesses? Yes x none reported Type of auditor's report issued on compliance for major programs: unqualified Any audit findings disclosed that are required to be reported in accordance with section 510(a) of Circular A-133? yes x no Identification ofmajor program: 14.218 Community Development Block Grant Dollar threshold used to distinguish between type A and type B programs: $300,000 Auditee qualified as low-risk auditee? yes x no Findings Related to Financial Statements The audit of the financial statements did not disclose any reportable conditions in internal controls that would be considered a material weakness, and did not disclose any instances ofnoncompliance with requirements of certain provisions of laws, regulations, and grants that were material to those financial statements. Findings and Questioned Costs for Federal Awards The audit of federal awards did not disclose any reportable conditions in internal controls that would be considered a material weakness, and did not disclose any instances of noncompliance with requirements of certain provisions of laws, regulations, and grants that were material to those federal awards. 17 . I 8&C Swanhorst & Cutler LLC Certified Public Accountants Board ofCommissioners Estes Park Housing Authority Estes Park, Colorado INDEPENDENT AUDITORS' REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS We have audited the general purpose financial statements ofthe Estes Park Housing Authority, as of and for the year ended December 31, 2002, and have issued our report thereon dated January 29,2003. These general purpose financial statements are the responsibility ofEstes Park Housing Authority's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States ofAmerica, GovernmentkuditingStandards, issued bythe Comptroller General ofthe United States, and the provisions ofOffice of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements of the Estes Park Housing Authority, taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis and is not a required part ofthe general purpose financial statements. The information in that schedule has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. *2,44'1 6.â‚¬Av &60 January 29,2003 8400 E. Crescent Parkway â€¢ Suite 600 â€¢ Greenwood Village, CO 80111 â€¢ (720) 528-4306 Fax: (720) 528-4307 HOUSING AUTHORITY OF ESTES PARK SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS Year Ended December 31, 2002 Accrued or Accrued or (Deferred) (Deferred) CFDA Revenue Revenue Federal Grantor Number Beginning Receipts Disbursements Ending U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Passed through Colorado Department of Local Affairs, Division ofHousing Community Development Block Grant 14.218 $ - $ 900,000 $ 900,000 $ See the accompanying independent auditors' report. 19 U . 8&C Swanhorst & Cutler LLC Certified Public Accountanth January 28,2003 To the Board of Commissioners Estes Park Housing Authority Estes Park, Colorado We have audited the general purpose financial statements of the Estes Park Housing Authority for the year ended December 31,2002, and have issued our report thereon dated January 29,2003. Professional standards require that we provide you with the following information related to our audit. Our Responsibility under Generally Accepted Auditing Standards As stated in our engagement letter, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance about whether the general purpose financial statements are free of material misstatement. Because ofthe concept of reasonable assurance and because we did not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud and defalcations, may exist and not be detected by us. As part of our audit, we considered the internal control of the Authority. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Significant Accounting Policies Management has the responsibility for selection and use ofappropriate accounting policies. In accordance with the terms ofourengagement letter, we will advise management about the appropriateness ofaccounting policies and their application. The significant accounting policies used by Authority are described in Note 1 to the general purpose financial statements. We noted no transactions entered into by the Authority during the yearthat were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. Significant Audit Adjustments For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the general purpose financial statements that, in our judgment, may not have been detected except through our auditing procedures. These adjustments may include those proposed by us but not recorded by the Authority that could potentially cause future financial statements to be materially misstated, even though we have concluded that such adjustments are not material to the current financial statements. We proposed no audit adjustments that could, in ourjudgment, either individuallyor inthe aggregate, have asignificant effect onthe Authority's financial reporting process. 8400 E. Crescent Parkway â€¢ Suite 600 â€¢ Greenwood Village, CO 80111 â€¢ (720) 528-4306 Fax: (720) 528-4307 , , , U}isagreements with Management . For purposes of this letter, professional standards define a disagreement with management as a matter, whether or =Pr. - 13'r: liot resolved'to our satisfaction, concerning a financial accounting,.reportingpor. auditing matter that could be significant to the general purpose financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit. Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. Ifa consultation involves application of an accounting principle to the Authority's financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Authority's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in performing our audit. Conclusion We would like to thank Sharlet Lee and Carla Conrardy for their assistance and cooperation during the audit. This information is intended solely for the use of the Board of Commissioners and management of the Estes Park Housing Authority and is not intended to be and should not be used by anyone other than these specified parties. Very truly yours, QuaKed â‚¬ 6Â« 66-0 Swanhorst & Cutler LLC 2