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Home My WebLink AboutPACKET Town Board 2004-06-22Prepared 06/15/04 724/g,/F- The Mission of the Town of Estes Park le to plan and provide reliable, hi0h-value services for our citizens, visitors, and employees. We take dreat pride eneurinG and enhancinâ‚¬ the quality of life in our community by Deir,0 0ood stewarde of public reeources and natural eettine -6/ESNED>' BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 22,2004 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 8,2004. 2. Bills. 3. Committee Minutes: A. Utilities, June 10, 2004: 1. Design/Construction Management Scope of Services for Upper Broadview & Devil's Gulch Water Line, Cornerstone Engineering, $9,664.00. B. Public Works, June 17, 2004: 1. Sidewalk Repair, $14,500 2. Drinking Fountain Project, $15,000. 4. Estes Valley Board of Adjustment, June 1,2004 (acknowledgement only). 5. Estes Valley Planning Commission, June 15, 2004 (acknowledgement only). 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. PLANNING COMMISSION CONSENT ITEMS: 1. AMENDED PLATS. 1 Continued on reverse side A. Amended Plat of the east and west halves of Lot 24, and the east and west halves of Lot 25, Block 9, Country Club Manor Addition, Ravit & Monte Michener/Applicants. 2. SUBDIVISION PLATS. A. Sixth Green Estates Subdivision, Portion of Lot 9, S. St. Vrain Addition, Robert Dekker/Applicant. 3. FINAL CONDOMINIUM MAPS. A. Lofts at Estes Condominiums, Supplemental Condominium Map #4, Portion of Lot 30, and 39' of Lot 29, Riverside Subdivision, SRG Properties, LLC/Applicant. B. Solitude Condominiums, Supplemental Condominium Map #1, Lot 1, Solitude Subdivisionr-Fish Creek Properties, LLC/Applicant. 4. SPECIAL REVIEWS. A. Special Review #04-01, Horse Drawn Carriage Concession, Downtown Estes Park, Tom Jones/Applicant. 2. PLANNING COMMISSION ACTION ITEMS: Mayor Baudek: Open the Public Hearing (A). The formal public hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 1. SPECIAL REVIEWS. A. Special Review #02-01, Rocky Mountain Church, Extension of Vesting Period, Lot 1, Mary's Lake Subdivision, Rocky Mountain Church/Applicant. 2. SUBDIVISION & REZONING. A. Bighorn at Spruce Subdivision, a Portion of Lots 22 & 12, Block 10, 2nd Amended Plat of the Town of Estes Park, David & Susan Habecker/Applicant. 2. ACTION ITEMS: 1. PUBLIC HEARING: NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY HIMALCHULI CORP. dba NEPAL'S CAFE 184 E. ELKHORN AVE., UNIT H. A. Mayor - Open Public Hearing B. Town Clerk - Present Application C. Applicant - Introduction & comment D. Opposition/Rebuttal/Correspondence - If any E. Mayor - Questions/Close Public Hearing F. "Finding" comments & Motion to Approve/Deny. 2. RESOLUTION #9-04 - 2004 BUDGET SUPPLEMENT. Finance Officer Brandjord. 3. TOWN ADMINISTRATOR'S REPORT. 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, June 8,2004 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 8th day of June, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Chuck Levine Bill Pinkham Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Lori Jeffrey-Clark and Wayne Newsom, Trustees Mayor Baudek called the meeting to order at 7:00 p.m. and all recited the Pledge Of Allegiance. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee comments were heard on the recent Granby Incident-deliberate destruction of businesses caused by one individual, liability, insurance coverage, and emergency disaster recovery plan. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 25,2004. 2. Bills. 3. Committee Minutes: A. Public Safety, May 27,2004: B. Community Development, June 3,2004: Special Events Dept.: 1. 2004 Celebrate Estes Event, December 4,2004. Convention Visitors Bureau: 1. Stakeholder Fees - See Action Item #3 below. 2. 2005 Vacation Planner - See Action Item #3 below. 4. Estes Park Housing Authority, May 5,2004 (acknowledgment only). It was moved and seconded (Doylen/Habecker) the consent agenda be approved, and it passed unanimously. Board of Trustees - June 8,2004 - Page 2 2. ACTION ITEMS: 1. ORDINANCE #3-04 - CROSS-CONNECTION CONTROL PROGRAM. Public Works Dir. Linnane briefed the Trustees on new EPA requirements concerning "backflow prevention" and the subsequent ordinance adding Chapter 26 Cross- Connections. The Public Works Committee had previously reviewed the EPA regulations; and the Program was budgeted during the budget process. The Ordinance includes any irrigation system, and it includes a variance procedure. The variance procedure will be added to the Policy Manual. Discussion followed on the potential ramifications of the testing component, changes in service, customer expense, enforcement, potential hazardous waste situations, and staff time. Responses were heard from Cross-Connection Specialist Holbeck and Water Supt. Boles. The variance was included as certain properties may not be subject to the regulations. Staff will make this determination, and standards could be written as the Program is initiated. Clerk O'Connor read a portion of the Ordinance. Citing a protest to the EPA Regulation as it imposes considerably excessive expense on citizens, it was moved and seconded (Habecker/Pinkham) Ordinance #3-04 be approved; the approval included a Letter of Protest being written to the EPA. The motion passed unanimously. 2. MacGREGOR AVE. TRAIL - ADDITIONAL PARKING SPACES - REQUEST APPROVAL OF BUDGET EXPENDITURE. Public Works Dir. Linnane reported that, as requested by the Public Works Committee, he has researched converting existing parallel spaces along MacGregor Ave. to diagonal parking. With the assistance of Community Development and Cornerstone Engineering, the number of spaces could be increased by 42 if the current parking is reconfigured. Total cost of the additional 42 spaces is approximately $210,000-this equates to $5,250/parking space, and the design industry utilizes an estimated cost of $10,000/space. East side parking would contain 44 spaces and an additional 40 spaces could be installed. The west side now contains 36 spaces; with restriping, 2 additional spaces could be provided. As this item was not budgeted, funding consideration is being requested from the fund balance of the General Fund and Community Reinvestment. Further construction on the trail and sidewalk was delayed pending a decision on this expenditure. Additionally, the Fish Hatchery renovation project could be delayed until 2005. Ass't. Town Administrator Repola commented in favor of the expenditure, advising that in the near future, he will be requesting additional funding for other projects that are also unplanned. Trustee Doylen requested funding from the General Fund. It was moved and seconded (Habecker/Levine) the budget expenditure of $210,000 from the General Fund for the parking spaces as outlined above be approved, and it passed unanimously. 3. ESTES PARK CONVENTION VISITORS BUREAU. CVB Dir. Pickering presented background information on the following items presented at the Community Development Committee: A. Stakeholder Fee Schedule - Request Approval. The Community Development Committee has recommended the fee schedule be approved. Discussion followed on the "voluntary program" as it relates to in-Town and out-of-Town businesses; the economic program is "new" money and it does not reduce/offset the General Fund. Audience comments were heard from Deeva Boleman/Chamber Director who requested and received clarification that all fees generated by the CVB will remain with the CVB. It was moved and seconded (Pinkham/Doylen) the Board of Trustees - June 8,2004 - Page 3 Stakeholder Fee Schedule be approved, and it passed unanimously. B. 2005 Vacation Planner - Report Update. Time is of the essence on producing the "lure piece", and based upon the Chamber's not forwarding a definitive response to the CVB's request, production is now underway for the 2005 Vacation Planner. Funding is budgeted for this project. Chamber Dir. Boleman expressed her objection to the statement concerning "no definitive response from the Chamber", adding that Mgr. Marsh had advised that the Town's 800 number was exclusive and not negotiable. 4. PUBLIC HEARING: NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY HIMALCHULI CORP., dba NEPAL'S CAFE, 184 E. ELKHORN AVE., UNIT H. Acting upon the Applicant's request, it was moved and seconded (Doylen/Habecker) the public hearing was continued to June 22,2004, and it passed unanimously. 5. TOWN ADMINISTRATOR'S REPORT. A. Building Remodeling Projects: The Municipal Building is on-schedule;, and completion is expected the end of July. The Air Conditioning Project should be completed June 30th; and the Museum is on-schedule, with completion scheduled 6/25. B. EPURA Resignation. Administrator Widmer read a letter of resignation dated June 2, 2004 submitted by Richard S. Putney, Chairman/EPURA. The effective date is June 10, 2004. Having served 12 years on the Board, Mr. Putney will be missed. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 8:10 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 10, 2004 Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 10th day of June, 2004. Committee: Chairman Jeffrey-Clark, Trustees Newsom and Pinkham Attending: Trustee Pinkham Also Attending: Town Administrator Widmer, Public Works Dir. Linnane, Ass't. to the Dir. Mangelsen, Clerk O'Connor Absent: Chairman Jeffrey-Clark, Trustee Newsom Trustee Pinkham called the meeting to order at 8:00 a.m. WATER DEPARTMENT. 2004 Water Line Replacement Projects (Upper Broadview and Devil's Gulch Road) - Request Approval. Public Works Dir. Linnane outlined the scope of services for the replacement of the Upper Broadview and Devil's Gulch water lines. Both lines are summer lines being used fulltime and they are scheduled for replacement due to maintenance issues for the number of residences served. The Devil's Gulch line will be replaced with a 1" service line as it serves only one residence. The Broadview line will remain as a water main. Cornerstone Engineering submitted a cost of $9,664, and it includes design/bid work and construction management. Following discussion, the Committee recommends approval of the Scope of Services submitted by Cornerstone Engineering in the amount of $9,664. REPORTS. Liaht and Power: 1. Monthly Financial Report and Graphs. Director Linnane thoroughly reviewed financial data and graphs. In summary, assuming revenues/expenses remain as projected, the fund balance deficit will be eliminated by the end of 2005. On one graph, staff will compare costs/revenues and percentage changes thereof. 2. Rate System/Options Available to Customers. Dir. Linnane provided responses to questions concerning the difference between residential rate categories, and rate selection. A Rate Study is in progress by Black & Veatch Consultants, financial plans for each department was completed in 2003, and this year, a Rate Study for Light and Power will be completed. 3. MacGregor Ave. Underground Conductor Project. Charter Communication is scheduled to remove their lines this week, and PRPA will be installing underground fiber also this week. Scheduled outages are planned and power poles could be removed next week. 4. Fiber Optics Project. This project is from the Estes Substation to south of the Loveland Substation (20 miles longi), and budgeted at $600,000. However, cost will be reduced due to the participation of multiple agencies. This is a late fall project. 5. Christmas Decoration Project. Anticipate report for presentation during budget preparation. Water: 1. Monthly Financial Report - Thoroughly reviewed the report, and revenues are well ahead of financial plan projections. RECORD OF PROCEEDINGS Utilities Committee - June 10, 2004 - Page 2 2. Northern Colorado Water Conservancy District (NCWCD) Snowpack and Streamflow Comparisons. As of May 1, 2004, Colorado's statewide snowpack is below average, the Upper Colorado River is 50% of average, and the South Platte Tributaries are 67% of average. Given no additional precipitation+ through the summer of 2005, and due to planned purchases in the NCWCD "Prepay Collateral Policy", Estes Park has an adequate Windy Gap water supply through 2005. 3. Water Dept. Raw Water Supply. 414 ac. ft. of CBT surplus water is projected year-end. 232 ac. ft. will be designated as Windy Gap prepay collateral water for 2005. 4. Fall River Water Tank Project. The Committee may review bids for this project in September (tentative schedule). 5. Painted traffic signal lights. The signal light at the corner of Riverside/Elkhorn was repainted, and staff intends to repaint one signal/year. The cost was $8,000. 6. Water fountain planned for Bond Park. To eliminate freezing, a new freeze-proof fountain and 5' buried service line is being planned for use in Bond Park. Following completion of all agenda items, Trustee Pinkham adjourned the meeting at 9:06 a.m. Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 17, 2004 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 171' day of June, 2004. Committee: Chairman Habecker, Trustees Jeffrey-Clark and Levine Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Const. Mgr. Sievers, Ofc. Mgr. Button, and Deputy Clerk van Deutekom Absent None Chairman Habecker called the meeting to order at 8:00 a.m. SIDEWALK REPAIR PROJECT - APPROVAL REQUEST. Director Linnane briefed the Committee on the creation of the Department's Trail/Sidewalk Inspection Program that was developed to monitor the Town's trails and sidewalks. Utilizing this inspection program, potential problem areas are identified and prioritized for corrective action. Ofc. Mgr. Button presented maps of the inspected areas and a listing of the sidewalk inspection record database that has been created to track the status of the repairs. A follow-up walkthrough was completed in early June. As a result, the following areas were identified as requiring immediate attention: 1) The south side of Elkhorn Ave. from Ed's Cantina west to the Dairy Queen; and the north side of Elkhorn from the Egg & I west to the Municipal Building. This will involve replacing multiple pieces of concrete, several tree boxes, and 4 cottonwood trees. 2) The pedestrian ramp at the northwest corner of the Hwy. 34 and Hwy. 36 intersection. 3) Repair and redesign of the pavers and concrete at the southwest corner of the Wheel Bar building. The following bids were received for this project: Johnson Flatwork Inc. $13,600 Mike's Tree Service $ 900 $14,500 As of the end of May, the account balance in the Street Department Repair and Maintenance fund is $98,000. Areas discussed include paver grinding, curb repair, the decision to replace Cottonwood trees with Ash trees, and the life expectancy of the trails/sidewalks. Concluding all discussion, the Committee recommends approval of Items 1-3 above at a cost of $14,500. BOND PARK DRINKING FOUNTAIN PROJECT - APPROVAL REQUEST. Director Linnane noted that the current galvanized steel service line to the Bond Park drinking fountain ruptured last Fall at the water main connection on the opposite side of Elkhorn Ave. The service line could not be salvaged and the fountain was taken out of service and removed. Staff researched replacement of the fountain with a freeze-resistant system, involving a relocated connection at the MacGregor Ave. water main, a new 5-ft. buried service line, RECORD OF PROCEEDINGS Public Works Committee - June 17, 2004 - Page 2 and a freeze-resistant model fountain (utilizing compressed air). This system could provide a fountain that would be operational at least nine months of the year and be the Town's first and only freeze resistant drinking fountain. The cost estimate for these items and the power supply for a compressor is $15,000. In addition to a new fountain service, the Parks Dept. will obtain a new connection to one of two irrigation zones at Bond Park, replacing an existing galvanized steel connection. This project was not included in the budget process; therefore, the project cost of $15,000 will be absorbed by the Department's fund balance. The Committee recommends approval of the Bond Park Drinking Fountain Project at a cost of $15,000 to be funded as outlined above. Staff will research a dual- fountain option to accommodate children. REPORTS. Miscellaneous Projects. 1) MacGregor Ave. Trail Proiect - staff anticipates substantial project completion by July 4th. Stripping of the parking spaces will not be completed until mid-July. 2) Fish Creek and Fall River Trails - discussions are on-going with CDOT to begin neighborhood meetings. Staff anticipates beginning the project this Fall with completion in Spring 2005. 3) Municipal Building Proiect - the project is proceeding on schedule and within budget. The projected completion date is July 23rd 4) Old Man Mountain Culvert Proiect - the project has been completed. The culvert capacity has been doubled. 5) Misc. - 1) the Municipal Parking Lot slurry seal has been completed. 2) the chip seal program will begin June 21St; the streets involved include Blue Spruce, Cedar Cir., Cherokee Ct., Fall River Ct., Far View Dr., Lake Front St., Landers St., Lott St., Vista Ln., Ute Ln., Community Dr., Devon Dr., Scott Ave., Baldpate Ct., and Sharon Ct. N&S. 3) Annexation RFP's for proposed services from previously contacted commercial properties are anticipated in July. Adoption of the Annexation Ordinance will most likely occur in February 2005. 4) the downtown beautification deadline is July 4~ All flower beds will be planted prior to the deadline. There being no further business, Chairman Habecker adjourned the meeting at 8:50 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 1,2004, 8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Bill Horton, Members Chuck Levine, Wayne Newsom, Al Sager, and Cliff Dill Attending: Chair Horton, Members Dill, Levine, and Sager Also Attending: Town Attorney White and Recording Secretary Williamson Absent: Member Newsom, Director Joseph, Planner Chilcott Chair Horton called the meeting to order at 8:00 a.m. The following minutes refiect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA a. The minutes of the May 4,2004 meeting. 2. PORTION OF SE 1/4 OF THE SE y. OF SECTION 27, T5N, R73W, APPLICANT: JAMES & EUNICE DOCTER - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. This item was continued from the March 2,2004 meeting. Planner Shirk reviewed the staff report for the updated proposal. The applicants are requesting an eastern side yard setback of 20.4 feet in lieu of the 25 feet required, and a western side yard setback of 20.8 feet in lieu of the 25 feet required. The purpose of the variance requests is to build a single-family dwelling, for which the lot is zoned. This lot was created in 1963, and has been deemed a legal lot under guidelines set forth in the Estes Valley Development Code. A 10 foot right-of-way exists from the northwest property corner to Tanager Lane. The applicant proposes to keep the existing garage, and build a new structure attached to the garage. At 75 feet wide, the property is narrow for the "E-1" zoning district, which has a minimum lot width of 100 feet. In addition, at .26 acres, the lot is sub-sized for the "E-1" zoning district, which has a minimum lot size of 1 acre. A conforming house could be built on the lot. The proposed structure is larger than others in the neighborhood. Planner Shirk stated the access for the property will be off of Tanager Lane on an existing private driveway. He discussed the turning radius for a car pulling out of the existing garage. In order to alleviate encroachment onto the northern property, staff is suggesting an access easement be placed on the property to the west which is owned by the applicants. Lonnie Sheldon of Van Horn Engineering was present to represent the applicants. He stated the applicants obtained an attorney to determine the best legal access for the property. It was determined that Tanager Lane would be the preferred access. The applicants have worked with an architect to make the house as narrow as possible reducing the footprint of the home, keeping the eastern side yard variance as minimal as possible by reducing the width of the home, and centering the home on the lot to equitably distribute the density. The house is set north to attach it to the existing garage and to preserve the current view corridors. Mr. Sheldon reviewed the shortcomings of the lot due to "E-1" zoning designation, i.e. lot width, size, setbacks. He feels it is important to recognize the magnitude of these shortcomings versus the magnitude of the requested variances. Board Member Sager stated there is nothing that requires a certain size home be built. The applicants are requesting to build a relatively large home on a relatively small lot. Jim Docter, 515 Grand Estates Drive, stated that a typical home with a hallway down the center needs to be 28 to 29 feet wide. He believes it would be difficult to fit a house in a 26 foot wide footprint. He stated the proposed 20.4 foot setback would place the proposed home 114 feet from the neighboring property; therefore the requested variance is negligible. He does not feel this home is larger than homes in the area. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 June 1, 2004 Public Comment: Janice Lee, 741 Laurel Lane, spoke in opposition to the eastern variance request. She stated the applicants have agreed there could be beneficial use of the lot without a setback variance. Board Member Levine asked if the current zoning was in place when the applicants purchased the property. Mr. Sheldon stated the applicants were aware of the "E-1" zoning when they purchased the property. Board Member Sager questioned if the applicants have considered moving the house to the west to meet the eastern setback. Mr. Sheldon stated they have considered moving the house to the west; however the applicants would prefer to center the house to create the appearance of less density. Moving the house to the west would crowd the 2 homes together making the neighborhood appear denser; and therefore, negatively impacting the neighborhood. Mr. Docter stated they bought the property with the understanding they might be able to change the setbacks to make it a better neighborhood. He feels it is reasonable to request the proposed variances to maintain the spacing in the neighborhood. Board Member Dill stated the applicants purchased the lot with the knowledge of the required setbacks. Kris O'Neall, 702 Tanager Lane, would like the Board to consider the tum around area to the south on their own property as presented by staff. Harlan Lindberg, 685 Laurel Lane, spoke in opposition of the proposed variance request. He feels this is a neighborhood of summer residences; and, therefore this home is too large. It was moved and seconded (Sager/Levine) to deny a four foot eight inch (4'8") variance from the twenty-five foot (25) eastern side yard setback to build a single-family dwelling twenty feet four inches (20'4") from the eastern side yard setback and the motion passed unanimously with one absent. It was moved and seconded (Sager/Levine) to approve a five foot (5) variance to build a single-family dwelling twenty feet (20) from the twenty-five foot (25) western side yard setback and a ten foot (10) variance to build an entrance porch/deck fifteen feet (15) from the twenty-five foot (25) western side yard setback and the motion passed with one absent. Those voting "Yes" Levine, Horton and Sager. Those voting "No" Dill. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. This shall verify all foundation corners comply with the approved site plan. 2. Recordation of the proposed access and utility easement prior to issuance of the building permit. This access easement shall demonstrate ability for a vehicle to turn around without encroaching on other properties. 3. REPORTS None. There being no further business, Chair Horton adjourned the meeting at 9:09 a.m. Bill Horton, Chair Jacquelyn Williamson, Recording Secretary RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 15,2004,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Homeier, Commissioners Wendell Amos, Judy Haggard, George Hix, Bill Horton, Joyce Kitchen, and Edward Pohl Attending: Chair Homeier, Commissioners Amos, Haggard, Hix, Kitchen and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott and Recording Secretary Williamson. Town Board Liaison Habecker present at the study session. Absent: Commissioner Horton Chair Homeier called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated May 18, 2004. It was moved and seconded (Amos/Pohl) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. PUBLIC COMMENT None. 3. ESTES VALLEY DEVELOPMENT CODE CHANGES Public Comment: River Setbacks Ross Stephens of Cornerstone Engineering stated the current river setback does not allow a hot tub in the setback. Planning staff considers a hot tub a structure. He feels a hot tub is portable and should not be considered a structure. Many properties along the river corridors would like to take advantage of the aesthetics by placing hot tubs or picnic tables near the river. He pointed out there have been exceptions made for concrete trails placed near the river within the river setback. Director Joseph questioned the definition of a hot tub. Mr. Stephens suggested the code could define the size of a hot tub which could be permitted within the river setbacks. Chair Homeier agreed with Mr. Stephens suggestion; and stated it is important to allow individuals to take advantage of the aesthetics the river corridor provides. Mr. Stephens feels the setback requirements are a safety issue for the floodplain along the river corridors. Director Joseph does not feel it is a safety issue, rather an issue of aesthetics and the protection of the natural environment. Commissioner Amos suggested the code should either be amended to allow the hot tubs in the river setbacks or they could be approved through a variance request. Landscaping Mr. Stephens stated Cornerstone Engineering has many projects that are done in phases; and as units are completed, including the landscaping, a certificate of occupancy has been issued. He asked if a development plan was to be built in phases would the entire landscaping plan need to be implemented before obtaining the certificate of occupancy for the completed phase. Director Joseph advised that a certificate of occupancy is issued for phasing of a development plan if an improvement guarantee is in place for the improvements. Mr. Stephens suggested the landscaping plan be guaranteed and completed with each phase of the project. Director Joseph stated phasing has been allowed and could be added to the code. RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 June 15,2004 Accommodation Zoning Linda Schneider with Prudential Team Realty, asked if changes are planned for the accommodation zoning district regarding length of stay for condominiums. Director Joseph stated they are considering changing the code to allow short term rental in the single-family residential zoning districts as a principal use. Currently it is allowed as an accessory use. He stated staff has discussed changes to the use chart for the 'A" zoning district to clarify prohibition of single-family, duplex or triplex units as a use by right. Staff feels this is a potential problem that needs to be addressed. Item 1 Â·- Setbacks, Item 2 - Minor Modifications, Item 3 - Separate Lot Determinations It was moved and seconded (Amos/Kitchen) to recommend acceptance to the Town Board of Trustees and the Board of County Commissioners Block 7 Item 1 - Setbacks, Item 2 - Minor Modifications, Item 3 - Separate Lot Determinations to the Estes Valley Development Code and it passed unanimously with one absent. Item 4 - Landscaping Planner Shirk discussed the code changes. He stated landscaping would be required based on the area developed instead of considering the entire lot. Director Joseph stated the language regarding berms could be improved. He also feels graphic 7.1 could be improved clarifying that undeveloped and undisturbed areas require no buffer planting. Planner Shirk stated fences in residential developments would be finished on all sides that are visible from off-site. Commissioner Kitchen questioned the language in the code which states a chain link fence shall not be used for screening or buffering purposes. Director Joseph suggested the intent of the code was to prevent unsightly building materials to be used as a buffer. Commissioner Pohl asked if the code specifies where chain link fences can and can not be used. Director Joseph stated that he did not believe chain link fences were allowed in any zoning district. Commissioner Kitchen believes there are certain circumstance in which chain link fencing should be allowed for security and safety purposes. Ross Stephens sees a need for chain link fencing; and stated the fencing could be screened with plantings. Planner Chilcott feels the entire section is contradictory and may need to be revisited. Director Joseph suggested the code limit the use of chain link fencing in the commerical outlying district; and if unslightly materials are used they should be buffered with plantings. Commissioner Kitchen agreed. Commissioner Amos would like staff to review the entire code regarding chain link fences and report back to the Commission. He believed chain link fences were not allowed. Planning staff will review the code in regards to chain link fencing and come back to the Planning Commission with suggested changes next month. It was moved and seconded (Amos/Hix) to allow staff to make the suggested changes to Item 4 - Landscaping to the Estes Valley Development Code and place it on next month's consent agenda with chain link fencing standards as an action item and it passed unanimously with one absent. 4. REPORTS Town Attorney White reported that the Board of County Commissioners approved the fire district service plan. No exclusions were granted. There being no further business, meeting was adjourned at 2:50 p.m. Richard Homeier, Chair Jacquelyn Williamson, Recording Secretary Town of Estes Park Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: June 17, 2004 Subject: Amended Plat of the East and West Halves of Lot 24, and the East and West Halves of Lot 25, Block 9, Country Club Manor Addition Background. The applicants, Ravit and Monte Michener, have submitted an amended plat application to clean up and record ownership information for the northern four lots created by the plat of Prospect Terraces Vacation Homes. This includes dedication of utility easements. The lots are addressed 459,461,499, and 501 Birch Avenue. Planning Commission recommended approval of the amended plat at their May 18, 2004 meeting. All Planning Commission recommended conditions of approval that were required to be satisfied prior to Town Board review have been satisfied. Budget. At the April 13, 2004 Town Board meeting, Town Board approved payment of costs incurred through April 1, 2004 for plat preparation and submittal. This totals $1,953.75. Action. Approval of the amended plat with -F 11 H lili lilli-\~9%32<2 the conditions recommended by l~ - , 11114.iru mmve#0Â£ prospect Planning Commission and the 1 Ave. r . 2-0 -17 condition that the mylar be ~ 1 -==:1:**481 â‚¬41 1 2 .ZE 1 - It 4.*/4 n \ 1 recorded in final plat form. 3112@**3 Qi lar -10 â€¢RM" --1 r ZE .R" - -- Zoning - ZZ Zoning -- ~ r ~ 1 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: June 17, 2004 Subject: Sixth Green Estates Preliminary Subdivision Plat Background. The applicant, Bob Dekker, has submitted this preliminary subdivision plat to subdivide a two acre, "E" Estate zoned parcel into three single-family residential lots and a 0.25 acre outlot for access and utilities. The address is 1380 South Saint Vrain Avenue (Colorado Highway 7). Two of the proposed residential lots are approximately one half acre in size and the third lot is approximately three quarters of an acre. The Planning Commission recommended conditional approval of the preliminary plat at their May 18, 2004 meeting. All conditions of approval recommended by Planning Commission that were required to be satisfied prior to Town Board review have been satisfied. The dedication statement and signature blocks were added to the plat after Planning Commission review. This new information will be reviewed with the final plat submittal. I 1 11 / Budget. Golf Course / "CO" None. E~ "RM" Action. --- -sf-aA" 3,1210 Holiday Ln. ~ < 1224 Holiday Ln. k i Approval of the preliminary plat / - with the conditions ~ ~* *[~8~ 1240 Holiday Ln. UE" recommended by Planning - a ~ 1380 S. Saint Vrain Av . Commission except compliance - "Eâ€¢ 0 with Scott Dorman's email dated 1 -M l 470 s. Saint vrain Ave. April 12, 2004 will not be j 140 . S in 4-Oil- i Av. required if the conditions listed l in Scott Dorman's June 16, ) 2004 letter are satisfied. 1 Approval of this plat does not include approval of the dedication statement and signature blocks. Town of Estes Park Community Development Depadment Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: June 17, 2004 Subject: The Lofts at Estes Condominiums, Supplemental Condominium Map #4, Portion of Lot 30, and 39' of Lot 29, Riverside Subdivision Background. The applicant, Estes Park Surveyors and Engineers, has submitted a supplemental condominium map application for the owner, SRG Properties, Inc., for The Lofts at Estes Condominiums Supplemental Condominium Map #4. This consists of one unit, Unit 7, addressed 150 East Riverside Drive. The lot is zoned "CD" Downtown Commercial and the use is accommodations. Supplemental map #3 was approved by the Town Board at the March 9, 2004 meeting. The applicant should discuss business licenses for individually owned condominium units with the Town Clerk's Office and the applicant should notify future owners of condominium units of business licensing requirements. N Budget. ~\,Location Map for 150 East Riverside Drive None. Action. 17.~A Approval of The Lofts at Estes ~tallitj,~SM~d 1-*Â£,gllglaidd Condominiums Supplemental Condominium ~ East Elldiorn Ave,me Map #4. LIZE Rockwell I - 1 1 Af 150 East Riverside DAve ~ ~~ Moraille Avenue Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: June 17, 2004 Subject: Solitude I Condominiums, Supplemental Condominium Map #1, Lot 1, Solitude Subdivision Background. The applicant, Fish Creek Properties, LLC., has submitted a supplemental condominium map application for Solitude I Condominiums. This consists of two units, Units 1 and 5 on Lot 1, Solitude Subdivision, addressed 1890 Sketch Box Lane. The lot is zoned "A" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. This map and declaration does not reserve the right to develop additional units beyond those approved with Development Plan No. 02-14, expand units, or withdraw property from the association. An as-built plan is required once construction of improvements is compieted. Development Plan No. 02-14 has been approved for ten resort lodge/cabins on this lot. This condominium map is consistent with the approved development plan with the exception of revisions to deck design. The Town Board approved a final condominium map for the first two units /3=Ze on this lot at the March 9,2004 Town Board meeting. 9Â«Â«1Â« The applicant should discuss business licenses for *, 9:F ~~ i Â»cra individually owned condominium units with the Town Clerks I ~ _. -7 Office and the applicant should notify future owners of / / 7 rS\TE condominium units of business licensing requirements. f.&~i= C X # 1 1- ~ Budget None. a Action. 1199-===1 VICINITY MAP Approval of Solitude I Condominiums Supplemental Condominium Map #1 conditioned on revision of the vicinity map to include a scale of no more than 1"= 2,000'. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: June 22,2004 Subject: Horse Drawn Carriage Ride Special Review Background. This is a Special Review proposal for horse-drawn carriage rides within the Town of Estes Park. Services are to include wedding transportation, other special events, and carriage rides along a fixed route. Normal hours of operation for the fixed route will be from noon until 9:00 PM daily. The proposed route is one that has been approved by the Town on prior occasions (see attached map). The limited route of operation will be as follows: â€¢ Drop-off and pick-up locations are proposed to be limited to the Stanley Hotel, the Transit Center, and Tregent Park. St. Bartholomew's has provided a letter of intent to allow Mr. Jones to use their parking lot after wedding ceremonies. â€¢ The travel route will begin at the Stanley Hotel traveling south down McGregor Avenue to Bond Park. â€¢ The route will continue west on Elkhorn Avenue to Tregent Park where it will end. The carriage will turn around in the Tregent Park parking lot and return along the previously traveled route returning to the Stanley Hotel. Budget. N/A Action. At their regularly scheduled May 18, 2004meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of Special Review 04-01 to allow horse drawn carriage rides CONDITIONAL TO: 1. Applicant shall obtain a business permit from the Town Clerk. Prior to issuance of business permit, Applicant shall: a. Provide a copy of a Certificate of Insurance for $1,000,000 to the Town, wRh the Town to be named as an additional insured. b. Obtain written permission from property owners for specified stops on private property, including the Stanley Hotel, St. Bartholomew Chruch, and Our Lady of the Mountains Catholic Church. c. Submit a revised site plan incorporating the following: â€¢ Signature block: APPROVAL: Approved by the Town of Estes Park Board of Trustees this day of ,2004. John Baudek, Mayor â€¢ Any future additions or revisions to the routes or stops to be approved by Town Staff. â€¢ No signage shall be allowed on public property. â€¢ If traffic conflicts or other use conflicts occur on the streets or at the public stop locations, Town Staff is authorized to restrict operations until the problem is corrected. This is intended to account for accidents, parade routes, periods of heavy traffic, or other instances of traffic hazards or congestion. â€¢ All horses shall be diapered during times of service. â€¢ Horses shall wear a rubber overlay shoe. â€¢ Public Drop-off shall be limited to Transit Center and Tregent Park. 2. A copy of the business license and Special Review permit shall kept with the camage. â€¢Page 2 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: June 17, 2004 Subject: Rocky Mountain Church Development Plan/Special Review #02-01, Lot 1, Mary's Lake Subdivision Background. This is a development plan/special review application #02-01 for the Rocky Mountain Evangelical Free Church. The property is located at the junction of Mary's Lake Road and Kiowa Drive and is zoned "A" Accommodations/Highway Corridor. Religious assemblies are permitted by special review in this district. The Town Board voted to recommend conditional approval of the development plan/ special review on May 14, 2002 and granted a one year time extension on June 10, 2003. The applicant's plans have not changed since this approval; however, construction has not begun and per Estes Valley Development Code Â§3.5.C.1, failure of an applicant to apply for a building permit and commence construction or operation with regard to the special review use approval within one (1) year of receiving approval of the special review use shall automatically render the decision null and void. LOCATION MAP Since the Town's prior approval is now . . kip,ho Mi,do- Subdlsion null and void, the Church has requested a new approval of the plans. 2 ' 4, The applicant is not proposing M $ kke Rd (CR 87 , 7 ~ .42Â« revisions to the development plan. 1 -Ct 1. Marrl L.k. , 61*Â¥FÂ®,Subdh,1*~r ,~ Subdivilsion Budget. 1 1 None. CO State Highwa~7 ~ Action. --,k / 1 Approval of the development plan/special ~ 10,~, Ridge Subdiv-on 11 A / Tv I 7/1 review #02-01 with the conditions recommended by the Planning Commission on April 16, 2002. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: June 22,2004 Subject: Bighorn at Spruce Subdivision/Rezoning Request Background. This is a request for a rezoning and minor subdivision for property . 9-41 1 - - located at the southwest i.~#i- = ' /5\va corner of Big Horn and V 11 -1 1- Spruce. The rezoning request is to rezone the property from "RM" Multi- 1Â»~ Family to " r-1" Residential. - 10.944-p l 1 ~----/ The subdivision request is to divide the single lot into three, _~ c I / h_ Cleave St. to allow an additional two -4 i 1 1 17 f single-family dwellings to be 0 built. W. Elkhorn Ave 2- I l l 111 lin 11111i1iiii 1 rT This subdivision proposal would provide for three houses, all accessing from the existing drive, which would be paved. A concrete sidewalk would be provided around the perimeter, and this would include a new concrete curb system. All utility mains are in place, though new service lines would need to be installed, and an existing water service line relocated. The proposal includes building envelopes that exceed the required front yard setbacks, and Will preserve several trees on the site. Drainage will be controlled with a pair of berms, one located at the northwest corner and one located at the southeast corner. Budget. NA Action. At their regularly scheduled April 20, 2004 meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of the requested Bighom at Spruce Subdivision and Rezoning CONDITIONAL TO: 1. The plat shall not be placed on the Town Board agenda until a cost estimate for all required improvements has been approved by Public Works. 2. All required improvements (including but not limited to final construction plans, utility installation and relocates, drainage improvements, sidewalk and curbing, driveway paving and crosspan, vegetation restoration, driveway and stormwater maintenance agreement, as-built plans, monumentation, warranty) shall be guaranteed with an improvement guarantee and letter of credit prior to recording of the plat. 3. Compliance with memo from Public Works to Dave Shirk dated April 1, 2004 (except note 4). 4. A shared service agreement shall be established for Lots 1 and 3 prior to sanitary sewer service to Lot 3. 5. A licensed engineer shall stamp the stormwater management plan. (Please note: conditions 1 and 5 have been satisfied, condition 2 is in process, condition 3 will be addressed with building permits, and condition 4 is at the request of the Estes Park Sanitation District, and will be addressed prior to issuance of a building permit.) â€¢Page 2 Town Cle,Ws Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer Chief Building Official Birchfield From: Vickie O'Connor, Town Clerk Date: June 18, 2004 Subject: New Liquor License Application Background. Standard procedure in processing a new liquor license application is requesting a "statement of zoning" from the Building Official. The statement confirms the zoning district allows a liquor-licensed operation. Due to pending building permits, Chief Birchfield had requested denial of the liquor license. To allow an opportunity for the Applicant to correct all pending issues with the Building Department, the public hearing for consideration of the liquor license was continued from June 8th to June 22nd Official Birchfield has confirmed that he is scheduled for a site inspection at 4:00 p.m. on Monday, June 21St. If, by the public hearing June 22nd, all building permit issues are resolved, standard approval is appropriate. However, if the building permit issues are not resolved, I would suggest approving the license with the condition that the Town Clerk's Office hold the application until all building permit issues have been resolved. This action is similar to plats with unresolved matters-the plats are approved and the Town Clerk's Office suspends recordation of the plat until released by Community Development. Note: standard procedure is that items are continued once and then either heard or withdrawn. In my absence, Rebecca will confirm the status of the application during the public hearing. June 18, 2004 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Himalchu!i Corp., dba NEPAL'S CAFE, for a New Hotel & Restaurant Liquor License located at 184 E. Elkhorn Ave., Unit H. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: [3 The application was filed May 3,2004. 0 At a meeting of the Board of Trustees on May 11, 2004, the public hearing was set for 7:00 p.m. on Tuesday, June 8,2004 and continued to June 22,2004. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles. 0 The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Corporation. m The property is zoned C-D which allows this type of business as a permitted use. 0 The notice of hearing was published on May 28,2004 m The premises was posted on Mav 27,2004 0 There is a police report with regard to the investigation of the applicant. 3 Status of T.I.P.S. Training: 14 Unscheduled Scheduled Completed (Date: ) E] There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. 0 The applicant will be allowed to state his case and present any evidence he wishes to support his application. 4. OPPONENTS. 0 The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. m The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. 0 Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. E Indicate that all evidence presented will be accepted as part of the record. C] Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Il Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 3/ 1 - f. i, by -c TOWN OF ESTES PARK + 0 / Ef _ Police Department 44.14 y -- r.*.-1 1 49 1.*re.... /4 *h- $2~*.UP{ , 7 1 . 3 4 1.2 ny ,Â·.Â· ,-5 7-32Â¢.192--4-41-Â£0*#RE?'kÂ·f~-j~423t . .5.n~ Â· 00* 4.217>& 7 ..2-0Â» f xs 5 9%,2:34 44* G .11.296#&%+ Â¥1$32 '11;4* F. *H:'. I .-It- I- :A~f/1439,$5 / .Usili.(:id#77&*LII, 1 -' 2 .2 ''3 /:. '.E~.: .. ' .'4%/. .:-: .. --- 1. -- 1-- - L K.-4..... 0.7 . *Ar,Â·..Â·rcipT - G- May 18, 2004 Rebecca van Deutekom, Deputy Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Nepal's Caf6 Hotel & Restaurant Shrestha, Hem K. DOB: 01/26/47 Dear Ms. Van Deutekom: A check of the Estes Park Police Department local records on the above-named person and business was conducted. This check revealed no activity reported within the town limits during the past year. Sincerely, -1 â€žÂ»Uk 1->UjU)U&/VV\ Lowell Richardrn Chief of Police, Estes Park Police Department '9-0 386--1-4,3 â€¢ RO. BOX 1287 0 EST[% P\RK, CO 2,0317 â€¢ FAX (970; 386-4496 DR 8404 (06/02) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION ~ NEW LICENSE O TRANSFER OF OWNERSHIP m LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BUCK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) Â· LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAINACOPY OFTHECOLORADO LIQUOR AND BEER CODE(Call 303Â·321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is appiying as a . Individual EICorporation ..,.Â·. 3 1.'.. ,Â·1. 1 - -: Umited Uability Company ~r O Partnership (includes Umited Liability and Husband and Wife Partnerships) -[3 Association or Other 2. Name of Applicant(s) If partner** list partners' names (at least two); if corporation, name of corporation Fein Number M49*06=v-li 90~Ga-pe*=-14Â·6er- 3#L,1*106u); C.erloor'=tio.Â» -31- 3-+00~4-0 60 2a.Trade Name of Establishment (DBA) State Sales Tax ~-0~ Business Telephone Nepalls A K. L41-6as 940 63 1964 0 3. Address of Premises (specify exact ~tation of premises) /1 -L /1- 1 84 E (5-LK /Â·urn A-,v ot 0// /71 tti r County , State ZIP Code bstes Pa rk L a r 1 Mer- (23 â‚¬ 05-11- I 4. Mailing Address (Number and Street)poe>- 161 6 City or Town '44 State ZIP Code 9-nil W.4 JVâ‚¬. E stet papk 4-0 - gO5/7. 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date No LIAB SEC11O,1 A Nonrefundable APPLICATON FEES UAB SECTION D UQUOR UCENSE FEES ) C] Application Fee for New License .............................900.00 1940 CJ Retail Liquor Store License (city) ......................... $227.50 1 JK[ Application Fee-New License Concurrent Review..1000.00 1940 D Retail Liquor Store Ucense (county) ..................... 312.50 2310 E Application Fee for Transfer of Ownership............... 900.00 1950 m Liquor Licensed Drugstore (dty) ........................... 227.50 SECTION S Â· 3.2% BEER UCENSE FEES 1950 2 Liquor Licensed Drugstore (county) ..................... 312.50 2121 O Retail 3.2% Beer On Premises - (city) ...................... $96.25 Â·1960 E Beer & Wine Ucense (city) ................................... 351.25 2121 0 Retail 3.2% Beer On Premises - (county) ................. 117.50 -1960 0 Beer & Wine License (county) .............................. 436.25 2122 0 Retail 3.2% Beer Off Premises - (city) ........................ 96.25 1970 E}H & R License~ity o county ............................. 50Q.00 2122 0 Retail 3.2% Beer Off Premises - (county) ................. 117.50 1980 OH & R License w/opt Prem o city o county .......... 500.00 2123 E Retail 3.2% Beer OrVOff Premises - (city) .................. 96.25 1990 m Club License [] city El county ............................... 308.75 2123 C] Retail 3.2% Beer On/Off Premises - (county) ........... 117.50 2010 0 Tavern License 0 city El county ............................ 500.00 2020 2 Arts License Il city Il county .............................. 308.75 SECTION C RELATED FEES AND PERMITS 2030 2 Racetrack License 0 city 0 county ....................... 500.00 1985-100 (999)2 Addition of related Facility Permits to existing 2040 O Optional Premises License m city Il county ......... 500.00 Resort Complex license 1905 0 Retail Gaming Tavem Lic o city O county ............ 500.00 $50.00 x Total Fee 2210-100 (999) 0 Retail Warehouse Storage Permit ...................$100.00 1975 O Brew-Pub License 750.00 2220-100 (999) 8 Addition of Optional Premises to existing hotel/restaurant 1985 0 Resort Complex License ....................................... 500.00 $75.00 x Total Fee Â· 1 141 Â· ( O H/R-Tavem Manager's Registration................. $75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY | UABILITY INFORMATION | License issued Through ~ County City Industry Type License Account Number Uability Date (Expiration Date) FROM TO I State City County Managers Reg ---750 (999) 2180-100 (999) 2190-100 (999) -750 (999) C- Fund Now LicÂ«- C~h Fund Tran,9, Uc,r- 2300-100 2310-100 TOTAL (999) (999) DR 8404 (06/02) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- holders or directors it a corporation) or manager under the age of twenty-one years? 7. Has the applicant (induding any of the partners, H a partnership; members or manager if a limited liability company; or officers, stockholders ordirectors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? (b) had an alcoholic beverage license suspended or revoked? 0 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? '01 If you answered yes to 724 b or c, explain in detail on a separate sheet. 4:... 2. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If -yes; explain in detail. 02 8b. Has a 32 beer license for the premises to be licensed been denied within the preceding one year? if Yes; explain in detail. 00 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of . , O ~ Colorado law, or the principal campus of any college, university or seminary? 1 10. Has a liquor or beer license ever been issued to the applicant (induding any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? N yes, identify the name of the business and list any 0 0 current financial interest in said business including any loans to or from a ticensee., 1~,(A'iwaÂ».i- R!261-cia.-a..4- 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premi#Â¢s for at least 1 year from the date that 00 this license will be issued by virtue of ownership, lease or other arrangement? D Ownership 4%4 Lease O Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landtor,1 Tenant Expires ,-1 - (brhÂ» MeMa Kdl Welâ€¢A- k Â§ Artdtop- C -1 - 200 F Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits ~1 and what each room shall be utilized for in this business. This diagram should be no larger than 8 1,20 X 11: (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST MO Â«2_ Attach copies of ali notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of . this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. -WIZI , . n in A Number of separate Optional Premises areas rerl:,Asted-4-4991 - _ tk /pA 14. Liquor Ucensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Ucensed Drug Store have a license issued by the Colorado Board of 7, f ' Â·:. Yes No Pharmacy? COPY MUST BE ATTACHED. 09 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely tor a national, social, fraternal, patriotic, political or athletic purpose and >4 0 454 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 0,3 operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?. (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a dub? (Three years required) 16. Brew-Pub Ucense Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 00 (Copy of notice or application must be attached) 17a. Name of Manager 4 (34,1 k- S nrest#Ou (If this is an application for a Hotel, Date of Birth Restaurant or Tavem License, the manager must also submit an Individual History Record (DR 8404-1). L -20 -49- 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. pÂ» 4 f O J 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest ~ ~Â® in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? li yes, provide an explanation and indude copies of any payment agreements. DR 8404 (06/02) Page 4 ~19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, al! stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF POSITION % OWNED NAME HOME ADDRESS, CITY & STATE BIRTH He.,1 KÂ· ShreaUGL 14.99 C[6** ca-ek b y. 1-76--97Â· b044~Ne~Ty IÂ£~D~~' Â£-anow~.046 CO -%0503 20. Has the Applicant provided, or does the applicant intend to provide their staff with server training. Yes No Additional Documents to be submitted by type of entity ~~ CORPORATION ~ Cert. of Incorp. ~ Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. Of a foreign corp.; ~ PARTNERSHIP U Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY ~ Articles of Organization Â£ Cert. of Authority (if foreign company) ~ Operating Agrmt. CJ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) -. Address for Service 6 &48#f 194 E. 60<keyn A- 65120 Qa'k 6-205/7- .. .1:...Ut.kiu..4~~~4.3,I::~4,3...Ri~ib3i~'~62 r::f- IU 1 -2 1-- .OATH OFAPPOCANTÂ» - ~..t't-:-2 , 4 1 (leclare under penalty of perjury in the second degree that this application and alt attachments are true, correct, and complete 4 tothebest of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees 4 tocomply withtheprovisions ofthe Colorado Uquoror Beer Code whichaffectmy license. -2- . : Authorized Signature Title Date.// i 7.g %0- 4(â‚¬AA k Sk Â·â„¢#t'e 6. 3:2- 93 f REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/Â©6UNTY) -7, 4 Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. .*Vuir 5 l- aa-0 + C*-u-, S , AN 4 ! 1 Each persortrequired to file DR 84044: 0 Yes No a. Has been fingerprinted 0,0 b. Background investigation and NCIC and CCIC check for outstanding warrants conducted c. The local authority has already conducted, or intends to conduct, a premise inspection to,Â¢'14;re that the apolicant is / - 21 20-44- in compliance with, and aware of, liquor code provisions affecting their class of license. ~ r (date of inspection) 0 0 If not, does the authority want the state to conduct such an inspection. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthatsuch license, if granted, will meetthe reasonable requirementsof the neighborhood and the desiresof the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number Â£ TOWN, CITY El COUNTY Signature Title Date ignature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD e completed by each individual applicant, all general partners of a partnership, all limited partners owniria 1 094 (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness A deliberate falsehood cr omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Nf - ia e 2.- Your Full Name (last, firstimiddle) 3. List any other names you have used. 1-le nl K 64 restÂ¢k, Â©o 4. Mailing address (if different from residence) Home Telephone 14 olf Clover Cruk b-r. loto F.04- co Bafb3 11-0 6 5 1 61 3 9 -6 5. List all residence addresses below. Include current and previous addresses for the past five years. STREETAND NUMBER CITY, STATE, ZIP FROM TO Current 144 8 Clove-~ Gu-k- bk (-enfj'h,Â·-sk 4-305'33 -Zoot, *6 2,*s 6+ Previous +50 0 1 ift S â‚¬ 8 le L &640 4 â‚¬2-Fb 304 |Rot 4 <~an) R,6 2.00 i 6. Date of Birth Social Security Number (SSN) Place of Birth 7. U. S. Citizen? 01 -2-6 -41Â· 615- 66 4101 A)**4 *t Yes U No If Naturalized, state where When Name of District Court 7-00 3 r.b~v't,1/0- Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 25-61 5 14-4 2. . 14 #200 3 .-I 8. Height Weight Hair Color Eye Color Sex Race 9. Do you have a current Driver's License? If so, give number & state 5, 5c' ijA 81/4 6/ Â£ M A NYes UNo 014 355 005-0 Colo rUm 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER r 0 -* A LWWA.#- 01' IUL{ L-â‚¬ U 51 Yl Clentr Ay~napo-rnÂ«- Re,shot <Vt,+ Maaj" shnitk; CoUS,n OWÂ¥,4 1 ve you ever applied for, hela, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or entory, to any liquor or beer licensee? If yes, answer in detail. E Yes ED No 13005 *eâ€¢44< Pad st 604(~W (20 20,202. 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or militdry court or do you have any charges pending? (If yes, explain in detail.) El Yes N No 13. Have you ever received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. D Yes ~No 14. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO Au cro Ao-(-i o V~ 9070 ll) 1 boOade r Or, ek;LidÂ£~p- f *3 8 free'l- 1- th:,ULQA, Co- 9601 15. Financial Information. 80 Total purchase price $ 15 006 - (if buying an existing business) OR list the total amount of your investment in the new business, including notes, loans, cash, services or equipment, and operating capital $ too. 000* Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amoun 60(LA Â£21 blitl us 621.k 3 5000 6*l k 6 ata.Aut saviff, ct - us A a.zk c At Or,54 (ba.k, kg 84il, 10,000 =- Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount 41 Ketj ce OA+C 604 der Eec 12,006 f-*1-- 6 @UL 80,41&84'-- 54,000 - 8D 16. Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons authorized to draw thereon. â‚¬134-- Note AA Ba,1 j ** D e=> 0 6 Â° 446 Gljhtv- - 14 -uvu k Sh resâ‚¬o- Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best my knowledge. Authorized Signature Title Date 044AA K Sk r.mo\A Â· ao vier < &6*15 2-r- H - irr_ m-71 9 1 WrI Nepal ' s Cafd Floor Plan for the Liquor Distribution Area /9â‚¬ 4. cfbeÂ»+,at,Â« 0 0 0 0 Table Table Glass Window 0 0 0 0 Ex 1 Front Main Door 0 0 0 Chairs - Table Table O 0 0 0~ 22 9162&0@ 8 00 A Â£if@IM~ R fab 0 0 3@0@ 811]#et 910*0@ 31:te>A M ;02 Door 1.Vite,44 0,2 Sink Imt-frric>A .-_- / Door 1 + 00 0 0 00 MEMORANDUM TO. HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR WIDMER FROM: PETE BRANDJORD, FINANCE OFFICER SUBJECT: SUPPLEMENTAL BUDGET RESOLUIION DATE: 6/18/2004 CC: Background. The attached supplemental budget resolution appropriates funds to a) transfer funds from the General Fund to the Community Reinvestment Fund for the addition of parking spaces on MacGregor Avenue, and b) to transfer funds from the General Fund to the Community Reinvestment fund as budgeted in fiscal year 2003. These transferred funds are subsequently appropriated in the Gmmunity Reinvestment Fund for expenditure. The recommended adjustments and explanations follow: 1. General Fund a. $210,000 from unappropriated surpluses to transfer to the Community Reinvestment Fund for the addition of parking spaces on MacGregor Avenue approved at the June 8 Town Board meeting. b. $1,873,874 from unappropriated surpluses IO transfer to Gmmunity Reinvestment Fund. This amount was budgeted for transfer in 2003, and was not made due to the timing of the issuance of the Estes Park Urban Renewal Authority Tax Increment Revenue Refunding and Improvement Bonds, Series 2003. The intergovernmental agreement (IGA) with EPURA was also amended during this period. Both of these factors, and the recent legal opinion that urban renewal authorities were not subjeCI to TABOR requirements, changed the manner and amounts of the intergovernmental transfers of incremental tax revenues between the Town of Estes Park's General and Gmmunity Reinvestment Funds, and EPURA's General Fund and Debt Service Fund. Based on discussions with the Town's independent auditor, these changes were ultimately deemed to be in effect for all of 2003, rather than a pro-mia allocation based on the final bond sale in October 2003. The practice in prior years had been to actually make the transfer after the end of the fiscal year, because the inforrnation necessary to calculate the transfer was not available until March of the subsequent year. In light of the substantial amendments to the terms of the bond indenture, the TABOR requirements and IGA with El?URA, and in the interest of full disclosure, it was determined that the transfer be brought before the Board for formal appropriation. 2. Gmmunity Reinvestment Fund a. $2,083,874 from unappropriated surpluses for completion of projects. Budget The supplemental appropriation will require the additional appropriations detailed above. Action Policy Issues - It is recommended that the additional funds be appropriated to allow for the legal expenditure of the funds as directed by the Town Board. Technical Issues - none 2 RESOLUTION NO. 9-04 RESOLUTION TO APPROPRIATE SUMS OF MONEY NO. A RESOLUTION APPROPRIATING SUPPLEMENTAL SUMS OF MONEY TO FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on November 11, 2003; and WHEREAS, additional appropriations from the following funds and in the following amounts are necessary: 1. $2,083,874 from the unappropriated surplus of the General Fund for a transfer to the Community Reinvestment Fund, and 2. $2,083,874 from the unappropriated surplus of the Community Reinvestment Fund for qualifying projects, and WHEREAS, it is not only required by law, but also necessary to appropriate the surpluses provided in the budget from the funds listed above, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the above amounts are hereby appropriated from the unappropriated surplus of each fund, to each fund. ADOPTED this day of ,2004. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Kayak Course Dedication Initial Phase of Estes Park Whitewater Park June 24,2004 5:00 p.m. Opening Remarks and Welcome - Mayor John Baudek West Corridor Plan Context and Ribbon-Cutting - EPURA Chairman Al Wasson Kayaking Demonstration - Gary Lacy and Scott Shipley, Recreation Engineering and Planning Whitewater Rescue Techniques - Estes Park Dive Team Raft Excursion for Those Who Dare - Gary Lacy Followed by Concert in Performance Park by Reintarnation, a Bluegrass Group, at 7:00 p.m.