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Home My WebLink AboutPACKET Town Board 2005-04-124 prepared 04/08/05 ,:~ Â£2~ ; 11 The Miesion of the Town of Eetee Fark ie to plan and provide reliable, hidh-value eervicee for our citizens, vieitore, and employeee. We tai<e < ~ community Dy bein0 good etewarde of public resources and natural great pride eneurir10 and enharicir10 the ciuality of life in our eetting. ~*IEb3>- BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 12,2005 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 5-Minute Recess 1. SPECIAL RECALL ELECTION: A. Election Results Report - Town Clerk O'Connor. B. Official Swearing-In of Trustee Elect Richard Homeier - Municipal Judge Brown. C. Committee Assignments - Mayor Baudek: â€¢ Trustee Homeier: Member - Public Safety Committee Member - Public Works Committee Trustee Liaison - Estes Valley Planning Commission â€¢ Trustee Levine: Chairman - Public Works Committee â€¢ Trustee Pinkham: Member - Community Development Committee Trustee Liaison - Advertising Committee D. Town Board Goal Teams: â€¢ Trustee Homeier: Member - Goal Team 5 - Transportation and Parking Improvements Member - Goal Team 6 - Stanley Park Improvements & Implementation Plan. 2. CONSENT AGENDA (Approval of): A. Town Board Study Session, March 17, 2005, and Town Board Minutes dated March 22,2005. B. Bills. 1 1,/ .4 &\ ./ 4 , 1 % , C. Committee Minutes: Community Development, April 7,2005: Special Events Dept. 1. Contract Approval: (1) 2005 Christmas Parade, November 25, 2005 with Leslie Williams, $10,000; (2) Rocky Mountain Team Penning Assn., September 16-18, 2005; and (3) Colorado Hunter- Jumper Assn., July 22-24,2005. 2. Minolta Copier Machine, $11,813 (Budgeted Item). Communitv Development Dept.: 1. Fee Waiver: Neighborhood Subdivision (attainable housing). 3. ACTION ITEMS: A. INTRODUCTION OF STEVE McFARLAND, FINANCE OFFICER AND APPROVAL OF OFFICIAL APPOINTMENTS. 1. Town Treasurer (Finance Officer and Town Clerk ProTem). 2. Secretary, Building Authority, 3-Year Term, expiring 1/01/06. 3. Treasurer, Firemen's Pension Board, 2-Year Term, expiring 04/06. 4. Policemen's Pension Board, 2-Year Term, expiring 04/06. 5. Goal Team #1 - Create an Overriding Plan or Strategy for Future Economic Development. 6. Goal Team #3 - CVB Rehabilitation/Renovation of Visitor Facility. 7. Goal Team #6 - Stanley Park Implementation Plan. B. RESOLUTION #10-05 - CONTRACT WITH C.D.O.T. FOR FISH CREEK HIKE/BIKE TRAIL, PHASE 3. Construction/Facilities Manager Sievers. C. RESOLUTION #9-05 - SETTING AUGUST 2. 2005 AS SPECIAL ELECTION DATE FOR THE PURPOSE OF (1) FORMING A CHARTER COMMISSION AND (2) ELECTING CHARTER COMMISSION MEMBERS TO FRAME A CHARTER. Town Attorney White. D. APPOINTMENT - JOHN M. ERICSON, JR. TO ESTES PARK URBAN RENEWAL AUTHORITY - COMPLETE 5-YR. TERM VACATED BY TAMARA JAROLIMEK, TERM EXPIRING 9/14/07. Mayor Baudek. E. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM KATHLEEN A. DUEMIG ENTERPRISES, INC., dba WAPITI BAR & GRILL TO MONTEGO BAY ENTERPRISES. INC. dba WAPITI RESTAURANT AND PUB. TORY NELSON, 247 W. ELKHORN AVE., TAVERN LIQUOR LICENSE. Town Clerk O'Connor. F. PUBLIC HEARING - FALL RIVER SECOND ADDITION AND THIRD ADDITION ANNEXATION REQUEST - RESOLUTION #10-05 & ORDINANCE #6-05 - PUBLIC HEARING. 1. Mayor - Open Public Hearing 2. Staff Report 3. Town Attorney White read Resolution #10-05 and Ordinance #6-05 4. Public Testimony 5. Mayor - Close Public Hearing 6. Motion to Approve/Deny. 2 . I Prepared 04/08/05 G. GOAL TEAM 7 PERFORMING ARTS FEASIBILITY STUDY - OFFICIAL REQUEST FOR F.O.S.H. FUNDS BY CULTURAL ARTS COUNCIL OF ESTES PARK. Town Administrator Repola. H. TOWN ADMINISTRATOR'S REPORT. 1. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3 j . ASSOCIATION FOR RESPONSIBLE DEVELOPMENT ESTES PARK, COLORADO The Association provides leadership and direction to residents of the Estes Valley And to future generations of residents and visitors who wish to preserve the unique mountain character and natural beauty by fostering appropriate and responsible development. April 12, 2005 Mayor John Baudek Board of Trustees Our organization espresses its opposition to any extension of EPURA after the end of the 25 year State defined maximum life as required in C.R.S. 31-25107. It appears that a primary reason for renewing or extending EPURA, would be to issue revenue bonds without approval of the voters. Expenditures from Community Reinvestment Fund can be made anywhere in town, and may open up a vision of grander objectives. Why not consider a performing arts or multi-purpose art center under this broader vision? As to personnel requirements, experienced leadership from EPURA could serve as Director of Community Reinvestment, and the present board serve in an advisory capacity, although we feel citizen input should come from a wider base. For example, alumni of the C.I.A. groups could be asked to provide guidance. We submit this for your careful consideration. Association for Responsible Development n I /-1, 1 A Â· <1' ~ - tzE/t//to-l '10<-t.<_- Byron Hall, President 0 1 Town Clerk's Office Memo To: Honorable Mayor Baudek and Board of Trustees - - Town Administrator Repola From: Town Clerk O'Connor Date: March 24,2005 Re: Final Election Report STATEMENT AND CERTIFICATE OF DETERMINATION OF SPECIAL RECALL ELECTION HELD MARCH 22,2005 TOWN OF ESTES PARK SSUES/QUESTIONS OFFICE VOTED ABSENT TOTAL NO. OR CANDIDATES FOR VOTER PRECINCT OF VOTES PRECINCT #1 CAST QUESTION: SHALL DAVID HABECKER YES 190 713 903 BE RECALLED FROM THE NO 151 454 605 OFFICE OF TRUSTEE OF THE TOWN OF ESTES PARK? CANDIDATES: GARRY BLOOM TRUSTEE 34 156 190 JOHN ERICSON 87 250 337 RICHARD HOMEIER " 108 358 466* DORATHEA SLOAN " 66 183 249 *Elected to complete Habecker' s term; term expires 4/06 Total Registered Voters = 4,153 Number of Absentee & Provisional Votes Cast = 341 Number of Polling Place Votes Cast = 1,167 TOTAL VOTES CAST = 1,508 = 36.31% I reviewed the election records back to 1994, and since we have been tracking percentages, this was the 4* highest voter turnout on record. Rich Smith served as Head Judge, and Jowayne Johnson and Helen Matzke assisted as Election Judges. I was very impressed with their attention to detail and willingness to assist our electors. On March 24th, Municipal Judge Brown, Deputy Clerk Williamson and I conducted the Canvass of Votes Cast, and as we found no discrepancies, we Certified the Returns. Deputy Clerk Williamson was very instrumental in assisting in the election process, and she post election results on the website shortly before 10:00 p.m. 2 4/06/05 SPECIAL RECALL ELECTION MARCH 22,2005 RECALL OF TRUSTEE HABECKER BUDGET = $5,151.00 EXPENSE REPORT Report prepared by Vickie O'Connor, Town Clerk ACCOUNT NUMBER ACTUAL 101-1400-414-22-25 Election Judges -3@ $10.00/hr. training +$100 for Election day $420.00 Precinct ($100/day + $10/training) 101-1400-414-23-01 Publishing (Notice of Election & Abstract) $50.00 101-1400-414-26-01 Materials/Supplies: Diebold Election Systems Programming $759.34 Ballot Printing & Setup $2,401.40 Larimer County (Equipment Rental & Registration Lists) $600.00 Miscellaneous Supplies: (Postage, Fed. Ex., Printing Materials, Meals) $1,391.64 TOTAL ESTIMATED EXPENSES $5,622.38* *There is one pending invoice, thus I am submitting a "Total Estimated Expense" at this time. Upon receipt of the invoice, I will finalize this report and place copies in your mailbox. /<OWN.Ok 1 STANDING COMMITTEE/MEMBER LIST Revised April 12, 2005 COMMUNITY DEVELOPMENT Sue Doylen, Chair Chuck Levine Bill Pinkham PUBLIC SAFETY Wayne Newsom, Chair Sue Doylen Richard Homier PUBLIC WORKS Chuck Levine, Chair Richard Homeier Lori Jeffrey-Clark UTILITIES Lori Jeffrey-Clark, Chair Wayne Newsom Bill Pinkham LIAISONS Bill Pinkham, Advertising Committee Richard Homeier, Estes Valley Planning Commission Sue Doylen, Museum Advisory Board Chuck Levine, Rooftop Rodeo Committee Lori Jeffrey-Clark, Youth Advisory Council 1 TOWN BOARD 2004-2006 GOAL TEAM LIST Revised April 12, 2005 1. DEVELOP AN ECONOMIC VISION WHICH RECOGNIZES AND SUPPORTS THE EXISTING ECONOMIC COMPONENT OF TOURISM; LOOKS AT FUTURE OPPORTUNITIES FOR DIVERSITY; AND CREATES AN OVERRIDING PLAN OR STRATEGY FOR FUTURE ECONOMIC DEVELOPMENT. Team Leader: Town Administrator Repola Members: Trustees Jeffrey-Clark and Pinkham Staff: McFarland, Pickering & Smith 2. CREATE A MASTER FACILITY & LAND USE PLAN. a. Develop a set of criteria for use of community reinvestment funds. Team Leader: Public Works Director Linnane Members: Trustees Doylen & Newsom Staff: Hinze, Joseph, Repola & Richardson 3. SUCCESSFUL EVOLUTION OF CVB, AND REINVESTMENT IN REHABILITATION AND RENOVATION OF VISITOR FACILITY Team Leader: Business Development Director Pickering Members: Trustees Mayor Baudek & Trustee Doylen Staff: Marsh, McFarland, O'Connor & Repola 4. CONTINUE THE EPURA FOR A NEW TERM BEGINNING IN 2008 AS A PLANNING AND PLAN IMPLEMENTATION TOOL FOR COMMUNITY IMPROVEMENT AND ECONOMIC ENHANCEMENT. Team Leader: Town Administrator Repola Members: Mayor Baudek & Trustee Levine, Staff: Smith & White 5. PRIORITIZE IMPLEMENTATION PLANS FOR TRANSPORTATION & PARKING IMPROVEMENTS. Team Leader: Public Works Director Linnane Members: Trustees Homeier & Pinkham Staff: Joseph, Richardson, Smith 2 6. CREATE A STANLEY PARK IMPLEMENTATION PLAN. Team Leader: Business Development Director Pickering Members: Trustees Homeier & Pinkham Staff: Hinze, Joseph, Kilsdonk, Marsh, McFarland, Repola 7. FINALIZE FEASIBILITY OPTIONS FOR BUILDING A PERFORMING AND VISUAL ARTS CENTER. Team Leader: Town Administrator Repola Members: Trustees Jeffrey-Clark & Levine Staff: Dorman, Kilsdonk, Pickering & Smith 3 4 RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 17, 2005 Minutes of a regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 17th day of March, 2005. Committee: Mayor Baudek, Trustees Doylen, Habecker, Jeffrey-Clark, Levine, Newsom, and Pinkham Attending: All Also Attending: Community Development Director Joseph, Planner Chilcott, Planner Shirk, Recording Secretary Roederer Absent None Mayor Baudek called the meeting to order at 9:30 a.m. AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE, BLOCK SEVEN Mayor Baudek stated that the purpose of the meeting was to review the proposed Block 7 amendments to the Estes Valley Development Code. He noted that, although the item had been advertised for the March 22, 2005 Town Board meeting agenda, it will be continued to April 26, 2005, at which time staff will present the official reading of the proposed changes. The item will be carried over to the May 24, 2005 Town Board meeting for the proposed final reading and adoption if the Board desires. He reminded audience members that public input will be allowed at the Town Board meetings in April and May. Item 1: Changes to the "A" Accommodations District â€¢ Section 4.4.A.1.a: Nonresidential Zoning Districts; List of Districts/Specific Purposes; Accommodations Zoning Districts; A-Accommodations/Highway Corridor Zoning District â€¢ Section 4.4.B, Table 4-4: Nonresidential Zoning Districts; Permitted Uses: Nonresidential Zoning Districts â€¢ Section 4.4.C.5: Density and Dimensional Standards; Number of Principal Uses Permitted Per Lot or Development Parcel â€¢ Section 5.2.C, Table 5-2: Accessory Uses Permitted in the Nonresidential Zoning Districts â€¢ Section 13.2.C.1: Use Classification/Specific Use Definitions and Examples; Accommodations, High-Intensity â€¢ Section 13.2.C.4: Use Classification/Specific Use Definitions and Examples; Resort Lodge/Cabins Director Joseph began with the proposed changes to the A-Accommodations zoning district. He noted that complete information on the proposed changes is available on the town website -or through the Community Development office via email or hard-copy. He stated that the proposed changes to the A-Accommodations district were presented to the Planning Commission last summer; the Planning Commission recommended their adoption to the Town Board at that time. Director Joseph stated that the changes primarily affect Table 4-4 in the Estes Valley Development Code, Permitted Uses: Nonresidential Zoning Districts, noting that permanent residency in the A-Accommodations zoning district is currently permitted. The proposed change pertains to the A district only, not to the A-1 Accommodations district, which will continue to allow both short-term and long-term occupancy. As the RECORD OF PROCEEDINGS TOWN BOARD STUDY SESSION - March 17, 2005 - Page 2 basis for the collection of sales tax, short-term stays are defined by state statute as 30 days or less. The proposed change to the A-Accommodations district would allow the occupancy of commercial condominium units for a maximum of 90 days in the 1St and 4tt' quarters of each year and 90 days in the 2nd and yd quarters, allowing the owner to occupy their unit as much as six months of the year. The proposed occupancy restriction would provide for the condominium unit to be in the rental pool for half of each year and would prevent the owner from using the unit for six months continuously during the busy summer season. Director Joseph noted that the proposed change will allow accessory uses, such as spas, restaurants, and gift shops, to be detached from the principal accommodations; currently, such accessory uses must be attached. On-site management would be required. Director Joseph noted that there is value in separating permanent residents from short-term renters, because the two uses are not necessarily compatible and can generate conflicts. He stated that the proposed code changes would apply only to new development or condominium conversion in the A-Accommodations zoning district after the changes are adopted. The proposed changes do not limit condominium ownership, requiring only that the unit be in the rental pool at least six months out of the year. Mayor Baudek questioned whether the units might be vacant between the times they were owner-occupied. Director Joseph replied that the majority of condominium owners will probably want income from the unit and will not price it so high that people won't rent it. Trustee Pinkham stat6d two concerns:-that of long-term availability of accommodations units for tourists, as well as the loss of tax revenues if accommodations units are converted into residential condominiums. Director Joseph noted that much of the town's revenues come from short-term rentals. He stated his belief that people who are in town for a short stay spend more freely than long-term or permanent residents. Mayor Pro Tem Doylen noted stated that the town's ability to provide services to its residents significantly decreases as the population continues to grow without a corresponding increase in commercial development, noting that sales tax revenues have also been generally stagnant. Director Joseph pointed out Town Administrator Randy Repola's memo, which noted that residents don't carry their own weight in terms of the money the town must expend for services to them. Director Joseph stated that the changes will bring the Estes Valley Development Code into compliance with the Comprehensive Plan, which requires that commercially zoned land be used for commercial purposes. He noted that the A-Accommodations-zoned properties are located in prime highway locations and are the best commercial land in the Estes valley. He stated that the EVDC currently states that A zoning is primarily for high-intensity accommodations uses, noting that 88% of A-Accommodations properties are currently at risk. He stated that while there are currently plenty of rooms for short- term rentals, as the build-out population is attained (probably within ten years), there will continue to be significant pressure for A-Accommodations units to be converted to residential units. If action is not taken now, future Town Board members may be faced with significant erosion of the town's economic base, particularly because the majority of condominium owners will have a grandfathered right to use their property as their residence. Heencouraged the Board to be proactive. Trustee Pinkham asked for a comparison of the number of condominium units currently inside the A-Accommodations district versus those outside it. He questioned whether firms might not expand their current accommodations as the demand 'for accommodations units became more intense. Director Joseph noted that while accommodations units may be able to add a second floor or otherwise expand, most properties would not have the space to provide the required parking for those new units. RECORD OF PROCEEDINGS TOWN BOARD STUDY SESSION - March 17,2005 - Page 3 Trustee Jeffrey-Clark stated that she had received a lot of email and had conversations with concerned citizens. She commented that the timing of this proposal was bad because the Board is looking at home rule, an economic development plan, etc. She encouraged Board members to consider gathering more public input and perhaps combining the proposed code changes with home rule. Mayor Baudek questioned why the proposed changes do not apply to the A-1 zoning district. Director Joseph reviewed the history of the development of the A-1 district, noting that is was a compromise with landowners to maintain the residential feel of the previously zoned T-Tourist and A-Accommodations properties while still allowing some commercial use. He noted that the A-1 zoning district has half the density allowance of the A district, and that many of the properties in the A-1 district would have difficulty meeting adequate public facility standards for new development. Trustee Habecker noted that the proposed changes don't address employee housing and questioned whether an on-site manager could live on the property. Director Joseph stated there are footnotes to the use chart that clearly provide for an owner or manager to reside on the property in a detached home. Trustee Habecker reminded Board members that the Larimer County Commissioners will have to agree to adopt the proposed code changes for the portion of the Estes Valley Development Code area that is outside town limits. Trustee Pinkham questioned whether the proposed changes would affect the salability of properties. Director Joseph stated that he had presented the information to the Board of Realtors, who expressed concern that the value of the condominium units would be reduced if owners didn't have the option to reside in them year-round or if the time they could occupy the unit was restricted. Realtors also expressed concern that the potential pool of buyers will be reduced and speculated that the proposed changes will put a chill on current development. Trustee Pinkham stated his concern that the proposed changes will prevent people who purchase condos from staying in the summer months, which may be the primary time they would want to use the condo. Director Joseph noted that the changes would allow unit owners to stay three months at a stretch at any time of year they choose. Trustee Pinkham then questioned the reasoning behind the requirement for on-site management. Director Joseph noted that while current off-site managers do a good job, there are still tourists who come without reservations and look for an open office on the accommodations site. He also stated that on-site management helps maintain compliance with rules and regulations. Mayor Pro Tem Doylen noted that it would provide employee housing. Mayor Baudek stated that on-site management seems reasonable for properties with a large number of units, but not for properties with few units. Director Joseph stated that the Community Development staff could examine possible exceptions. Trustee Levine stated that the reasoning behind the proposed code changes seems to be to provide rentable units in the future. He questioned what would happen if all the condominium owners chose to stay in their units during the busy summer months. Director Joseph noted that affluent condominium owners would be likely to display spending habits more akin to those of tourists, if they were here on a short-term basis, while their spending behavior is likely to be different if they are permanent residents. Trustee Jeffrey-Clark questioned whether condominiums are more affordable than a typical single-family residence, stating the need to provide housing for local police officers, teachers, etc. Mayor Baudek noted that the proposed changes apply only to the A-Accommodations district. Mayor Pro Tem Doylen stated that the A-Accommodations district is a truly special district that needs to be preserved to keep the community viable. She noted that if the town can't provide services and protect the quality of life, RECORD OF PROCEEDINGS TOWN BOARD STUDY SESSION - March 17, 2005 - Page 4 people won't want to live here. She stated that residential property owners don't buy much with their property taxes and that there is a need to maintain the proper balance in land-use types. She noted that combining the decision-making process on these proposed changes with home rule would create a delay of at least two years. Trustee Habecker stated that he owns one of the properties that would be affected by the proposed changes and noted that if local services diminish, property is not as valuable. He stated that residents don't spend money downtown the way tourists do, giving downtown business owners a stake in this decision, too. He questioned the effect on our local economy if condominium units in the A-Accommodations district were to be owner-occupied all year. He noted the potential impact on restaurants, shops, grocery stores, and gas stations, stating that the sales taxes from these entities are what provide the services that residents depend on. He recommended the Board not postpone consideration of the proposed changes. Item 1 a: FAR, Floor Area Ratio Exemption Director Joseph stated that the Town Board members had asked the Community Development staff two years ago to develop a new formula to calculate the floor-area ratio exemption. He noted that the Estes Valley Development Code has always had an exemption for floor area that is below grade, but that it was prone to differing interpretations. The former FAR considered square footage only; the proposed FAR is based on volume-it looks at the percent of volume (in cubic feet) that is placed below the original grade and remains below finish grade, and applies that percentage to the gross floor area of the building. If 20% of the volume is below grade, that 20% would be exempted. He noted that applicants would only be required to provide the FAR volume calculation if they were applying for the below-grade exemption. He stated that the measurement would include the total volume of the building within the rafters unless the floor-to-ceiling height is less than five feet (that portion of the building is not included in the calculations). The floor-area ratio exemption allows the part of the building that is placed below grade to be exempted from the total allowable volume. If the FAR exemption is not applied for, the entire volume of the building counts toward the total allowable. He stated that the intent of the floor-area ratio exemption is to provide incentive to reduce the visible bulk of a developed project. Director Joseph stated that the portion of the building that qualifies for the FAR exemption must be below grade and remain below grade; the developer can not build up dirt around the building or cut away a hillside to qualify for the exemption. Mayor Pro Tem Doylen questioned whether the proposed floor-area ratio exemption would cause developers to build flat-roofed buildings. Director Joseph stated that it may provide a disincentive to having huge vaulted spaces, but it isn't a prohibition against doing so, noting that a developer may build up to the thirty-foot height limit in any fashion they'd like. Trustee Habecker suggested that the FAR calculation be based only on the lower level of buildings. Director Joseph stated that it could be done that way and noted that it would create a much more lenient regulation and would yield more square footage above grade. At 11:00, when the meeting was scheduled to adjoum, Mayor Baudek asked the Board members if they were willing to continue. A consensus was reached to continue the meeting until 11:30. Item 2: Landscaping â€¢ Section 7.2.C: Grading and Site Disturbance Standards; Restoration of Disturbed Areas â€¢ Section 7.5.A: Landscaping and Buffers; Purpose and Intent â€¢ Section 7.5.B: Landscaping and Buffers; Applicability â€¢ Section 7.5.C: Landscaping and Buffers; Approval of Landscaping and Buffering Plan â€¢ Section 7.5.D: Landscaping and Buffers; General Landscaping Design Standards RECORD OF PROCEEDINGS TOWN BOARD STUDY SESSION - March 17,2005 - Page 5 â€¢ Section 7.5.E: Landscaping and Buffers; Landscaping Requirements for Multi- Family and Nonresidential Uses â€¢ Section 7.5.F: Landscaping and Buffers; Buffering and Screening â€¢ Section 7.5.G: Landscaping and Buffers; Parking Lot Landscaping â€¢ Section 7.5.H: Landscaping and Buffers; Fences and Walls â€¢ Section 7.5.1: Landscaping and Buffers; Technical Landscaping Requirements â€¢ Section 7.5.J: Landscaping and Buffers; Maintenance Requirements Planner Shirk stated that many of the proposed changes to the Landscaping requirements are just reorganization of existing parts of the Estes Valley Development Code. One of the substantial changes is the addition of section 7.5.D.6, Requirements not Cumulative. He stated that the current code sections regarding lot perimeters, district buffers, and street frontage requirements, etc. all have discrete standards that are applied cumulatively to a project. It is staffs recommendation to condense the standards and allow, for instance, street landscaping requirements to also count towards parking lot requirements if they serve the same purpose so that developers do not have to meet the standards twice. Trustee Habecker questioned section 7.5.D.3.f, which states, "No trees shall be planted within five (5) feet on either side of water or sewer main lines." Director Joseph stated that the sanitation districts like to see that requirement for protection of their lines and noted that ali standards can be waived by the Planning Commission. Mayor Pro Tem Doylen questioned section 7.5.D,3.e, which states, 'Trees shall be planted no closer than seven (7) feet from any structure...", stating that it was her belief that trees were not to be planted within thirty feet of a combustible element. Director Joseph noted that such plantings may be prohibited by wildfire standards, which apply on a site-specific basis. Mayor Baudek asked whether the proposed changes would cost more, less, or be cost-neutral for developers. Director Joseph stated that if it were a big project, the cost would probably be lower. The cost for a small project would remain about the same. Item 3: Density Bonus for Attainable Housing â€¢ Section 11.4.D: Attainable Housing Density Bonus: Maximum Permitted Density Bonus Planner Chilcott stated that this proposed revision would provide more flexibility. For instance, on a one-acre lot in the RM (multi-family residential) zoning district, up to eight units could be built and sold at market rate with an additional four units built and sold as attainable housing. Under the current code, all units would be required to be attainable housing. Item 4: Adequate Public Facilities: Electricity â€¢ Section 7.12.B: Adequate Public Facilities; Applicability â€¢ Section 7.12.C: Adequate Public Facilities; General Requirements â€¢ Section 7.121: Adequate Public Facilities; Electricity â€¢ Section 10.5.E: Utility Standards Planner Chilcott stated that although the Estes Valley Development Code has adequate public facilities requirements for water, fire protection, stormwater management, sewer, and drainage, there are no adequate public facilities requirements for electricity. The Public Works department has requested this be added to the code. She noted that some developments have received building permits and building has begun before the utility infrastructure has been completed. Director Joseph noted that having adequate public facilities requirements in the unincorporated areas of the Estes Valley is very important; this proposal would apply principally to subdivision applications and only minimally to single-family residences. RECORD OF PROCEEDINGS TOWN BOARD STUDY SESSION - March 17, 2005 - Page 6 Item 5: Geologic and Wildfire Hazards â€¢ Section 7.7.D: Geologic and Wildfire Hazard Areas; Professional Qualifications â€¢ Section 7.7.E: Geologic and Wildfire Hazard Areas; Wildfire Hazards â€¢ Section 7.7.F: Geologic and Wildfire Hazard Areas; Geologic Hazards Planner Shirl< stated that the current standards regarding wildfire hazards in the Estes Valley Development Code are very prescriptive, stating that property owners shall clearcut around their houses. The proposed changes are at the request of the Larimer County Wildfire Hazard Specialist who is contracted by the town to do all wildfire mitigation review; these changes would reference the criteria and guidelines for wildfire hazard areas written by the Colorado State Forest Service, which provide greater flexibility. For instance, a significant tree beside a home may be considered part of the structure rather than being required to be removed. Planner Shirk stated that the geologic hazard section of the code requires that the "review guidelines set forth below" be followed, but no guidelines are given. Community Development staff have been working with the Colorado State Geological Survey to address this hole in the code. The code currently states that for any development in a geologic hazard area, a professional geologist must be hired. In this area, there are many properties that are within a defined geologic hazard area but only have a steep slope. The underlying soils are very stable, and they only need to have an engineered foundation. The proposed changes would allow an engineer to stamp the foundation design rather than having to hire a geologist to tell the developer that the foundation must be engineered. This proposal would also apply to alluvial fan hazards where the soil is sandy or rocky and unstable. Planner Shirk stated that a =geologist would be required to come in for all new subdivisions and for rock-fall areas. Mayor Baudek questioned section 7.7.F.1.b, Unmapped Geologic HAzards. Planner Shirl< stated that mapping of geologic hazards is done by aerial photography and that the section in question would allow for non-mapped hazards discovered in field visits to be included. Trustee Newsom left the meeting at 11:30 a.m. due to a prior appointment. The following proposed changes to the Estes Valley Development Code were not discussed during the study session due to time constraints. Director Joseph noted that the most important changes had been covered during the study session. Item 6: Front Setbacks on Corner Lots and Double-Frontage Lots â€¢ Section 1.9.D.1.c: Building and Structure Setbacks from Lot Lines Item 7: Features Allowed in Setbacks â€¢ Section 1.9.D.b: Setbacks-Building and Structure Setbacks; Features Allowed Within Setbacks Item 8: Street Lot-Line Setbacks and Setbacks for Double-Frontage Lots â€¢ Section 13.3.145: Definition of Words, Terms, and Phrases; Lot Lines, Rear Lot Line, Interior Side Lot Line, Street Lot Line, Street Side Lot Line Item 9: Minimum Lot Width Requirements â€¢ Section 1.9.B: Rules of Measurement; Lot Width Measurement â€¢ Section 13.3.148 Definition of Words, Terms, and Phrases; Lot Width Item 10: Revisions to Submittal Requirements â€¢ Section 3.1.C: General Provisions; Incomplete Applications or Insufficient Fees â€¢ Section 3.2.B: Step 2, Application Timing and Certification of Completeness â€¢ Section 3.2.C: Staff Review and Report â€¢ Section 3.6.B: Procedure for Approval of Variances RECORD OF PROCEEDINGS TOWN BOARD STUDY SESSION - March 17,2005 - Page 7 Item 11: Minor Modifications â€¢ Section 3.7.A.2: Applicability; Minor Modifications from General Development and Zone District Standards â€¢ Section 10.4.A. 1: Lots; Lot Dimensions and Configuration Item 12: Development Plan Review â€¢ Section 3.8.B: Development Plan Review; Applicability â€¢ Section 3.8, Table 3-3: Development Plan Review Requirements Item 13: Building Separation â€¢ Section 5.2.D: General Dimensional and Operational Requirements Item 14: Separate Lot Determinations â€¢ Summary Table: Standard Development Review Process by Application Type â€¢ Section 12.1.C: Appeals; Appeals from Final Decisions by Staff â€¢ Section 13.3.183: Definitions of Words, Terms, and Phrases; Party-In-Interest item 15: Sidewalks/Trails â€¢ Section 7.4.A. 1: Applicability; Trails â€¢ Section 10.5.F: Subdivision Design Standards; Private Open Areas and Trails Item 16: Accessible Parking â€¢ Section 7.11.J.1: Accessible Parking for Disabled Persons; Number of Spaces Item 17: Outdoor Seating â€¢ Section 5.1.M.1: Outdoor Seating Areas Item 18: Wetlands and Stream Protection â€¢ Section 7.6.C: Other Regulations Item 19: Refuse Disposal â€¢ Section 7.8.G.1.e: Refuse Disposal Item 20: Exterior Lighting â€¢ Section 7.9.D: Design Standards Item 21: Parking Spaces for Employee Housing â€¢ Section 7.11.D: Minimum Off-Street Parking Requirements Item 22: Single-Family Residential Exemptions â€¢ Standard language throughout Estes Valley Development Code Item 23: Minor Subdivision Review â€¢ Chapter 2, Table 2-1: Code Administration and Review Roles â€¢ Section 3.9.B: Applicability â€¢ Section 3.9.D: Minor Subdivisions â€¢ Section 3.9.F: Effects of Approval â€¢ Section 10.2.B: Applicability/Scope; Minor Subdivisions â€¢ Section 12.1: Appeals Item 24: Appendix B, Attachment A â€¢ Certification of Ownership and Dedication . RECORD OF PROCEEDINGS TOWN BOARD STUDY SESSION - March 17,2005 - Page 8 Item 25: Appendix B, Attachment B â€¢ Larimer County Health Authority Approval â€¢ Surveyofs Certificate â€¢ Approval of Survey Plat â€¢ Town Engineer's Certificate â€¢ Board of County Commissioners Approval Item 26: Kennel Definitions â€¢ Section 13.3.129: Definitions of Words, Terms, and Phrases; Kennel APPENDIX D: Street Design and Construction Standards 1. General 11. Streets 111. General Site Access IV. Intersection and Driveway Visibility V. Sidewalks, Pedestrian Connections, and Trails VI. Erosion Control VII. Flood Protection VII'. Tree and Vegetation Protection During Construction and Grading Activities IX. Other Requirements â€¢ Section 13.3: Definitions of Words, Terms, and Phrases; Cul-de-sac, Driveway, Arterial Street, Collector Street, Dead-End Street, Local Street, Sub-Local Street â€¢ Section 7.11.K. 1: Access to Parking Areas; Backing Prohibited â€¢ Section 7.11.K.2: Access to Parking Areas; Driveways â€¢ Section 7.11.N.2.a: Off-Street Loading Requirements; Location â€¢ Section 7.11.0.1.c: Parking and Loading Area Design Standards â€¢ Section 7.11.0.2. Parking and Loading Area Design Standards; Surfacing and Maintenance â€¢ Section 10.5.C: Streets There being no further business, MAyor Baudek adjourned the meeting at 11:34 a.m. -14444 ~Julig,Rbeaerer~Kecording Secretary Town of Estes Park, Larimer County, Colorado, March 22,2005 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 22nd day of March, 2005. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present: Randy Repola, Town Administrator Jackie Williamson, Deputy Town Clerk Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT: Dee Pritchard, 650 S. St. Vrain, representing Estes Park Citizens .for Representative Government reported that she has filed the documents required by the Fair Campaign Practice Act. TOWN BOARD COMMENTS. Mayor Baudek read portions of an article by a Sr. Center Board Member Walt Richards titled "100 Years Ago...What a Difference a Century Makes!" 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 8,2005. 2. Bills. 3. Committee Minutes: A. Utilities, March 10,2005: 1. Easement Vacation for Lot 3A, Amended Plat of Lots 2 and 3, Dill Subdivision, Stephen R. Carl - Quit Claim Deed. B. Public Works, March 17,2005: 1. Parks SCADA Purchase, 2004 Budgeted Funds, LL Johnson Distributing Co., $20,933.70. 2.Â· Annual Tree Replacement Project, Budgeted Funds, $10,000. 3. Fall River Hydro Picnic Grounds Shelter Structure and Road Improvements, Budgeted Funds, Litchfield Indus., $55,000 total. 4. 2005 Street Improvement Program (Chip Seal, Overlay and Striping), $100,000. 4. Estes Valley Planning Commission, February 15 and March 15, 2005 (acknowledgement only). Board of Trustees - March 22,2005 - Page 2 It was moved ind seconded (Doylen/Levine) the consent agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Opened the Public Hearing for all Consent Agenda Items. A. CONSENT ITEMS: 1. PRELIMINARY CONDOMINIUM MAP & FINAL CONDOMINIUM DECLARATION: a. The Promontory, Lot 6, Replat of Mary's Lake Subdivision, Rock Castle Development Co./Applicant. B. REPORTS: 1. Presentation of Estes Valley Development Code, Remaining Portion of Block 7 Amendments - First Reading. CONTINUE to April 26,2005. (The Town Board Public Hearing will be held May 24,2005). There being no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Doylen/Habecker) the Consent Items be approved, and it passed unanimously. 2. ACTION ITEMS: 1. PRESENTATION BY BUREAU OF RECLAMATION - OLYMPUS DRILLING 3 PROJECT. Briaq Person, Area Mgr./Eastern Area Office of the Dept. of Reclamation, was present to explain the ongoing drilling activities at the Olympus Dam. The drilling program is part of the Reclamation's agency-wide Safety of Dams Program. The program analyzes dams for performance during seismic movement. By exploring Olympus Dam and testing samples from its cores, Reclamation engineers will determine how the eastern embankment might perform in the event of an earthquake. The allowable risk and performance standards are higher for this dam due to its location and the population down stream. Beginning next week, crews will construct a road for the drill rig across the face of the dam. In April, drillers will begin a series of 20 to 24 samples from the dam's foundation. The Estes Valley Recreation and Park District has been notified that the access road may temporarily intersect and cover a portion of Lake Estes trail just north of the dam. Responding to Trustee questions, Mr. Person stated the holes will vary in depths of 30 to 70'; the analysis will be completed within a few months and a presentation can be made to the Town Board at that time; the temporary road will remain for a period of time until it is determined additional testing is not required; the drilling will occur between the hours of 7 a.m. to 7 p.m. and will operate within the Town's noise ordinance. The Board expressed their appreciation to Mr. Person for the update. 2. ORDINANCE # 5-05 - HOME RULE INITIATION. Administrator Repola stated on March 8,2005 the Board ordered the drafting of an Ordinance to initiate proceedings to adopt a Home Rule Charter with 15 Board of Trustees- March 22,2005- Page 3 Charter Commissioners to be elected at large. Associated costs are anticipated to be approximately $6,000 for the August election; and, if the Charter Commission is formed, there may be additional expenditures of Town funds with regard to staff time, commission expenses, and the Commission may also hire consultants at an estimated cost of $15,000 to $20,000. Administrator Repola inforrAed the Board that the news media will be notified as to the nomination procedure for candidates, and during budget revisions in July, funds that are currently appropriated in the General Fund could be reappropriated to the election fund or a line item could be created. Dee Pritchard, 650 S. St. Vrain, stated the citizens of Estes Park have the responsibility to educate themselves on all aspects of Home Rule, determine if they are qualified to serve on the Charter Commission, and enact Home Rule if it represents the majority of the citizen's beliefs. She thanked the Mayor, Trustees and Staff for all their work and support on this issue. It was moved and seconded (Doylen/Levine) Ordinance 5-05 be approved, and it passed unanimously. Mayor Baudek stated this is an important step for a Town and if done properly it can be positive for the Town. 3. TOWN ADMINISTRATOR'S REPORT. None. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:30 p.m. John Baudek, Mayor Jackie Williamson, Deputy Town Clerk .. RECORD OF PROCEEDINGS 3 Town of Estes Park, Larimer County, Colorado, April 7,2005 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 7th day of April, 2005. Committee: Chairman Doylen, Trustees Habecker and Levine Attending: All Also Attending: Trustee Pinkham, Town Administrator Repola, Directors Joseph and Pickering, CVB Staff Members, Mgr. Hinze, Clerk O'Connor Absent None Chairman Doylen called the meeting to order at 8:00 a.m. CONVENTION & VISITORS BUREAU. Communications: Manager Marsh reported on the following: 1. 1st Quarter Reports for the Advertising Program where it was noted: â€¢ Requests for Information are up 28.08%; generated requests are up 59.63%; e-mailed requests are down 6.4%; and 800-calls are down 30.32% as of the end of February. â€¢ The Spring sample magazine ads were distributed. 2. The Executive Summary for the Conversion Study was presented. The report verified a strong return on investment, and it will be distributed to the media. 3. Hot Deals in Estes Park. This is a new test on-line offer opportunity for businesses to reach a different market at an affordable price. The fee is $75 and it is receiving significant bookings and sales.; group packages are being marketed. 4. May Insert -publishing is underway and promotion includes the Jan Fest. Community/Media Relations Reports: 1. Paving Project - Information is being distributed on this CDOT project s'cheduled from mid-May all Summer from Lyons to the Highway 36/7 Intersection. 2. Travel Writer Exposure. Staff is attending the Showcase in Denver; and additional information was provided on the "FAM tour". Visitors Center/Services: Visitor Center Coordinator Weldin reported on the following: 1. CVB Services has reached 70% of their budgeted goal-170 stakeholders and 120 paid for services currently. Peggy Campbell (temp.) is contacting potential businesses. 2. Telephone calls are up, averaging 54/day on up, and electronic people counters have arrived and will soon be installed; statistics will be provided in the future. 3. New items/Equipment includes: a 6'x8' State Map, installation of an exterior wall- mounted wooden case to display lodging information when the office is closed; early May will have web-based lodging availability tool; and the 2005 Event Calendar is in mass distribution. 4. Seasonal staff/hrs. Ads have been placed to fill the budgeted 3 fulltime positions and the submittal deadline is 4/8. Hours are currently 9:00-5:00 and beginning Mary 2lst, summer hours will be 9:00 a.m. to 8:00 p.m. every day, Interviews are scheduled 4/18. RECORD OF PROCEEDINGS ' Community Development Committee - April 7,2005 - Page 2 5. Ambassadors. These volunteers are very dedicated and knowledgeable. Recruitment is underway for new volunteers and the goal is 70. Mayor Baudek approved funding for new uniform shirts and they have been well received. 6. Lodging tours for Ambassadors and staff. Between 32-40 properties are being scheduled for tours and retail tours will also be planned. GROUP SALES & MARKETING. Conference Services Coordinator Nikolai reported on the following and color ad material was provided: 1. Conference Center - â€¢ Revised 2004 Year-End Report. â€¢ Press/Media/Advertising 2. Convention & Visitors Bureau - â€¢ Monthly Leads Report â€¢ Group Website Progress â€¢ Press/Media/Advertising â€¢ Suzuki Student Music Institute. This new group of potentially 3-4,000 has booked for June 2006. The Park School District has been very cooperative and a 5-10 yr. contract is a possibility. Staff is researching a venue for evening performances. Mayor Baudek and staff played a significant role in this booking. â€¢ Future discussion - expansion of conference center. Trustee Habecker noted that the Music Festival in Beaver Creek is being discontinued and suggested staff research this event's potential. SPECIAL EVENTS. 1. Standard Agreements for approval: â€¢ 2005 Christmas Parade Letter of Understanding with Leslie Williams, $10,000 coordination fee, November 20. Mgr. Hinze confirmed that remedies are in place to avoid problems experienced in 2004. â€¢ Rocky Mountain Team Penning Assn., September 16-18, 2005. â€¢ Colorado Hunter-Jumper Assn., July 22-24,2005. The Committee recommends approval of all three Agreements as presented. 2. Copier Machine. The current copy machine was transferred to the Special Events Dept. in 2000, and replacement parts are now unavailable. Staff is recommending a Minolta Color 350 at a bid of $11,813 (the budgeted amount is $12,000). The bid is for an outright purchase as a lease-purchase option equates to $14,000. Color is needed for brochure production, and there are no add-ons. The 3-yr. Maintenance Agreement includes all supplies. The Committee recommends approval of the budgeted expenditure for a Minolta C350 at $11,813. Town Administrator Repola reported that future copy machines will be submitted to the Computer Tech Team for consideration. COMMUNITY SERVICES GRANT. Revised Grant Request - Circle of Friends Montessori School. Administrator Repola updated the Committee on this grant, and Program Director Kay Lawson requested the Committee consider new condition. The YMCA has advised Ms. S RECORD OF PROCEEDINGS Community Development Committee - April 7,2005 - Page 3 Lawson that as of the end of April, permanent quarters are no longer available. Two other sites are being considered and the School has completed licensing applications for both potential sites and she is filing for non-profit status. Although Ms. Lawson believes the School will be operational near May 1 St, she is requesting the Town hold the $5,000 grant until September 30,2005. At the March Committee Meeting, Janice Neuman/Early Childhood Intervention Project requested funding to promote/support early childhood care and education. At that time, the Committee recommended staff prepare an update on the availability of Community Service funds that may be available in 2005. An office has now been secured and with the Town's funding, operations could begin in June. Additionally, Ms. Neuman stated she-supports the Montessori School. The Committee recommends retaining the $5,000 grant for Montessori School until August 30,2005. Should all or any portion of this grant not be issued to the Montessori School, these funds could be allocated to the Early Childhood Intervention Project. COMMUNITY DEVELOPMENT. 1. Affordability Standards for the Annexation and Rezoninq Agreement (Draft) with Bovette and Sandra Williams, Pawnee Meadows LLC (Kochevar) and the Town. Staff submitted this item to conduct preliminary discussion. Paul Kochevar/Pawnee Meadows appeared before the Committee seeking approval of the concept and subsequent draft Annexation Agreement, rezoning request, open space waiver request, and fee waiver for the Neighborhood Subdivision. â€¢ The owners have submitted a preliminary subdivision plat and rezoning applications for this 10-acre site for Planning Commission review on May 17 h, and the owners are also petitioning to annex into the Town. â€¢ The current zoning is RE, which allows single-family lots with a net land area of 2.5 acres/lot (prior to site-specific adjustments), and the owners desire to rezone 2/3's of the land to R-1. A single-family attainable housing zoning district allows smaller lot sizes than other residential zoning districts, thus 30 single-family lots would be created and 15 of the lots would be deed-restricted as attainable housing. The remaining 1/3 of the property would be rezoned to 0-Office and divided into 3 lots for a community services building(s). The land will be donated to the Estes Valley Non Profit Resource Center, Inc., and staff is supportive of the rezoning request. â€¢ . The site is immediately north of Vista Ridge and south of Talons Pointe - both of which are Estes Park Housing Authority developments, making Â· this property a candidate for rezoning. â€¢ Attainable Housing. The R-1 District is designated as a 100% single- family attainable housing district; this subdivision is proposing a 50% attainable housing designation. i. Owner-occupied attainable housing requires buyers earning 80% or less median income and this proposal is to sell homes to buyers earning 100% of median income. This plan is due to the difficulty in buyers qualifying for a mortgage at the 80% median income rate. Mortgage Banker Rich Flannery provided additional information on the difficulty of qualifying buyers at the 80% level. j â€¢ Wendell Amos/Estes Valley Non Profit Resource Center gave background information on the effort to locate and provide rent-free facilities for volunteer organizations (24) that assist residents in need. Non-profit RECORD OF PROCEEDINGS Community Development Committee - April 7,2005 - Page 4 status has been obtained, and the group invited Salud to join them. Information on grant applications for Community Block Grant funding was also provided. Doug Frisbee/Salud Foundation confirmed the Foundation's support, adding that the project is pivotal to Salud as their expansion plans could include a dental clinic and 8 exam rooms in an 11,000 sq. ft. building. Salud could provide medical services to 80% of the needy population in the Estes Valley. Donations and timing are critical components for their construction project. â€¢ Staff is supportive of the request to waive the 15% open-space set-aside for R-1 zoned lots and will recommend to the Planning Commission that the EVDC be amended to remove this open space requirements from the R-1 District. â€¢ A fee waiver of application fees for the annexation, annexation agreement, rezoning, preliminary plat, and final plat applications totaling $10,500, and waiver of building permit application fees are being requested. Staff supports waiving fees for the attainable houses. The Committee is supportive of the concept in totality, and the waiver of fees as described, including the non-attainable units. 2. Amendment of the Development Agreement for Stanley Ave. Condominiums (Koehler). Seth Hanson and Emily Koehler/Owners are seeking approval of an amendment to the Development Agreement to remove the 3 affordable units from the originally approved plan for 26 units, thereby reducing the unit total to 23. This request is based on the market rate units that will be offered, $159,000- $199,000 - all in the affordable range, well below the median home price. Discussion followed. The Committee recommends staff be authorized to move forward with amending the Development Agreement. The developer can drop back to 23 market rate units, or build three additional affordable units at the 100% median income- qualifying limit. SPECIAL EVENTS - REQUEST TO ENTER EXECUTIVE SESSION. Stanley Park Grandstand Arena Resurfacinq Contract. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e), Chairman Doylen adjourned the meeting to Executive Session at 10:17 a.m. Chairman Doylen reconvened the meeting to Open Session at 10:35 a.m., and there being no further business, Chairman Doylen adjourned the meeting at 10:36 a.m. Vickie O'Connor, CMC, Town Clerk . - Â¥own of Estes Park Public Works Engineering Room 100, Municipal Building P.O. Box 1200, Estes Park, CO 80517 970-577-3586, qsievers@estes.org Memo TO: Mayor Baudek & Town Trustee's From: Greg Sievers Date: April 12, 2005 Re: Trail funding Resolution Background: As reported in the February 17, 2005 Public Works Committee meeting, PW staff applied for and received State grant funding in the amount of $164,800 for Phase 3 of the Fish Creek Trail. This proposed phase will connect the existing Highway 7 trail with the current ending point of the Fish Creek Trail phase 2 on Scott Avenue. This new 3000' long proposed segment will wind along the Lake Shore Drive right-of-way and open space just south of the Carriage Hills ponds. The minimum funding ratio is 80/20%. To receive the grant the Town is obligated to provide a minimum $35,000 and create a resolution to enter into Contract Agreement. Cost/Budget: The project cost estimate is $260,000. Town of Estes Park funds are available from the 2005 Larimer County Open Space account (page 182 budget book) which has budgeted $100,000 for trail/walkway projects. Recommendation: Staff requests Town Board approve Resolution #10-05 to enter into Contract Agreement with the Colorado Department of Transportation for the funding of this project and apply the budgeted value toward this project. â€¢ Page 1 i ..1 41- 24 47 V> , . .34 0.-- _-*--v=.444*14'254-1 1210 I . ... 1,1 '.a /1. ..\-24 t i. i. P. I Y. ..0 1 LyÂ» 2 ./ 9 6 . FA, C /-Â·ANÂ» im~NE:.824** e 4, r r .. . - 16 .. , 1.4 - 14/ .. 1% ' *9442 - . -.4 2 - 11"2.: 0 4 R L C : 1 - J . 4 .. 9*V A-*' : 6- *F â€¢ * .14 x : . 112 f f 2 1 '. O * 4 . . . 4 41./ 00#Shr>..fr .- k y... i ... Â»4 44 k. p 9.1 0 I â€¢ -,iiâ€¢ . a A I '24 '' 1 . ... 1 4- , ~ .. I I . * 4 4*I- I. 2 IMA '14 i Â»-â€¢*tnrze f .r, f 8/944 1 -1 zoo k : - 9,-,r.. 2_ 41: I 'f . . ' 0 0 0 te 4 i~ / * . 4 M I i *<. u , 17 [ /*97 . 1 , ..\.401 I . , ' ' 4 2(VE- 00 2 4 r. .a I I T' V 1,/ :. 4 I :.1 y ~ 441 4 4 . . 4 ~4 I f. ' .Â· J - 4 R '1* 9 1251#17.6/J ~ 571 . 1.6 0/ 0 73 4.9- . mE ZZ 0 4 Ryip'Q< ' 'Al 935> h. b ; 1,44 , RI.* .1 ' * . 1 UrÂ«b-=> ir - 1 2 Â· '.0 1,0 ; 't, U. (0 bh 4 ,/:\.4,â‚¬,Ir.7.alp . ce, " 14 . r 4- 27:CxÂ»4 7 4 ,Â£. i.2..X.p 0.-ruff....y .1. , I \ . f. 9%' 1 t ./ 11 -1524,; X ir-f.%91\ ~421 'I & 0 0 Â» ee k ' 1, 4 - . 1, *Am,6/ w-f Vt,LA,14, 41Â»-r . : // 2 .4 k O .2 4...+ itty.0 "S L: . P I.., I W . . V . k. * s. t.ire ~ 1 ~ /,42%I ' 7<5~ I -is + . 3 -11 . 44' 1 22. 2-4: 1 â€¢ ty . 22 . I:/ : i .p a= l . T t .r, 2 \ . , , F f .&1' 4 ..1 . ~ , t.1 ' 22/ , 2.29-3 I 0 4/ ,U .U P. ,Â£.4-quz--11'e~-P-- 00 f 1 I I 1 9 . . m . . . .2.21.: 9 . .1. t 4 ...1,1 . . 'd PHASE 3 bicycle trail 2005 NOI1V 33NVHN3 21Â¥d 931 93 O NM01 RESOLUTION NO. 10-05 WHEREAS, the Town of Estes Park has previously budgeted and appropriated in its 2005 Budget, sufficient funds for the Town's required financial participation in the Fish Creek Bike/Pedestrian Trail, Phase 3 (along Scott Avenue to/and Lake Shore Drive to Carriage Drive, connecting to the existing Highway 7 concrete trail); and WHEREAS, in order for the Project to commence, it is necessary for the Town to enter into a contract with the Colorado Department of Transportation; and WHEREAS the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town to approve and authorize said Contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. The Board of Trustees of the Town of Estes Park hereby approves and authorizes the execution of this contract by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation and the Town of Estes Park for the Fish Creek Bike/Pedestrian Trail, Phase 3. 2. The appropriate officials of the Town of Estes Park are hereby authorized to execute the contract as the same has been presented to the Town. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2005. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk . RESOLUTION NO. 9-05 BEING A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF ESTES PARK, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, AUGUST 2, 2005, THE QUESTION OF WHETHER THE TOWN OF ESTES PARK SHALL FORM A HOME RULE CHARTER COMMISSION AND, IF THE FORMATION OF THE CHARTER COMMISSION IS APPROVED BY THE VOTERS, PROVIDING FOR THE ELECTION OF FIFTEEN AT-LARGE MEMBERS TO THE CHARTER COMMISSION. WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, approved Ordinance No. 5-05 initiating the adoption of a home rule charter and providing for the election of charter commissioners; and WHEREAS, the Section 31-2-204 (2) C.R.S. requires that, within thirty (30) days of adopting such an ordinance, the Board of Trustees must call an election on whether to form a home rule charter commission and electing charter commission members; and WHEREAS, Section 31-10-401, C.R.S., allows the Board of Trustees to delegate to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That a special municipal election shall be held for the registered electors of the Town of Estes Park, Colorado, on Tuesday, August 2,2005. At such election there shall be submitted to such electors the question of whether the Town of Estes Park shall form a home rule commission and the election of fifteen (15) at-large members to the commission to take office if the formation of the charter commission is approved by the electors. 1 I . 2. That ballot question shall read as follows: Shall the Town of Estes Park, Colorado form a home rule charter commission? 0 Yes - No 3. That the ballot shall also provide for the selection, by each registered elector, of fifteen (15) members to the charter commission, elected at- large, to take office if the formation of the charter commission is approved by the electors; and that the ballot shall list all properly qualified candidates who are duly nominated by timely-filed petitions. 4. That the only polling placeshall be in the Municipal Building: Rooms 202-203, Municipal Building for polling place voting, August 2, 2005 (election day), 170 MacGregor Ave., Estes Park, Colorado. 5. That the polls on Election Day shall be open from 7:00 a.m. - 7:00 p.m. 6. That the Global Electronic Voting System "ACCUVOTE" shall be used in the municipal election and that the Town Clerk be and is hereby authorized and directed to perform all acts and functions necessary for the use of such voting equipment as required by the laws of the State of Colorado pertaining thereto. 7. That pursuant to Section 31-10-401, C.R.S., 1973, the Board of Trustees delegates to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. 8. That the Judges of Election shall receive for their services the sum of $10.00/ea. for Judges Training School, $100.00/ea. on Election Day, and $10.00/hr. for any Judge so assigned as deemed necessary by the Clerk. 9. That the Town Clerk of Estes Park comply with all of the applicable provisions of the Colorado Municipal Election Code of 1965, as amended, and the Municipal Home Rule-Act, and is herby authorized to take all such actions as may be necessary to conduct the election on the above-stated ballot question and selection of charter commission memb&rs, and to make such publications as may be necessary. 2 DATED this day of 2005. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 3 Â·st.4-474:. , rk'.;f.~ESTES'PARK' WRBAN. RENEWAIB*61~ZMIÂ¥0*3*i~Rfl Memorandum March 7,2005 To: Mayor John Baudek From: EPURA Chairman Al Wasson and EPURA Director Wil Smith Re: Recommendation, New EPURA Commissioner Since receiving the recent resignation of Tamara Jarolimek as EPURA Commissioner, we have been contemplating a recommendation for a new EPURA Commissioner to fill the remainder of Tamara's term, which expires in September of 2007. We are pleased to recommend the appointment of John Ericson. John is a downtown businessman and a graduate of the 2004 class of the Citizen's Information Academy (CIA). Upon completing the CIA, John had expressed an interest in serving as an EPURA Commissioner, should the opportunity arise. We have talked with John and he is still interested in serving. We think that John would be an excellent addition to the EPURA Board and therefore recommend that you consider his appointment. Let us know if you have questions or want to discuss our recommendation. dt MJE"-\ 01 6-44 170 MacGregor Avenue PHONE (970) 577-3704 P.O. Box 1200 FAX (970) 586-2816 Estes Park, CO 80517 E-MAIL wsmith@estes.org USA July 8, 2004 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: E The application was filed April 5.2005 0 The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Corporation 0 There is a police report with regard to the investigation of the applicant. E Status of T.I.P.S. Training: Unscheduled Scheduled X Completed (Pending Confirmation) MOTION: Move the Transfer Application filed by Monteqo Bav Enterprises, Inc. , doing business as WAPITI RESTAURANT & PUB for a Tavern License be approved/denied. Business Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Tom Pickering, Director of Business Development Date: April 12, 2005 Subject: Fall River 2nd & 3rd Additions Background. In the spring of 2004, the Town Board directed the Business Development Director to begin offering an annexation package to those businesses out of the Town Limits, but within the annexation limits. The purpose of the annexations is to offer businesses that would like to voluntarily annex into the Town of Estes Park a simple way to proceed with the expenses being paid by the Town. The benefits to the businesses included town rates on water, town services, and inclusion in the CVB services. The benefit to the Town is additional businesses collecting town sales tax. The Fall River 2rd and 3rd addition is comprised of Workshire Lodge, Fawn Valley Inn, McGregor Mountain Lodge and Warren and Ruth Clinton's properties. Staff has met with the owners or representatives of these businesses and presented the program. The Fawn Valley Inn property is comprised of 72 condominiums, with approximately 50 owners, in two home owner associations and a private developer that owns a parcel in the center of the property. The original management group that petitioned for annexation has changed. It was not clear to staff of the homeowners associations and their home owner board arrangements from the original letter. Through several phone calls and meetings with homeowners, the associations, and the developer, it has become clear that more time will be required for this property. The Home owners associations and developer have requested to be removed from the current annexation to allow them more time to query their members and become more fully informed about the impacts and requirements associated with annexing. Many of the owners are from out of town, and have not been fully informed on this process. Staff has visited with or met with 2 of the three other owners in the annexation and they are in agreement to move forward with the annexation without Fawn Valley at this time. . Budget. NA RECOMMENDATION: Deny the application for annexation of Fall River 2nd & 3rd Additions. Direct staff to proceed with new boundaries for annexation of Workshire Lodge, McGregor Mountain Lodge, and the Clinton's properties. j â€¢ Page 2 Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner -I3,/5 Date: April 12, 2005 Subject: Fall River Annexations Background. In the spring of 2004, the Town Board directed the Business Development Director to begin offering an annexation package to businesses out of the Town Limits. The Business Development Director began negations with the Fawn Valley Homeowner's Association, and determined Fawn Valley was willing to annex. However, after the annexation application process had formally begun, the Fawn Valley Homeowner's Association decided they did not wish to annex, and has therefore withdrawn from this petition. Per Colorado Annexation Law, 31-12-101 et seq C.R.S., provides in Section 31-12- 107(1) C.R.S. that no person signing a petition for annexation shall be permitted to withdraw his signature from the petition after the petition has been filed with the Town Clerk. Based on this provision, the annexation application must move forward as submitted. Because the Fawn Valley Homeowner's Association does not wish to annex, Staff recommends this particular application be denied, and a new annexation petition that excludes Fawn Valley will be submitted and processed. Budget. The cost has been budgeted for in the Community Reinvestment Fund. Action. Staff recommends DISAPPROVAL of the proposed annexations of Fall River Second and Third Additions. . 4 Fall River Second Addition Property Owner: Parcel ID: Zoning: Fawn Valley Chalets, Inc 3516407001 "A" Fawn Valley Chalets, Inc 3516405001 "A" Fawn Valley Inn Owners Association 3516408001-8011 "A" Fawn Valley Inn Owners Association 3516409001-9011 "A" Fawn Valley Inn Owners Association 351641001 "A" Fawn Valley 3516400093 "A" Workshire Lodge 3515300006 "A" McGregor Mtn. Lodge 3516400079 "A" Fall River Third Addition Property Owner: Parcel ID: Zoning: J. Warren Clinton 3516400096 "A" Alpenglow Lodge (Warren Clinton) 3516400087 "A" Alpenglow Lodge (Warren Clinton) 3516400034 "A" J. Warren and Ruth Clinton 3516400091 "A" J. Warren and Ruth Clinton 3516400027 "A" RESOLUTION NO. 11-05 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as "FALL RIVER SECOND & THIRD ADDITIONS" to the Town of Estes Park is as follows: Second Addition: A tract of land located in the Southeast 1/4 of Section 16 and the Northwest 1/4 of Section 15, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the Northwest comer of said Section 15 as monumented by a 2 1/2" brass cap on a 1" pipe and with all bearings relative to the West line of the Northwest 1/4 of said Section 15 considered as bearing N 01Â°19'00" E, the south end of said line being monumented by a 2 1/2" G.L.O. brass cap stamped 1925; thence S 01Â°19'00" W a distance of 824.59' to a Highway Right-of-Way monument, more particularly described as a 3" brass cap in concrete at station 270+50 and the TRUE POINT OF BEGINNING; thence departing said section line 574.10' on a curve to the left along the northerly edge of the highway right-of-way with a radius of 1,960.0' and a chord bearing of N79Â°10'01"W and a chord length of 572.05'; thence N87Â°44'13"W a distance of 145.98'; thence N87Â°25'35'W a distance of 197.72'; thence N73Â°56'30"W a distance of 130.68'; thence N73Â°53'49'W a distance of 177.36'; thence departing said right-of-way N75Â°14'12"W a distance of 716.21'; thence S63Â°08'34"E a distance of 285.74'; thence S62Â°58'00"E a distance of 151.10'; thence S62Â°37'05"E a distance of 234.02'; thence departing southern edge of said highway right-of-way SOOÂ°58'00"W 268.40' more or less to the centerline of Fall River, thence southeasterly along the centerline of said Fall River S83Â°25'44"E a distance of 516.99'; thence continuing along centerline of river S82Â°14'56"E a distance of 276.02'; thence S82Â°14'56"E a distance of 49.46'; thence S74Â°13'56"E a distance of 117.25'; thence S74Â°57'54"E a distance of 46.38'; thence departing said centerline of river N01Â°19'00"E a distance of 195.39' to the southern edge of the highway right-of-way; thence along said right-of-way S78Â°34'21"E a distance of 304.97' to the east section line of said Section 16; thence departing said section line and continuing along said southern right-of-way S69Â°29'00"E a distance of 85.00'; thence departing said highway right-of-way S37Â°52'00"W a distance of 134.70'; thence N88Â°41'00"W a distance of 235.70'; . .1 thence S01Â°19'00'W a distance of 120.04' more or less to the said centerline of Fall River; thence continuing along said centerline of Fall River S67Â°03'46"E a distance of 50.88'; thence continuing along said centerline S53Â°01'57"E a distance of 190.50'; thence N89Â°17'01"E a distance of 33.39'; thence EAST a distance of 528.00'; thence NOOÂ°00'00"E a distance of 330.00'; thence N89Â°54'55"W a distance of 100.44' to the said northern edge of the highway right-of-way; thence along said right-of-way N53Â°48'00"W a distance of 3.34'; thence N69Â°29'00"W a distance of 441.58' more or less to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 15.97 Acres. Third Addition: A tract of land located in the Southeast 1/4 of Section 16 and the Northwest 1/4 of Section 15, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the Northwest comer of said Section 15 as monumented by a 2 1/2" brass cap on a 1" pipe and with all bearings relative to the West line of the Northwest 1/4 of said Section 15 considered as bearing N 01Â°19'00" E, the south end of said line being monumented by a 2 1/2" G.L.O. brass cap stamped 1925; thence S 01Â°19'00" W a distance of 824.59' to a Highway Right-of-Way monument, more particularly described as a 3" brass cap in concrete at station 270+50 and the TRUE POINT OF BEGINNING; thence departing said section line 574.10' on a curve to the left along the northerly edge of the highway right-of-way with a radius of 1,960.0' and a chord bearing of N79Â°10'01"W and a chord length of 572.05'; thence N87Â°44'13"W a distance of 145.98'; thence N87Â°25'35"W a distance of 197.72'; thence N73Â°56'30"W a distance of 130.68'; thence N73Â°53'49'W a distance of 177.36'; thence departing said right-of-way N75Â°14'12"W a distance of 716.21'; thence 663Â°08'34"E a distance of 285.74'; thence S62Â°58'00"E a distance of 151.10'; thence S62Â°37'05"E a distance of 234.02'; thence departing southern edge of said highway right-of-way SOOÂ°58'00"W 268.40' more or less to the centerline of Fall River; thence southeasterly along the centerline of said Fall River S83Â°25'44"E a distance of 516.99'; thence continuing along centerline of river S82Â°14'56"E a distance of 276.02'; thence S82Â°14'56"E a distance of 49.46'; thence S74Â°13'56"E a distance of 117.25'; thence S74Â°57'54"E a distance of 46.38'; thence departing said centerline of river N01Â°19'00"E a distance of 195.39' to the southern edge of the highway right-of-way; thence along said right-of-way S78Â°34'21"E a distance of 304.97' to the east section line of said Section 16; thence departing said section line and continuing along said southern right-of-way S69Â°29'00"E a distance of 85.00'; thence departing said highway right-of-way S37Â°52'00'W a distance of 134.70'; thence N88Â°41'00"W a distance of 235.70'; thence SolÂ°19'00"w a distance of 120.04' more or less to the said centerline of Fall River; thence continuing along said centerline of Fall River S67Â°03'46"E a distance of 50.88'; thence continuing along said centerline 653Â°01'57"E a distance of 190.50'; thence N89Â°17'01"E a distance of 33.39'; thence EAST a distance of 528.00'; thence N00Â°00'00"E a distance of 330.00'; thence N89Â°54'55'W a distance of 100.44' to the said northern edge of the highway right-of-way; thence along said right-of-way N53Â°48'00"W a distance of 3.34'; thence N69Â°29'00'W a distance of 441.58' more or less to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 15.97 Acres. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern . Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. Fall River Second and Third Additions are zoned "A' Accommodations. Section 8. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2005. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of, 2005 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2005, all as required by the Statutes of the State of Colorado. Town Clerk . ORDINANCE NO. 6-05 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS FALL RIVER SECOND & THIRD ADDITIONS BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 2nd day of December , 2004 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the 8#1 day of March , 2005, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annexation plat on Tuesday, April 12, 2005 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., on the 12th day of April , 2005. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as FALL RIVER SECOND & THIRD ADDITIONS to the Town of Estes Park, Colorado, is hereby approved: Second Addition: A tract of 'land located in the Southeast 1/4 of Section 16 and the Northwest 1/4 of Section 15, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the Northwest corner of said Section 15 as monumented by a 2 1/2" brass cap on a 1" pipe and with all bearings relative to the West line of the Northwest 1/4 of said Section 15 considered as bearing N 01Â°19'00" E, the south end of said line being monumented by a 2 1/2" G.L.O. brass cap I , stamped 1925; thence S 01Â°19'00" W a distance of 824.59' to a Highway Right-of-Way monument, more particularly described as a 3" brass cap in concrete at station 270+50 and the TRUE POINT OF BEGINNING; thence departing said section line 574.10' on a curve to the left along the northerly edge of the highway right-of-way with a radius of 1,960.0' and a chord bearing of N79Â°10'01"W and a chord length of 572.05'; thence N87Â°44'13"W a distance of 145.98'; thence N87Â°25'35"W a distance of 197.72' thence N73Â°56'30"W a distance of 130.68'; thence N73Â°53'49"W a distance of 177.36'' thence departing said right-of-way N75Â°14'12"W a distance of 716.21'; thence S63Â°04'34"IE a distance of 285.74'; thence S62Â°58'00"E a distance of 151.10'; thence S62Â°37'05"E a distance of 234.02'; thence departing southern edge of said highway right-of-way SOOÂ°58'00"W 268.40' more or less to the centerline of Fall River; thence southeasterly along the centerline of said Fall River S83Â°25'44"E a distance of 516.99'; thence continuing along centerline of river S82Â°14'56"E a distance of 276.02'; thence S82Â°14'56"E a distance of 49.46'; thence S74Â°13'56"E a distance of 117.25'; thence S74Â°57'54"E a distance of 46.38'; thence departing said centerline of river N01Â°19'00"E a distance of 195.39' to the southern edge of the highway right-of-way; thence along said right-of-way S78Â°34'21"E a distance of 304.97' to the east section line of said Section 16; thence departing said section line and continuing along said southern right-of-way S69Â°29'00"E a distance of 85.00'; thence departing said highway right-of-way S37Â°52'00"W a distance of 134.70'; thence N88Â°41'00"W a distance of 235.70'; thence S01Â°19'00"W a distance of 120.04' more or less to the said centerline of Fall River; thence continuing along said centerline of Fall River S67Â°03'46"E a distance of 50.88'; thence continuing along said centerline S53Â°01'57"E a distance of 190.50'; thence N89Â°17'01"E a distance of 33.39'; thence EAST a distance of 528.00'; thence N00Â°00'00"E a distance of 330.00'; thence N89Â°54'55"W a distance of 100.44' to the said northern edge of the highway right-of-way; thence along said right-of-way N53Â°48'00"W a distance of 3.34'; thence N69Â°29'00"W a distance of 441.58' more or less to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 12.91 Acres. Third Addition: A tract of land located in the Southeast 1/4 of Section 16 and the Northwest 1/4 of Section 15, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commendng at the Northwest comer of said Section 15 as monumented by a 2 1/2" brass cap on a 1" pipe and with all bearings relative to the West line of the Northwest 1/4 of said Section 15 considered as bearing N 01Â°19'00" E, the south end of said line being monumented by a 2 1/2" G.L.O. brass cap stamped 1925; thence S 01Â°19'00" W a distance of 824.59' to a Highway Right-of-Way monument, more particularly described as a 3" brass cap in concrete at station 270+50 and the TRUE POINT OF BEGINNING; thence departing said section line 574.10' on a curve to the left along the northerly edge of the highway right-of-way with a radius of 1,960.0' and a chord bearing of N79Â°10'01'W and a chord length of 572.05'; thence N87Â°44'13"W a distance of 145.98'; thence N87Â°25'35'W a distance of 197.72'; thence N73Â°56'30"W a distance of 130.68'; thence N73Â°53'49'W a distance of 177.36'; thence departing said right-of-way N75Â°14'12"W a distance of 716.21'; thence S63Â°08'34"E a distance of 285.74'; thence S62Â°58'00"E a distance of 151.10'; thence S62Â°37'05"E a distance of 234.02'; thence departing southern edge of said highway right-of-way SOOÂ°58'00'W 268.40' more or less to the centerline of Fall River; thence southeasterly along the centerline of said Fall River S83Â°25'44"E a distance of 516.99'; thence continuing along centerline of river S82Â°14'56"E a distance of 276.02'; thence S82Â°14'56"E a distance of 49.46'; thence S74Â°13'56"E a . 1 distance of 117.25'; thence S74Â°57'54"E a distance of 46.38'; thence departing said centerline of river N01Â°19'00"E a distance of 195.39' to the southern edge of the highway right-of-way; thence along said right-of-way S78Â°34'21"E a distance of 304.97' to the east section line of said Section 16; thence departing said section line and continuing along said southern right-of-way S69Â°29'00"E a distance of 85.00'; thence departing said highway right-of-way S37Â°52'00"W a distance of 134.70'; thence N88Â°41'00"W a distance of 235.70'; thence SolÂ°19'00'W a distance of 120.04' more or less to the said centerline of Fall River; thence continuing along said centerline of Fall River S67Â°03'46"E a distance of 50.88'; thence continuing along said centerline S53Â°01'57"E a distance of 190.50'; thence N89Â°17'01"E a distance of 33.39'; thence EAST a distance of 528.00'; thence NOOÂ°00'00"E a distance of 330.00'; thence N89Â°54'55"W a distance of 100.44' to the said northern edge of the highway right-of-way; thence along said right-of-way N53Â°48'00'W a distance of 3.34'; thence N69Â°29'00"W a distance of 441.58' more or less to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 15.97 Acres. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. Fall River Second and Third Additions are zoned "A" Accommodations. Section 8. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF 2005. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of, 2005 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2005, all as required by the Statutes of the State of Colorado. Town Clerk Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola ~k Date: April 8,2005 Subject: CACEP Request for FOSH Funds Background In the spring of 2003, the Town and EPURA began collaborating on a project to construct a performing arts facility in the Weist parking lot. Subsequently, in the spring of 2003, the Town joined with EPURA in an effort to design and construct a facility for the performing and visual arts in the Weist parking lot. A design team was hired to determine the community needs and design a facility to meet those needs and fit on the Weist lot. The design concept, a 44,000 square foot facility was estimated to cost between 8.3 and 10 million dollars to build. In November 2003, the Town elected to hire AMS Research & Planning to conduct a feasibility study (the total cost for the study was $30,742). In July, 2004, AMS presented its findings: the proposed theatre would require a General Fund subsidy of approximately $250,000 to $379,000. Based upon this information and due to the size of the needed subsidy, the Town Board goal team (#7) began investigating other options. Alternative plans and sites were considered including: a scaled back version of the original plan, the high school, a publidprivate joint venture and a CACEP proposal. None of the alternatives considered were acceptable to the goal team due to costs, location or concept. CACEP was advised of the goal team's position. CACEP has subsequently begun negotiations with EPURA to purchase the 4700 square foot condo that EPURA will receive as payment for its property on West Elkhom. In their effort to secure funds for this transaction, CACEP president Michael Oline has submitted a written request for the FOSH funds. Bennet Penn, past president of FOSH has indicated that FOSH members are not in favor of transferring the remaining funds to CACEP at this time. Budget The FOSH fund has an unrestricted fund balance of $380,882. Action Staff requests consideration of the CACEP request. .. Town Board Goal #7 "Finalize feasibility options for building a performing and visual arts center." Objectives â€¢ Develop a venue for the performing and visual arts â€¢ Create an economic boost to downtown â€¢ Minimal General Fund subsidy Histotical Context â€¢ Project started in 2003 â€¢ Joint effort with EPURA â€¢ Original plan included purchase of Park Theatre â€¢ Construction budget of about $6-7 million for 44,000 sq. feet â€¢ Operating shortfall estimated at $250K to $379K per year 1 Alternatives â€¢ Smaller facility, same location â€¢ Shared facility with High School â€¢ CACEP proposal â€¢ Private/Public venture Smaller Facility â€¢ Located in Weist Parking lot â€¢ 30,000 sci. feet â€¢ Construdion cost of $5.7M â€¢ Requires replacement of lost parking â€¢ No operating cost estimate â€¢ Not viable â€¢ Subsidy is assumed to be close to original estimate â€¢ Would require loan for construction Shared Theatre with High School â€¢ Adequate parking â€¢ Start with existing theatre location â€¢ Would require major renovation â€¢ Replace lost classroom space elsewhere on campus â€¢ Remove poured concrete walls â€¢ Not viable â€¢ khool District has no funds for construdion 2 CACEP Proposal â€¢ Privately funded â€¢ Donations for construction â€¢ Combination of gallery and multi-use space â€¢ Emphasis is on visual arts â€¢ Temporary seating â€¢ Not viable â€¢ Too much gallery, not enough theatre Public/Private Facility â€¢ Located east of Library â€¢ Combination of commercial space, theatre and parking structure â€¢ Requires Town to provide long-term land lease â€¢ Town to be tenant of theatre â€¢ EPURA assist with parking structure â€¢ Not viable â€¢ GF subsidy for lease and operations â€¢ EPURA not able to fund parking structure Project Status â€¢ "On hold" â€¢ Work to improve local economy â€¢ General Fund revenues not adequate to support new services â€¢ Consider other options 3 Friend of Stanley Hall (FOSH) â€¢ $475,435 â€¢ Balance: $380,882 â€¢ Funds used = $109,184 â€¢ $78,442 on design â€¢ $30,742 feasibility study â€¢ Income â€¢ $14,632 interest earned FOSH Agreement â€¢ Written agreement May 2002 â€¢ Uses â€¢ "Partial funding for the design and construction of a facility for the presentation of performing a rts." â€¢"The Town may be the sole owner or lessee of the facility and/or may partner with another entity..." FOSH Agreement â€¢ Timelines â€¢ 4 years to determine feasibility â€¢ Total of 7 years to complete construction , â€¢ If not feasible, Town has options â€¢ Donate the funds to a nonprofit involved with performing arts â€¢ Recipient may be within Estes Valley or Northern Colorado 4 Goal Team 7 â€¢ Consider use of Lot 4, Stanley Addition for a joint venture â€¢ Recommends denial of CACEP request at this time 5 . '1 I . AGREEMENT This Agreementbetween the Friends of Stanley Hall,Inc., a Colorado Nopprofit Corporation ("FOSH") and the Town of Estes Park (the "Town") made this /4-thday of *1 A# ,2002. WITNESSETH l. FOSH was organized in 1992 for the purpose of soliciting funding for the purpose of supporting the cultural and performing arts within the Estes Park Area. 2. As part of the above stated purpose, FOSH solicited and obtained funds for the renovation of Stanley Hall. 3. Due to factors beyond the control of FOSH and the Town, Stanley Hall is not available for renovation by the Town and FOSH. 34 4. FOSH hhs at its disposal approximately $41674353-FOSH wishes to make these funds available to the Town for use by the Town for the promotion and development of cultural and performing arts within the Estes Valley. 5. The Town is willing to accept these funds pursuant to the terms and conditions of this Agreement. NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Within_30 days ofthedateofthis Agreement, FOSH shall transfer to the Town 34 the sum of.475,435- -=- Said funds shall be transferred to the Town by FOS H freeand clearof anyclaims, liens, orencumbrances. The fundstransferredshall be subject to the terms and conditions of this Agreement. 2. The Town agrees to accept said funds from FOSH. Upon receipt of the funds, the Town shall segregate these funds from all other funds of the Town. . 3. The Town shall use said funds as follows: a. As partial funding for the design and construction of a facility for the presentation of performing arts. Said facility may be a part of or combined with other uses in a multi-purpose facility. Said facility may be either an indoor or partially enclosed facility. The Town may be the sole owner or lessee of the facility and/or the Town may partner with another entity for the design, construction, and operation of the facility. b. The Town shall have four (4) years from the date of this Agreement to determine whether or not the facility, as described in paragraph (a) above is feasible. Said decision shall be in the sole discretion of the Town. If the Town does determine within said four (4) year period that such a facility is feasible, the Town shall have a total of seven (7) years from the date of this Agreement to design and substantially complete construction of said facility and use the FOSH funds for said facility. c. In the eventthe Town determines, within the original four (4) year period, that a facility is not feasible, the Town then shall have the following options with regard to the funds. 1) Donate the funds to any nonprofit organization whose primary focus is within the Estes Valley and whose nonprofit purpose involves the performing arts. 2) If the Town determines, in its sole discretion, that there is no appropriate organization within the Estes Valley which provides support for the performing arts, the Town may donate the funds to such an organization located within the Northern Colorado area. 4. All of the funds shall be disposed of by the Town pursuant to this Agreement within seven (7) years of the date of this Agreement. 5. This Agreement contains the entire understanding of the parties. Any amendments or modifications hereto shall be in writing and executed by both parties. 6. In the event of any default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said 10-day period, the -2- non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages. Damages shall include all reasonable attorneys fees and court costs incurred by the non-defaulting party. 7. All notices, demandsor 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 as follows: Town of Estes Park Friends of StaAIey Hall - r) Attn: Town Administrator Attn: Mea nitt- /'2'(A/ P.O. Box 1200 'Qll Make, Dr Estes Park, Colorado 80517 Estâ€¢s Pa.rk, Co 90 57 + IN WITNESS WHEREOF, these parties hereby execute this Agreement. FRIENDS OF STANLEY HALL, INC. n D 1 GUEZ~~-gtaL----- By: TOWN OF ESTES PARK By: 6~' ~2&04~~Â£ All-EST: 0 - -----~521*â‚¬g~@li~~----1 TOWN CLERK 1 32/66/ -3- April 4,2005 Mr. Randy Repola Estes Park Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 Re: Formal Request for FOSH Funds Dear Mr. Repola: I have been directed to formally request the full release of the Friends of the Stanley Hall (FOSH) Funds to the Cultural Arts Council of Estes Park to fund improvements + Fine'Art ~Aibitions that will enhance the community through the development of a Center for the Arts in the Riverspointe Downtown Building in Estes Park and to improving other venues + Performing Arts currently in use for arts programming. This came as the result of a majority vote of *Arts Information our Board of Directors and Executive Committee (listed on our letterhead) for request of the FOSH Funds. The other motion approved by our Board is to formally move to acquire the 4,750 sq. ft. condominium from EPURA at Riverspointe Execubie Commitee property to establish the Center for the Arts. MAe O|Ine Pres,det Ron Wicocks, 'ice pres,t Uncb Ehlan, Secretiy The 501 (c)(3) non-profit organization, Cultural Arts Council of Estes Park (CACEP) Da'e Schutz Treauer and its affiliate members have been working hard to support all forms of art in the 0â€¢ectors fÂ¢ Lag Deem Boleman greater Estes Park area for 15 years. We (as a voice representing the majority of Robert Keep the arts organizations in the area) are requesting that the entire current FOSH funds 1,~tn Salnders be immediately released to Cultural Arts Council to support and realize all the stated goals that are associated with the use of the FOSH funds. The time has Lynda S Vogel E.eabm Droctor come and real projects are at hand to finally implement these important goals for Afliletes,Scard of Directors our community. There is A loud voice and strong support for the release and use Art Caerd ErÂ·39 Pak of these funds to benefit our community, now. Olarrtler taisc Societiof Eges Psk Estes Pak Ama NiSE TeEchers Assoc ' Estes Pat Jan Bg Band The proposed facility is approximately the same square footage as the Stanley Estes PA VIR393 BEnd Fne Arts GuM ofte Rolces Concert Hall and provides many benefits over that previous option. Among the KREV L.PFM 104 7 benefits are: 1) Our proposed center is self-supporting, (No request from the town RAergde Rambes Rocky Rdge FA.st O3ne to provide any operating funds) as all operating funds will be directly from the arts Representees 04 0*idual abst community itself, 2) the facility will be owned by the local arts community and used Associate Members solely for the benefit of our local community as opposed to the previous option EPTÂ·/ Chernel 8 (Stanley Hall) which was owned by the Stanley Hotel, with the privilege of first right Esles Pak Ce*erMACA of te Rocloes Estes Pak (hanber of Commeme of use -- to the detriment of the local arts community, 3) there is a strong support KEZ 1470 AM from the local arts community, and 4) the new multi-purpose Center for the Arts is Per: R.3 SchooIDENt in a far superior location and will directly benefit the downtown business core of Rocky Nburltan Namal Park Estes Park (another stated goal for use of these FOSH funds). Many members of our community who donated cash, inkind services and volunteer efforts in the original FOSH campaign have endorsed our request for the release of the funds, as it meets or exceeds the original stated requirements for use of these funds. Box 4135 Estes Park, CO 80517 Phone: 970.586.9203 Fax: 970.586.9254 www.EstesArts.com cacep@earthlink.net Fine Art Gallery 304 E. Elkhorn Ave. Estes Park, Colorado It is the intent of the Cultural Arts Council to utilize a portion of the funds to update local facilities for our large performing as well as smaller performing arts groups. The remaining funds will be used towards the purchase of the condominium space from EPURA. It is not the intent of the Cultural Arts Council to deprive anyone of use of these funds but to signifi- cantly increase the value of these funds through the growth in equity that the Center for the Arts will provide (estimate that the current FOSH account of 380,000 will grow through the equity growth to approximately $1.5-2 million in five years). This $1.5-2 million in equity can then be used in the future for use in development On collaboration with the Town) of a much larger arts complex. Using the FOSH funds as an additional capital endowment, we intend to gamer remaining funds through grants and donations. We are pursuing various grants and all financial options available and will be greatly aided in our pursuit towards grants by the fact that we have shown public support through the use of the FOSH funds. We fully intend to follow through with the acquisition of this property, with or without the FOSH Funds. Under the direction of the Board of Directors of the Cultural Arts Council and the support of our community, we urge timely release of the FOSH funds to help achieve success in the stated goals for their use. There is no longer a need for delay as the arts community is ready to proceed. This facility will do much for our desire to assist the Arts of Estes Park (performing, visual, written, film, ...) in realizing their goals and also help make Estes Park known also as a place to enjoy fine art and performance along with the fine scenery. The centralized location will make it more likely for visitors to discover the arts available in Estes Park. This will also give us a better chance to direct these people to the wide variety and locations of art available. The facility can se,ve asa known and centralized location for tickets to local events. It is also part of the plan to have an all-hours accessible kiosk for dissemination of information about local arts. Along with having a bigger area for visual arts, especially for shows like the prestigious ARTS for the PARKS, we will put in a stage, cinema screen and a seating area (300 removable seats) along with a state of the art lighting and sound system. This will be available for the many performing arts activities that must jockey for spaces that are scattered around town and thus get low visitation by tourists. This space is flexible by design and will allow for two different events to occur at the same time. Lastly, having a Center for the Arts in the Riverspointe area, would work hand-in-hand with EPURA's desire to make the Riverwalk a popular destination. Thank you for this opportunity to request the FOSH Funds. Sincerely, Mike Cline President - Cultural Arts Council of Estes Park Box 4135, Estes Park, CO 80517 970-586-9203 Cc. Estes Park Board of Trustees Enclosures: Endorsements - 1. CACEP Handout on the FOSH Req uest / V) 0141 E- Sponsored by CACEP - Page 1 of 1 01 CON NOE 4/12/2005 Proposal for FOSH Funds: To advocate for immediate release of all existing FOSH funds (approx $375K) to be allocated to the local Estes Park Arts Community to be used for current projects to improve and add to our performing and visual arts facilities with emphasis towards benefiting the Performing Arts. The CACEP Plan for FOSH Funds: â€¢ Allocate 88% ofthe FOSH funds ($330K) to improve and add to local Estes Park area Performance Arts facilities. â€¢ Allocate 12% ofthe FOSH funds ($45K) to improve local Estes Park Visual Arts facilities. â€¢ Proposed Allocation for the $375K FOSH fund: 1) Improve Estes Park High School Theater (New A/C, lights and Sound) â€¢ Estimated cost: $40K to $80K (let's assume we allocate $75K) â€¢ All of this $75K is completely allocated for Performing Arts uses 2) Provide seed money for a proposed Fine Arts Guild of Estes Park Hempel Improvement Project (physical addition and interior improvements to Hempel) m Estimated donation to the project: $150K â€¢ All of this $150K is completely allocated for Performing Arts uses 3) Provide seed money for a proposed multi-use Center for the Arts in downtown Estes Park â€¢ Estimated donation to the project $150K â€¢ 70% of this $150K is allocated towards necessary performing arts needs in the new facility (stage, stage lighting, sound system, retractable film screen, 300 seats, seat risers, piano, dressing room and soundproofing). Therefore, $105K is allocated for Performing Arts uses. â€¢ 30% ofthis $150K is allocated to general tenant finish and specific visual arts needs (gallery lights, gift shop fixtures, window coverings, double-wide door, hanging hardware, kitchen appliances and an alarm system). Therefore, only $45K is allocated for Visual Arts uses out ofthe entire $375K available. â€¢ Art and the industries surrounding Art are an important and growing part of our Town and our Town's economy. There are real needs in our Arts Community and real projects that, if implemented, will improve our local Estes Park arts infrastructure. These projects involve no taxes or subsidies from our Town. The time is now to release the FOSH funds to the local Estes Park arts community and to use them as sound investments towards a better future. For more information, www.EstesArts.com or call 970-586-9203 CACEP Handout on the Center for the Arts in Estes Park Sponsored by CACEP, Page 1 of 2 4/12/2005 Proposal: To Build and Operate a Multi-Purpose Center for the Arts in downtown Estes Park. This center would be a home for the arts in downtown Estes Park This facility is planned to be configured to support both performance, literary and visual arts. This facility will be open and available to all Arts groups year round. Proiect Specifics: â€¢ Opening as soon as 6/15/2005 â€¢ Located on the Riverwalk, near W. Elkhorn â€¢ Approximately 4750 sq.ft ofMulti-Use Arts Space plus an additional Indoor Foyer Area â€¢ Approximately 300 Flexible Seating Capacity for Performances â€¢ State of the Art Lighting and Sound â€¢ Raised Stage with Piano â€¢ Class "A" Gallery Space â€¢ Small "Arf' Gift Area (a small museum-type gift shop) â€¢ Kitchen, Bathroom, Dressing Room and Storage Areas â€¢ Flexible Teaching/Entertaining Areas Proiect Benefits: â€¢ Serves as an Year Round Economic Stimulus for Downtown Estes Park (positive boost for shops, galleries, restaurants, and lodging) â€¢ Provides a Year Round and Central Home for Estes Area Arts (all venue ticket sales, area wide arts information, gallery information, etc.) â€¢ Provides a Year Round Downtown Music Venue that can be used rain or shine, day or night (up to about 300 seats) â€¢ Provides a Downtown Performance Venue (film festivals, poetry readings, comedy acts, small sized plays) for performances all year round, day or night (up to around 300 seats) â€¢ Provides Estes Park a world class gallery space suitable for prestigious national shows and all our local show offerings â€¢ The Arts Community will own the asset (and can thus leverage it in the future when the community is trying to pursue a larger Future Arts Facility). This asset will appreciate over time and can be sold in the future with the entire proceeds going towards a Future Arts Facility. â€¢ A Center for the Arts in downtown Estes Park will benefit the local real estate market â€¢ Requires no Ongoing Operating subsidy from the town (the operations are self-funded) â€¢ Building funds are raised by a non-profit Arts Group (CACEP) and require no subsidy from the Town of Estes Palic â€¢ Fulfills stated EPURA goal of having a facility for the Arts in the Riverspointe building and on the Riverwalk â€¢ Fulfills stated Goal 7 Team goal of having a multi-use Arts facility in downtown Estes Park Other Considerations: â€¢ It's not the 400-600 seat (it's only 300 seats) Performance Arts space that was once proposed to be built, subsidized and operated by the Town of Estes Park Not all performing groups can be accommodated in this space, but the majority of performers and groups are small in size and scope and can be accommodated nicely. â€¢ It's not the 20,000 sq ft (it' s only about 5000 sq ft) Multi-Use Arts facility originally proposed for the site. But it is a realistic project that will add significant value to downtown business and to our Arts Community. â€¢ The 11 foot ceiling height is not considered the best for stage lighting or sound, but after some basic research it appears that 11 feet will work nicely for the expected uses. â€¢ There are no known or expected traffic issues resulting directly from this project Daytime traffic/parking is similar to any proposed use for the site and much project use is in the evening when parking is rarely a problem. There are approximately 281 spaces within about two blocks. Proiect Funding: â€¢ Ongoing Operating Funds - Primarily from ticket sales, show snacks, donations, gift shop sales, use as a training facilily and investments. â€¢ Purchase Funds - CACEP private financing - EPURA Paid in Full by CACEP â€¢ Tenant Finish Funds - Grants (two grant writers engaged as of 3/30/05), Donations (started coming in on 3/6/05) and FOSH (not resolved) CACEP Handout on the Center for the Arts in Estes Park Sponsored by CACEP, Page 2 of 2 4/12/2005 Operating Budget Analvsis Overview: â€¢ Estimated Yearly Operating Expenses: $109,000 â€¢ Estimated Yearly Low Income Stream: $136,500 â€¢ Estimated Yearly Med Income Stream: $462,000 , â€¢ Estimated Yearly High Income Stream: $859,500 â€¢ The facility is estimated to run a profit of $27,500 when using the Lowest income stream estimates â€¢ The facility is estimated to run a profit of $750,500 when using the Highest income stream estimates â€¢ All profits will be invested to better their yield over time. i Booking and Administration Plan: â€¢ A booking plan will be formulated by the local Arts Community that will guarantee the availabilily to eligible Arts groups of Estes Palk that is mindful of the limited finances of these arts groups and the solvency of the proposed Center itself. â€¢ All Estes Pack area art groups will have input in defining the final booking plan for the Center. â€¢ The Center will operate at least 360 days per year and can be configured into two spaces for simultaneous use.. This provides for a minimum of about 360 days ofuse and a maximum of 720 days ofuse. â€¢ There will be a level of FREE access for some number of days to each eligible, local, Estes Palk area arts group. For example, a small group such as the Estes Park Music Teachers Association may be allotted five, guaranteed, free dates per year. â€¢ Similarly, there will be a level of discounted-rate access for some number of days to eligible, Estes Park area arts group usage AND there will be a level of full-late access for all remaining days to any eligible group to book. Sample of Potential Users: â€¢ Area Music Students and Teachers (Recitals) â€¢ CACEP Visual Artist Workshops (local and national â€¢ Area Amateur and Professional Musicians and Groups artisUteachers) (Dozens of local musiciang and groups are interested in â€¢ Art Center Visual Artist Workshops (local and regional playing) ' artist/teachers) â€¢ Area Poets (Poetry readings) . 6 Gallery and Private Sponsored Visual Artist Workshops â€¢ Area Dance Students and Teachers (Recitals) â€¢ Estes Park Village Band Concerts â€¢ Area Filmmakers (Local Filmmaker Premiers, Art Film â€¢ Riverside Rambler Concerts Festivals) â€¢ Estes Park Jazz (Small) Band Concerts â€¢ Rocky Ridge Music Students and Teachers (Recitals) â€¢ CACEP Performance Artist Workshops â€¢ Comedy Acts â€¢ Fine Arts Guild of the Rockies Performance Artist â€¢ Estes Park Area School (Park R-3, Eagle Rock, Home Workshops Schoolers) Performers of all types â€¢ Chamber Music Society Performance Artist WoIkshops â€¢ Estes Park Area School (Park R-3, Eagle Rock, Home â€¢ Estes Park Quilt Guild Workshops Schoolers) Visual Artists â€¢ EPMTA Performance Artist Workshops â€¢ Year Round CACEP Thursday Night Live concerts (All â€¢ Estes Park Music Festival Performances types of smoke free music, year round) â€¢ CACEP Fund Raising/Benefit events â€¢ CACEP Visual Art Shows (Arts for the Parks, Estes Park â€¢ Chamber Music Society Fund Raising/Benefit events Plein Air, Women's History Month Art Show, Nalional â€¢ Art Center Fund Raising/Benefit events and International Name Artist Shows, Traveling Private â€¢ EPMIA Fund Raising/Benefit events Collection Shows) â€¢ Estes Park Jazz Big Band Fund Raising/Benefit events â€¢ Art Center Visual Art Shows (Larger shows that won't fit â€¢ Estes Park Village Band Fund Raising/Benefit events into their own space) â€¢ Fine Arts Guild of the Rockies Fund Raising/Benefit â€¢ Fine Art Guild of the Rockies Visual Art Shows (Western events Wildlife Art Show) â€¢ KREV LPFM 104.7 Fund Raising/Benefit events â€¢ Gallery and Private Sponsored Visual Art Shows (Private â€¢ Riverside Ramblers Fund Raising/Benefit events collector's collection shows, prominent artist shows) â€¢ Rocky Ridge Music Center Fund Raising/Benefit events â€¢ Smaller Fine Art Guild of the Rockies Performances â€¢ Park R-3, Eagle Rock Fund Raising/Benefit events (Shows that utilize smaller stage) â€¢ And Many More ... â€¢ Estes Park Quilt Guild Shows â€¢ Chamber Music Society of Estes Park Performances For more information, www.EstesArts.com or call 970-586-9203 Dear Estes Park Administrators, helpful teams and the Arts Community: My dream for the entire range of arts, artists, performing groups, students, teachers, touring performers and visual arts in Estes Park is that we welcome and create improvement. Let's show visitors, as well as Estes Park residents and a// of our children, that we value all of the arts and that everyone can benefit from being involved in them. Estes Park is an incredible community and, by putting our heads together with a smart plan, we have the potential to be an example to other same size communities. (Although I do believe it would be hard to beat the potential we have in Estes Park! !!) The Cultural Arts Council plan fits my dream. Get a hold of the plan and all it's parts. See CACEP Handout on the FOSH request (p. 1) and CACEP Handout on the Center for the Arts in Estes Park (p. 2 ) It includes what I needed to see: â€¢ Proposal for FOSH funds with specific and HUGE allocations for all performing arts e Proposal for Downtown Multi-use Visual and Performing Arts Center with Droiect Specifics Benefits Funding Considerations Operating Budget Analysis Overview Booking and Administration Plan Sample of Potential Users PLEASE READ THE ENTIRE PLAN! IT'S SMART! Sincerely, Mary Jean Pope Estes Park Musician and Piano Instructor April 12,2005 Paul and Sally Whyard Owners ofMountain Munchies 189 & 191 East Riverside Dr. Estes Park CO 80517 Dear Town Administrator and Town Council Members, Unfortunately we are not able to attend tonight's meeting, however, we would like to send our support ofthe CACEP request for immediate release ofthe FOSH funds to support the improvements of our community arts infrastructure. We also strongly support the downtown multi use Center for the Arts project. We believe that this would continue appropriate growth in support of our local community and local tourist based economy. We urge you to support this request. Thank you very much! Sincerely, A aQ-tu l,0 vuc,\ &,1 91.0_ C. Lo 41 Gu\C'~& Paul & Sally Whyakl Iret &110 fre/mal PO Box 2167 - Estes Pak CO 80517 Home Phone 970-577-7733 April ll, 2005 Town of Estes Pmk RE: Multi-use center for the Arts Public hearing 4/12/2005 Dear Estes Park Oicials, 1hank you for grrzf.U a public heaIing about lhe Cultural Center for the Aits. Unfommately we are unable to attend. Tbis letter is to make it known that we believe this Arts Center should come to fruition. We are year round residents of Estes Patic. It is our conviction that this proposal will greatly benefit our town Estes Park has come to lhe point where we are in need of this facility that will serve tbe public year routld. We are being offered the oppor~mity m have an Arts Center that is reasonably sized. It is the perfect place to start. We trust that you feel the Importance of the arts Center and will support the release ofthe FOSH funds immediately. This will enable the center to be up and running for the 2005 season. We needed to make it clear to you that we endorse this project. Please feel free to contact us ifyon have any questions. Sincerelv. Â·-0 -*LAW Bret & Jan Freedman :51,"11Â· From: "MICHAEL WHIPP" <michaelawhipp@hotmail.com> To: <rwilc@charter.net> Sent: Saturday, April 09, 2005 12: 12 PM Subject: Pubic Hearing Ron; Thanks for letting me know about the meeting on Tuesday. Please forward my SUppOIt of these efforts to the Town. I will be out oftown next week and unable to attend. As you know I feel that the best use for the space that EPURA has in the new building at 172 West Elkhorn is for the arts council to purchase it for their use. I know you are working hard to raise money for that purpose and you can count me in as an investor. Take care and keep me posted. Mike Whipp 1 , Center for the Ans Endorsement Â· I support the Cultural Arts Council of Estes Park's proposal to create a Center for the Arts in downtown Estes ~?ark, that supports all disciplines of the arts induding: visual, performing and literary arts. 1 X Yes No - I support full release of the Friends of Stanley Concert Hall (FOSH) funds to the Cultural Arts Council of Estes Park to fund improvements that will enhance the community through the arts by developing a multi-use center for the arts downtown and improving other venues currently in use for arts programming. 1 4.4, /><K Yes No Comments: ~ Name 05< re#7~u~i-4zi,t Art Discipline 82Â«39540/7292#*219*0 /. Date (54- 2,49 - l #l -- -- Return this form to: 1 -:----* PO Box 4135, Estes Park, CO 80517 by 3/15/05 Center for the Arts Endorsement 1 support the Cultural Arts Council of Estes Park's proposal to create a Center for the Arts in downtown Estes Park, that supports all disdplines of the arts induding: visual, performing and literary arts. -Â£_ Yes - No I support full release of the Friends of Stanley Concert Hall (FOSH) funds to the Cultural Arts Council of Estes Park to fund improvements that will enhance the community through the arts by developing a multi-use center for the arts downtown and improving other venues currently in use for arts programming. 1 Yes __ No 0 .4 Comments: p,â‚¬51 DENTLESTâ‚¬% PARk 8084 o P n--i 22 11 1- LEA ow * Business ER-4/4+ ~ KGOL â‚¬s 496 . RE~LTD R.,1 Name '-Â·2;le71= , DatÂ¥/ 4-7- 0 -c Return this form to: =,=:- PO Box 4135, Estes Park, CO 80517 by 3/15/05 CUL-}Ui:AL AkiS COUNCIL OF ESTES PARK .. Center for the Arts Endorsement - I sup'port the Cultural Arts Council of Estes Park's proposal to create a Center for the Arts in downtown Estes Park, that supports all disciplines of the arts induding: visual, performing and literary arts. )( Yes No I support full release of the Friends of Stanley Concert Hall (FOSH) funds to the Cultural Arts Council of Estes Park to fund improvements that will enhance the community through the arts by developing a multi-use center for the arts downtown and improving other venues currently in use for arts programming. _~__ Yes _No -Lha 'f Comments: Name kiL ~j~ Date 4-\,-05 Return this form to: ..,:-- PO Box 4135, Estes Park, CO 80517 by 3/15/05 CULTUPAL Af?TS COUNCIL OF ESTFS PARK Center for the Arts Endorsement I support the Cultural Arts Council of Estes Park's proposal to create a Center for the Arts in downtown Estes Park, that supports all disciplines of the arts including: visual, performing and literary arts. ~X Yes No I sllpport full release of the Friends of Stanley Concert Hall (FOSH) funds to the Cultural Arts Council of Estes Park to fund improvements-that *illtnhance the community through the arts by developing a multi-use center for the arts downtowp and improving other venues currently in use for arts programming. 7~- Yes -Ill A No - AL#i,#4 -4 ~ Comments: Name A1 g NIg'.10- Date J Lt - (l- 69 Return this form to: -~ PO Box 4135, Estes Park, CO 80517 by 3/15/05 OF ESTFS PARK