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Home My WebLink AboutPACKET Town Board 2006-08-08FILE Prepared 7/31/06 Revised 32 fiffilit.j.:; TOWN OF ESTES PARK *:- ts f ~ : f : / 4/3 :r.- 9.4-:1 - 3 , 9/29'2Â· *f?R~,Agrb 2,2:t'~......0:Â·.kiR;.'Â·ti~6-Â·Â·c.. 2-1 =. 4604. -7 *ALL:#Te.., 0.7g,-11~-- i-t..7.- The Mission of the Town of Estes Park le to plan and provide reliable, h10h-value eervicee for our citizens, visitors, and employees. We take dreat pride eneurin0 and enhancing the cluality of life in our community by bein0 0ood etewarde of public resources and our natural eettinB BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 8,2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 25,2006. 2. Bills. 3. Committee Minutes: A. Public Safety, July 27,2006: 1. Automated Citation System - $37,709.56 B. Community Development, August 3,2006: Convention and Visitor Bureau 1. Visitor Center Landscape Contract - $2,600 Museum/Senior Center Services 1. Catering for All Occasions 2007 Contract. Community Development 1. Housing Authority Permit Fee Waiver for Pine Knoll Apartments - $7,259. 1 Continued on reverse side 2. ACTION ITEMS: 1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM NEW STANLEY ASSOCIATES LLLP & GHV - COLORADO, INC. dba THE STANLEY HOTEL TO NEW STANLEY ASSOCIATES LESSEE. LLC dba THE STANLEY HOTEL, HOTEL AND RESTAURANT LICENSE, 333 WonderviewÂ·Avenue. Town Clerk Williamson. 2. SPECIAL TRANSIT UPDATE. Steve Blacksher. 3. ESTES VALLEY INVESTMENT IN CHILDHOOD SUCCESS UPDATE. Janice Newman. 4. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland. 5. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(E), C.R.S. - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing 'negotiators and 24-6-402(4)(B), C.R.S. - Conference with Town Attorney White and Attorney McCargar for the purpose of receiving legal advice on specific legal questions regarding the sale of Lot 4, Stanley Historic District. Motion: I move the Town Board go into Executive - 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) and for a conference with Town Attorney White and Attorney McCargar for the purpose of receiving legal advice on the item listed above under C.R.S. Section 24-6-402(4)(B). 6. RESOLUTION #15-06. LOT 4, STANLEY HISTORIC DISTRICT. Town Attorney White. 7. SALE OF LOT 4, STANLEY HISTORIC DISTRICT. A. Consideration of Lot4ED, LLC Contract Amendment. B. Ordinance #5-06 for Sale of Lot 4, Stanley Historic District. 8. TOWN ADMINISTRATOR REPORT. Administrator Repola. 9. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 ... 1Â® hp LaserJet 3015 HP LASERJET FAX invent Aug-4-2006 3:09PM i Fax Call Report Job Date Time Type Identification Duration Pages Result 138 8/ 4/2006 2:59:32PM Send 6672527 1:22 2 OK 139 8/ 4/2006 3:00:59PM Send 5869561 1:21 2 OK 140 8/ 4/2006 3:02:25PM Send 5869532 1:41 2 OK 141 8/ 4/2006 3:04:11PM Send 5861691 1:59 2 OK 142 8/ 4/2006 3:06:15PM Send 6353677 1:38 2 OK 143 8/ 4/2006 3:07:58PM Send 5771590 1:45 2 OK Town of Estes Park, Larimer County, Colorado, July 25,2006 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 25th day of July, 2006. Meeting called to order by Mayor Baudek. Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Also Present: Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney 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 None. TOWN BOARD COMMENTS Trustee Blackhurst reminded the public that the Public Safety Committee would meet Thursday at 8:00 a.m. in the Town Board Room. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 11, 2006. 2. Bills. 3. Committee Minutes: A. Public Works, July 13,2006. 1. Purchase 2006 GMC 3500 4X4 with snowplow, $22,727 - Budgeted. B. Utilities, July 20,2006. 1. Purchase 2007 Ford F350 4x4 truck with utility body, $31,079 - Budgeted. 2. Purchase 2007 GMC 1500 4x4 truck, $19,250 - Budgeted. 4. Estes Valley Board of Adjustment, July 11, 2006 (acknowledgment only). 5. Estes Valley Planning Commission, July 18, 2006 (acknowledgment only). 6. Ordinance #4-06 - Officially ratifying Town Board approval of 6/27/06 regarding EVDC Block 8 Amendments. Board of Trustees - July 25,2006 - Page 2 7. One-year Extension of the Memorandum of Understanding between Rocky Mountain National Park and the Town of Estes Park Volunteer Fire Dept. for personnel services and equipment required for both structural fire and wildfire suppression, July 20,2006 - July 20,2007. It was moved and seconded (Pinkham/Levine) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wishes to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. AMENDED PLAT 1. Stanley Hills Subdivision, Lot 22 and Outlot B, Thunder Canyon Homeowners Association/Applicant. 2. Lots 1, 2 and Outlot A, Timberlane Subdivision, and Tract 1, Brookside Addition, The Worldmark Club & Trendwest Resorts, Inc./Applicant. B. SUPPLEMENTAL CONDOMINIUM MAP 1. MLL-2 (Mary's Lake Lodge Il) Condominiums, Supplemental Condominium Map #2, Units 40A, 40B, 41A & 41B, Lot 3B, Mary's Lake Replat of Mary's Lake Subdivision, Don Debey/Applicant. C. FINAL CONDOMINIUM MAP ' 1. The Promontory Condominiums, Lot 6, Mary's Lake Replat of Mary's Lake Subdivision, The Promontory, LLC/Applicant. It was moved and seconded (Newsom/Eisenlauer) Planning Commission Consent Agenda be approved with Planning Commission conditions, and it passed unanimously. 2. ACTION ITEMS: 1. AQUATIC CENTER FUNDING. Town Administrator Repola reviewed the request for financial assistance requested by the School District and the Recreation District. The Town Board agreed to assist the districts at their July 11, 2006 meeting and referred the item to the Utility Committee for further action. The Committee discussed discount rates for both water and electric ranging from 60% ($10,368 - 2006, $21,395 - 2007) to 90% ($15,552 - 2006, $32,093 - 2007). Since the water is not separately metered, staff proposes the water subsidy be applied as a discount (fixed amount). The electric subsidy would be calculated based on actual usage and applied monthly. Jack Holmquist, EVPRD President, expressed both districts' appreciation to the Town Board for their consideration of financial assistance for the pool. He stated - -- ultimately community support would be needed to keep the pool open past December 2007. Mayor ProTem Pinkham stated an 80% subsidy for both water and electric for an eighteen-month period would be in line with previous discussions. Trustee Eisenlauer agreed. Trustee Homeier expressed 60% or 70% would be an adequate subsidy based on the financial data. This request was not budgeted Board of Trustees - July 25,2006 - Page 3 and would be a lack of revenue. Attorney White read Resolution #14-06. It was moved and seconded (Pinkham/Levine) Resolution #14-06 be approved to provide water and electric subsidies for the pool at a rate of 80% not to exceed $45,000 from July 2006 to December 2007, and it passed with Trustee Homeier voting "No". 2. AMENDED MASTER PLAN, LOT 4, STANLEY HISTORIC DISTRICT. Attorney White provided history for the formation of the Stanley Historic District. In the early1990's, a Citizen Initiated Ordinance was brought to the Town Board to prohibit the current owner of the Stanley Hotel, Frank Normali, from removing buildings and redeveloping the property. The ordinance also prohibited development on surrounding properties including the Knoll-Willow property in which the Rocky Mountain Factory Outlet had proposed an outlet mall. The Town Board directed staff to draft a Stanley Historic District Ordinance to be adopted if the Initiated Ordinance was defeated. In 1991, the ordinance was defeated and the Town adopted the Stanley Historic District Ordinance that established view sheds, architectural and design standards for the hotel and surrounding properties, and prohibited certain uses. The ordinance did not address the overall development plan for the property, development density or use. These properties were zoned commercial and could be developed in a manner that could be detrimental to the property. To address these concerns, the Town negotiated and entered into development agreements in 1994 with the Stanley Hotel, Overlook and FHK that addressed road circulation, density of development, uses and architectural and design standards. The development review process for the properties would occur through a Technical Review Committee, not the Planning Commission and the Town Board. The agreement with FHK included the purchase of Lot 5,6 and 8 by the Town to preserve the area as open space and protect the views of the hotel. In 1997, the Town entered into a lease purchase agreement for the purchase of Lot 4 and completed the purchase in 2004. In 2005, the Town sought Requests for Proposals (RFP) for the purchase and development of the property. In February of 2006, the Town entered into a purchase contract with Estes Winds, LLC for $1.25 million. The Estes Winds, LLC concept was selected based upon its fit with the Stanley Historic Master Plan, as well as, the value of the project both in terms of initial purchase price and the anticipated sales tax based upon the project pro forma. The Technical Review Committee reviewed the proposal and advised the developer that two aspects of the proposal did not comply with the Master Plan. The non-compliant elements were the total commercial square footage (39,000 requested versus 30,000 permitted) and building footprint square footage (41,000 requested versus 30,000 permitted). Estes Winds, LLC subsequently withdrew the proposal and requests the Town Board amend the Master Plan to increase the maximum commercial development and the building footprint. The Town is being asked to amend the development agreement in which the Town is a party to both sides of the agreement. Administrator Repola stated the Town purchased Lot 4 for "potential future public use". The 1997 lease option was entered into when the Town was considering the sale of the Municipal Building to the National Geographic/Destination Cinema. The sale did not materialize and the Town began to remodel the current Municipal Building/Town Hall. The proceeds from the sale of Lot 4 have been verbally committed to the improvements at the Stanley Park Fairgrounds to assist in the construction of a performing arts theatre, if the project can be completely funded. Trustee Blackhurst asked for clarification of the expiration date for the development agreements. Administrator Repola stated the agreements expire 15 years from the date of the agreement (January 1994) if Lot 4 remains Board of Trustees - July 25,2006 - Page 4 undeveloped. The property would convert to commercial outlying with potential development of just under 75,000 square feet of commercial development. Steve Lane/Basis Architecture presented an overview of the Estes Market Place that envisions mixed use designed around a courtyard concept with a combination of 2-story and single story buildings to make the project less intrusive. To achieve an open and interesting layout the footprint of the buildings would exceed the 30,000 maximum square feet allowed'in the Master Plan. The development also focuses on the transitional nature of the property providing a transition for retail area on the adjacent lot to the south and residential use on the land to the east. He stated the Master Plan anticipated five 2-story buildings that would have greater visual impact on the neighboring properties. The developer's proposal anticipates 31,501 square feet of commercial on the ground level with 8,130 square Met of office space 9n the upper level with a total of 39,631 square feet exceeding the 30,000 maximum. Amy Hansen/Otten Johnson Robinson Neff & Reagonetti stated an amendment to the Master Plan without the approval of the Stanley Hotel would be a breach of contract. It is the position of the New Stanley Associates LLLP that the development standards would protect the economic base of the hotel, density and view corridors. To adopt an increase of 50% would run counter to these interests. The hotel does not object to the development of the property; however they do object to'the proposed uses in the current proposal. She contends the preservation of the hotel is the focal point of the Master Plan. Bob Shelly/Stanley Hotel General Manager stated the Master Plan was developed to protect the area and to develop the remaining lots in a smart manner. The Master Plan vision for the land should be protected. Public comment against the proposed amendments was heard from Lori Rapp/Canyon Creek Condominiums, Richard BreWCanyon Creek Condominiums, Ed Campbell/Stanley Views Homeowners Association, Al Renner, Ralph Nicholas/Association for Responsible Development, Paul Newendrop/Stanley Hills Association, and Peggy Wilson. Paul Fishman, 14ers Caf6, spoke in favor of the development stating competition is good. Frank Theis explained the request doed not come as a surprise. The competing RFP proposal, in which he was a consultant, requested the same variance to the square footage. He reminded those opposing the development that when the Development Agreement expires approximately 75,000 square feet of commercial development could be placed on the lot. There are considerable land use development implications to consider when the agreement expires. Ed Grueff/Estes Winds LLC reiterated the design concept of the development is to create an attractive development while protecting the view from neighboring 0roperties by spreading out the development with single story buildings. He stated competition would benefit both the Stanley Hotel and the Twin Owls Restaurant. He emphasized the increase in the footprint to 45,000 square feet would be required to make the project less intrusive; however the proposal could move forward with 30,000 square feet of commercial. Town Board comments were heard and summarized as follows: if the amendments were accepted, it would create an unfair advantage for the current developer; the developer should adhere to the Master Plan; the proposed development is too large; the RFP clearly stated the development should adhere to the Master Plan guidelines; neighbors are concerned with the increase in footprint while the Stanley Hotel objects to the use; concerns were heard Board of Trustees - July 25,2006 - Page 5 regarding the expiration of the development agreement; sustainability of the Town and the current level of services that are dependent on sales tax revenue of commercial businesses. Dave Lingle/Lingle Architecture, a member of the Town Architectural Review Committee for the proposal, confirmed five 2-story buildings would maximize development under the Master Plan. He stated the proposed development does not change the density; however spreading out the development and using single story buildings provides the appearance of a less dense development and preserves light and air. Community Development Director Joseph suggested once the development agreement expires a development proposal similar to the current proposal could be presented; however the proposal could be larger in size and impact. The Town's commercial outlying zoning district allows for 25% of the land area to be covered by floor area with any number of configurations. The open space platted would protect the view corridor and would not change with the expiration of the development agreement. The commercial outlying zoning ordinance only contemplates commercial uses; therefore, a condominium development could only be developed through the PUD process. It was moved and seconded (Homeier/Newsom) to deny the request by Estes Winds, LLC for amendments to the total commercial square footage (39,000 requested versus 30,000 permitted) and building footprint square footage (41,000 requested versus 30,000 permitted) in the Stanley Master Plan and it passed unanimously. Trustee Blackhurst encouraged the developer to come back with a new plan that would meet the requirements of the Master Plan. 3. 2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Finance Officer McFarland stated Kyle Logan/Swanhorst & Company LLC conducted the Comprehensive Annual Financial Report (CAFR) for 2005. Mr. Logan informed the Board the Town received a clean opinion with no internal control concerns; however, the Town should consider a few adjustments including: 1) If spending trends continue within the General Fund there could be a deficit situation in approximately three years; 2) Park Entrance Estates debt should be determined, and if paid in full, the Town should notify the County Treasurer to discontinue coilecting assessments from the property owners; 3) Recommend the wire transfer and journal entry processes include a second person to detect errors and prevent misappropriations; 4) Any cash collected by the Police Department (seizure cash) should be remitted to the Finance Department. A meeting would be held in September with Swanhorst & Company to address the concerns outlined. 4. TOWN ADMINISTRATOR REPORT. Northern Colorado Business Report - Honda has agreed to build a $20 million data center in Longmont. One of the factors cited is the relatively low power rates. The area involved is served by PRPA, which the Town is part owner. The health and vitality of the Front Range is a prime indicator for Town visitation. Whereupon Mayor Baudek adjourned the meeting at 9:40 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 27,2006 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 27th day of July, 2006. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: All Also Attending: Chief Richardson, Administrator Repola, Deputy Clerk Schares Absent: Chief Dorman Chairman Newsom called the meeting to order at 8:00 a.m. POLICE DEPARTMENT. Wireless Citation Project - Request Approval. Chief Richardson stated the Police Department applied for, but did not receive, an $80,000 federal grant with a 40% match for a wireless/automated citation package. Therefore, staff investigated purchasing a system for the same cost as the grant match amount of $32,000. Advanced Public Safety's wireless/automated citation system is the only system authorized to integrate into the current Larimer County Records Management System. The system would create a paperless system for criminal and information reports reducing the Police Department's paper reporting by 20%. The system would integrate software within the records management systems, auto populate data into several reports, and include a mag-swipe reader and thermal printing unit for the patrol car or handheld unit. Automating the citation process would increase efficiency and accuracy. Staff recommends purchasing the wireless citation package including training and two handheld wireless units from Advanced Public Safety. Staff will provide Administrator Repola with the account number. Following discussion, the Committee recommended approval to purchase the wireless citation package from Advanced Public Safety as outlined above in the amount of $37,709.56. Acquisition of an Emergency Response Vehicle through Federal 1033 Program - Request Approval. Chief Richardson stated during special enforcement activities the Police Department has historically relied on the Larimer County Sheriffs Department for assistance. An Emergency Response Team was created due to lengthy response time of the Sheriffs Department. This team is in need of a command vehicle for safer operations and effective planning of special enforcement activities and special events. The Federal 1033 program allows civilian law enforcement access to military and federal surplus equipment at no cost. A one-ton unequipped box truck is currently available for acquisition. Staff recommends acquiring the truck and equipping it with emergency and communication equipment, seating, storage, a generator, air conditioner and exterior lighting during the next two years. One-way airfare for two staff members is needed to pick up the vehicle in Texas, if the vehicle is found to be in satisfactory condition after review of a vehicle history report. Following discussion, the Committee recommended approval to acquire the one-ton unequipped box truck for use as an emergency response vehicle contingent on thevehicle's condition. Reports: 1. Pit Bull Study - Chief Richardson reported State law on pit bulls has not changed regardless of the outcry for reform. No dog bite cases were reported to the Police Department between January and June; however, 3 dog bite cases occurred in July. Specifics on the incidents are not available although all three . RECORD OF PROCEEDINGS Public Safety Committee L July 27,2006 - Page 2 incidents have involved local dogs. Chief Richardson stated a maximum fine of $300 with possible restitution can be charged per incident. 2. Community Assessment - Officer Hulme presented a community assessment on burglaries in Estes Park. Although the Town's statistics for burglaries are lower than the overall State statistics, it is still an issue that should be addressed. Burglaries account for 15-20% of crimes in Estes Park with the majority occurring downtown due to poor lighting, lack of security systems, and improper locks. Officer Hulme suggested lighting and security, along with safe money management, zone policing,. and security surveys could decrease burglaries. Security surveys would be conducted by a trained Crime Prevention Officer to identify vulnerable areas and make suggestions to increase security. Property owners could be educated through brochures, classes, Police & Business in Partnership (PBIP) notices, Estes Park Chamber of Commerce, and community meetings. 3. Missing Person Search Results - Chief Richardson stated the missing Nepalese student was found safe. During the search the Police Department incurred $5,067 of unbudgeted expenses. The Fire Department incurred $1,600 in expenses. 4. Zone 3 Initiative - Officer Allen stated the Police Department received a complaint regarding visibility at the intersection of Dry Gulch Rd. and Big Thompson Ave. Officers Marciniak and Allen reviewed the complaint and contacted the owner of Sombrero Stables to request trailers be parked away from the intersection. Officer Marciniak also suggested moving the stop line closer to Big Thompson Ave. Staff will review the possibility of moving the line and will continue to monitor the area. 5. 2nd Quarter NIBRS Statistics - The Police Department has seen a significant decrease in juvenile arrests due to a majority of cases being referred to Restorative Justice. FIRE DEPARTMENT. Reports: 1. Status of the Fire District - Administrator Repola stated the Firewise Coalition is awaiting a hearing date in District Court to acquire approval of the ballot question on the upcoming general election. There is currently a call for candidates to serve on the Fire District Board of Directors. Candidates must be a registered Colorado voter residing in or owning property in the District. MISCELLANEOUS. Trustee Newsom stated the "Do Not Enter" sign for the Children's Parking Lot is not visible to cars traveling west to east. He also suggested striping the tum lanes at the - intersection of Elkhorn Ave. and Moraine Ave. Staff will look into options for enhancing visibility of the sign and contact CDOT regarding the possibility of adding striping. Trustee Eisenlauer commented the bike situation has improved on the Riverwalk; however, she suggested placing "No Bicycle" signs on the sidewalks along Elkhorn Ave. Administrator Repola stated "Share the Road" signs would be placed in several locations in Town to increase awareness of bicyclist. There being no further business, Chairman Newsom adjourned the meeting at 9:26 a.m. Suzy Schares, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, August 3,2006 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 3rd day of August 2006. Committee: Chairman Pinkham Trustees Eisenlauer and Levine Attending: All Also Attending: Administrator Repola, Directors Pickering, Kilsdonk, and Mitchell, Manager Wright, Communications Coordinator Blackhurst and Clerk Williamson Absent: None Chairman Pinkham called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. CONVENTION & VISITORS BUREAU Visitor Center Landscape Design Contract - Request Approval. Dir. Pickering stated during the construction of the new Visitor Center approximately 30 trees and shrubs were relocated to the golf course for future landscaping of the new facility. Three local landscape designers were contacted to provide quotes on a landscape design for the Visitor Center and the new Park Shop. Two quotes were received: â€¢ Joan Sapp - Landscape Architect, LLC $2,600 â€¢ Cornerstone Engineering & Surveying, Inc. $5,000 The Parks Department has installed the preliminary irrigation infrastructure within areas landscaping has been envisioned. A design concept is anticipated in September with planting to begin this fall; however, sod would be installed this season. The design concept would provide information for the upcoming budget preparations, as well as determining whether or not town staff can complete the work or an independent contractor would be hired. The Tree Board has also been involved in the discussions regarding types of plantings and signage. The Committee recommended approval to contract with Joan Sapp to complete a landscape design for the Visitor Center and Park Shop as budgeted (204-5400-544-32-22) at a cost not to exceed $2,600. Stanley Park Fairgrounds Performing Art Theatre Action Plan - Request Approval. Administrator Repola stated the Town Board voted unanimously to pursue a performing arts theatre at the Stanley Park Fairground and develop with the arts community the funding mechanism. Staff has met with members of the original study group involved in developing the theatre concept. The study group designated a subgroup, Supporters of the Performing Arts (SOPA), to develop an action plan to raise funds for the construction of the theatre. The action plan includes: 1) An advisory group/committee to establish a formal relationship with one or two nonprofits associated with the arts, elect committee officers and allocate financial resources including a budget; 2) Establish a timeline for a final decision to build or not by January 2008, final date to pledge funds by October 2007 and a commitment for naming rights by October 2007; 3) Subcommittees would be formed and include public relations/communications, budget creation, grants, naming rights, fundraising events and fiscal impact. SOPA recommends creating a budget using the FOSH funds to operate. The committee has also requested formal appointments as an advisory group with the authority to act on the Town's behalf and to provide credibility when fundraising. RECORD OF PROCEEDINGS Community Development - August 3,2006 - Page 2 Trustee Levine stated the Nonprofit Resource Center would like to be involved and encouraged SOPA to contact Frank Shavlik. The Committee commended the group for their energy and commitment. The Town Board will aid in keeping the project positive and visible to the community. Administrator Repola stated the current timeline allows the existing Board to make a final decision on whether or not to build the theatre. Jim Cope, 631 Findley Court, informed the Committee that SOPA would seek money through pledges with the assumption the Board would build a theatre. Trustee Levine stated this would be an acceptable form of fundraising for the project. After further discussion, the Committee recommended approval of the action plan as presented by SOPA. SOPA will recommend committee officer appointments to the Community Development Committee at the September meeting. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Advertising & Communications â€¢ Public/Media Relations â€¢ Events & Fairgrounds â€¢ Visitor Services Rooftop Rodeo - The Rodeo Committee had a successful rodeo and the Town received positive feedback on the new arenas. Mgr. Wright stated the organizers of the Hunter- Jumper Association have commented the arena has the best footing in Colorado and perhaps the best in the United States. Administrator Repola expressed these comments reinforce the need to continue the Town's investment in the redevelopment of the Stanley Park Fairgrounds. Public/Media Relations - Comm. Coordinator Blackhurst stated the value of the printed word in Colorado newspapers shows a 29% decrease over 2005. These values only cover Colorado newspapers that are a part of the Colorado Press Association; therefore, the value does not take into account news coverage or web related news coverage for which the Town receives substantial value. As a result in decreasing advertising revenue for the Denver Post and Rocky Mountain New, editors have reduced the space allocated for out-of-Denver event publicity. However, the Fort Collins newspaper has been printing event information provided by the CVB staff. MUSEUM/SENIOR CENTER. Senior Center Meal Contract - Request Approval. The one-year Food Contract with Catering for All Occasions (CAO) expires 12/31/06. Under the new one-year contract, the Town would continue paying a $2/meal subsidy to CAO not to exceed $25,000 and there would be no change in the level of Town support for each Meals on Wheels client. This annual contract amount has not changed since 2003. The Senior Center Board Meals Committee and staff recommend approval of the contract with CAO for 2007, with a one-year renewal option for 2008 at the same rate. The only change from last year's contract is the inclusion of the 4~h Friday in November (day after Thanksgiving) to the holiday schedule. Last year the contract was amended to allow events at either the Museum or the Fall River Picnic grounds to bring in food or use an outside caterer; however, events held at the Senior Center must cater with CAO. Administrator Repola stated even though the contract costs have remained the same, the real cost has decreased over the years. The Committee recommends approval of the Food Contract (#217 5304-453-22-71) as presented. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Monthly RECORD OF PROCEEDINGS Community Development - August 3,2006 - Page 3 â€¢ Senior Center Monthly â€¢ Disposition of Old Street Signs â€¢ Colorado State Coin Sales - Museum Gift Shop and CVB Museum Storaae Facility - The museum storage facility was included in the report to determine if the proposed location would be suitable and for consideration as a Capital Improvement project for the upcoming budget. The project would be funded through a partnership between the Town of Estes Park, the Estes Park Museum Friends and Foundation, federal grants, and local partners/renters such as other cultural institutions. If staff can leverage a grant, the Town could consider the project prior to the completion of the Stanley Park Fairground improvements. Colorado State Coin Sales - Dir. Kilsdonk stated the Museum gift shop and the Visitor Center would sell the Colorado State Coin Commemorative gift set with proceeds to benefit the Estes Park Museum Friends and Foundation, Estes Park Public Library Foundation and the Estes Park Medical Center Foundation. The Committee agreed the fundraiser would be beneficial to the entities; however, they expressed the signage explicitly outlines the fundraising nature of the proceeds. COMMUNITY DEVELOPMENT. Permit Fee Waiver for the Pine Knoll Condominiums - Request Approval. Housing Director Kurelja requested permit fee waivers in the amount of $7,259 for $1,640 in additional water meters, $5,344 in building permit fees and a $275 water tap fee. The condominiumization of the apartments required infrastructure upgrades for the sewer lines, water lines and the parking lot at a cost of $65,000. The Housing Authority will rent 24 of the units as affordable housing with 25% rented to those earning 30% AMI, 20% rented to those earning 40% AMI and 50% rented to those earning 50% AMI. Full occupancy of the rental units is anticipated by November. The Housing Authority has not begun to market the condominium units; however, the Authority has a list of interested individuals. Dir. Joseph stated the Town adopted a fee waiver policy for nonprofits that can demonstrate a compelling need for the community such as affordable housing. Due to the potential perceived conflict of interest, Trustee Pinkham did not participate in the recommendation, thus, Committee consensus was reached to recommend approval of the request to waive fees associated with the Pine Knoll Apartments as outlined above in the amount of $7,259. Reports. Smoker Emissions Update - Dir. Joseph contacted the County Health Department to request their assistance in monitoring the smoke emitted from the smoker at the Big Horn Restaurant. Garth Mudge stated the County was out within days of staffs letter to test the opacity of the smoke. The test determined the smoker was out of compliance 20% of the time with a reading of 30% opacity. In order to bring the smoker within the limits of 20% opacity, the County suggested the owner attach a damping device. Two more tests will be conducted by the County within 2 weeks to determine if the smoker is within compliance. The owner of the Big Horn is now aware of the requirements. He expressed his continued concern for the health of his employees and the environment. He also suggested the Town consider adopting a law to set limits on the smoke emitted from commercial businesses. Trustee Pinkham questioned if and what type of standards could be established for smokers. As a statutory town, Estes Park does not have the authority to establish standards that are more stringent than State or County standards. The State has agreed to address the issue if the County is unable to bring the Big Horn Restaurant into compliance. Stanley Park Faimrounds Development Plan #06-02 - Pursuant to Section 3.13 "Location and Extent Review" of the Estes Valley Development Code, the Estes RECORD OF PROCEEDINGS Community Development - August 3,2006 - Page 4 Valley Planning Commission reviewed the Stanley Park Master Plan Concept on July 18, 2006 as required by State law. The Planning Commission granted conditional approval of the Master Plan Concept, waived all future review of individual site improvements, and recommended relocation of the existing bulk water service located on 4~11 Street to an area with less impact on residential neighborhoods. Future reviews for structures smaller than 10,000 square feet would be reviewed at staff level for compliance with the Estes Valley Development Code and would not require Planning Commission approval. The Town Board is bound by the conditions df approval unless overruled by a majority of the entire Board. Administrator Repola stated the relocation of the bulk water was not anticipated by the Master Plan; therefore, staff will investigate possible locations. Discussion continued regarding the Planning Commissions authority to require the Town to relocate the bulk water service. Staff will consult with Attorney White to determine if the recommendation is binding. Dept. Revenues and Expenditures - The Building Department has placed an ad for a building official/code enforcement officer to fill a recent vacancy. CCI continues to provide building inspections and plan reviews. The Community Development Department is ahead of estimated year to date revenue projections. MISCELLANEOUS Dir. Kilsdonk stated the CVB and the museum worked together to produce promotional informationÂ· on Heritage Tourism for 9 News and the 'National Trust for Historical Preservation. As a result, 9 News.com has produced a profile of the MacGregor Ranch with contact information for both the museum and the CVB. Administrator Repola stated both Town and RMNP visitation has been up this year as well as the traffic counts for both Hwy 34 and 36. Trustee Pinkham has had discussions with the CVB regarding posting shuttle information on the website. CVB is reviewing the possibilities for next year. The shopper shuttle is averagind 25 people per bus hour, which is ahead of the bus company's projected 10 to 15 people per bus hour. The focus should remain on the current routes and continued growth of rider ship prior to adding additional routes. Trustee Pinkham stated RMNP has expressed interest in starting the hiker shuttle at 7:00 a.m. Trustee Eisenlauer stated the Visitor Center lost 3 ambassadors this past weekend. There being no further business, Chairman Pinkham adjourned the meeting at 10:00 a.m. Jackie Williamson, Town Clerk Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Jackie Williamson, Town Clerk Date: August 4,2006 Subject: Liquor-License Transfer - Stanley Hotel Background: The Stanley Hotel located at 333 Wonderview Avenue added an additional partner in August 2005. This came to the attention of the Town Clerk's office when the Stanley Hotel did not submit the necessary renewal paperwork for the liquor license. Liquor Enforcement has allowed the Stanley to renew the invalid license in order to provide the necessary time to process a transfer. The applicant, New Stanley Associates Lessee, LLC, submitted a complete application on Friday, August 4, 2006 and was issued a temporary license. The licensed manager and several staff members of the hotel completed the TIPs training sponsored by the Town on July 10, 2006. The Stanley Hotel has expressed interest in training additional staff members. The Clerk's office has provided the contact information for the TIPs trainer. Budget: N/A Action: Staff recommends approval of the Transfer of Ownership Application filed by the New Stanley Associates Lessee, LLC. 1 April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: 0 The application was filed August 4,2006 E The Town has received all necessary fees and hearing costs. 0 The applicant is filing as/a Limited Liability Corporation . . 0 There is a police report with regard to the investigation of the applicants. Status of T.I.P.S. Training: Unscheduled X Completed Pending Confirmation MOTION: I move the Transfer Application filed by New Stanley Associates Lessee, LLC. , doing business as The Â· Stanley Hotel ~Â· for a Hotel & Restaurant License be approved/denied. esgres'yxÂ£Â£ey IJAKESTOvtefr IN CIHICT)*OOD SUCCESS Date: August 8,2006 To: Mayor Baudek Estes Park Town Board of Trustees From: Estes Valley Investment in Childhood Success (EVICS) Board of Directors Subject: Community Services Grant Presentation I. Highlights of EVICS accomplishments in 2006 A. Local trainings for child care providers B. Resources for providers C. Support for parents 1. Past local calls for information/referrals - 3 to 5 per month 2. Since EVICS office available - 25 to 30 calls per month D. Increased awareness of importance of early childhood care and education E. Support from Early Childhood Council of Larimer County (ECCLC) II. Scholarship program update A. Ten applicants from April 10 through end of July 2006 B. Five receiving EVICS funding 1. $936 per month for May, June, July $2,808 2. $412 per month for July, August 824 3. $250 per month for July, August 500 4. $978 per month for August, September, October 2,934 5. $1197 per month for September, October, November 3,591 $10,657 C. Two received scholarships from YMCA D. One was assisted in applying for CCCAP funding and qualified E. Two did not m6et protocol requirements F. Scholarship amounts are based on income level, number in the family and number of children needing care G. Families receiving EVICS funding are utilizing four different child care providers, two pre-school centers and two home care providers T.O. liox 3373, Estes Tari, CO 80517 970-586-3055 www.fortnetorg/ecc III. Fundraising A. Local efforts B. ECCLC contributions IV. Child care services capacity/utilization A. Licensed care capacity 1. Home care a. under 12 months 6 b. 12 to 24 months 5 c. 2 to 5 years 23 d. school age 8 2. Center care a. under 12 months 0 b. 12 to 24 months 20 c. 2 to 5 years 136 d. school age 40 (YMCA program closing in September and R-3 school district program to be rebid in January 2007) 3. Total capacity 238 B. Enrollment as of end of July 210 1. Infants on waiting list 5 2. Toddlers on waiting list 8 3. School age looking for alternatives in September 10 4. Total potential enrollment 233 TS*S 1491Â£Â£Ty IN*ES'EMENT IN- Cj{ILT) 3{002 SUCCESS Date: June 22,2006 To: Mayor Baudek Estes Park Board of Trustees From: Estes Valley Investment in Childhood Success (EVICS) Board of Directors Subject: Community Services Grant Report Estes Valley Investment in Childhood Success (EVICS) was awarded a Community Services Grant for 2006 to establish a Childhood Success Office that would coordinate local early childhood care and education services and administer a centralized community wide scholarship program for parents needing financial assistance to pay for child care services. The first Board of Directors meeting was held on November 7,2005. A Memorandum of Understanding establishing a partnership between EVICS and the Early Childhood Council of Larimer County (ECCLC) was signed November 14,2005 and reviewed and revised June 9,2006. Nancy Almond ofEstes Park was hired in December, 2005 and began work as EVICS's Childhood Success Coordinator in January, 2006. The EVICS office was established at 343 S. St. Vrain Avenue. Since opening the EVICS office in January, 2006 the following have been accomplished: 1. Nancy has met with altlocal child care providers to acquaint them with services available to them through EVICS and ECCLC. 2. Child care providers have been offered three local training opportunities: â€¢ Universal Precautions training in February at no cost to providers. Fifteen providers attended. This training is required by licensing. 7.0. mox 3373, Estes Tari, CO 80517 970-586-3055 www.fovtnet.ors/ecc â€¢ Behavioral Guidance training in April at no cost to providers. This training was in conjunction with a DesserUSocial provider recognition event that local individuals and service organizations funded. Twenty-seven child care providers were in attendance. â€¢ Medication Administration training in May at a cost of $35 per provider. Ten attended. One provider requested and was awarded full tuition to attend. She is just starting her home care service which will offer much needed infant/toddler care. This training is also a licensing requirement. 3. The Scholarship Fund Program was carefully researched and policies and protocols were developed. The program was officially offered to Estes Valley families on April 10, 2006. . Eight families have applied for assistance as ofmid-June, 2006. â€¢ One is receiving $936 for three months of attendance at Mountain Top Pre- School, one is receiving $412 for two months at Red Palace's home daycare and one is receiving $250 for two months at the YMCA program â€¢ Two received scholarships from the YMCA program â€¢ One was assisted in applying for CCCAP funding and qualified â€¢ Two did not meet protocol requirements or lacked sufficient documentation. Application infonnation is being actively promoted. We anticipate increased applications once families are more fully aware ofthe program and at the end of summer. The process has helped define a fair method to allocate resources to those most in need and to assure utilization of funds available from a variety ~of sources which has improved the efficiency of use of local funds. 4. Parents are increasingly becoming aware ofthe availability bflocal resources and are utilizing the EVICS office for information and assistance. ECCLC has received minimal calls for Resource and Referral assistance from Estes Park families in the past. Since the EVICS office opened Nancy has served more than thirty local families. -As parents be(Some more aware ofthe local service we anticipate that usage will continue to increase. 5. Child care providers now have access to "Resource Room" materials at the EVICS office that they can borrow to iniprove the quality of their progfams. Estes Park has been awarded a $500 grant to purchase additional materials for this resource. 6. EVICS Board President is working.with the town zoning and building code departments to provide exceptions for child care homes that will align with child care licensing regulations and best serve families child care needs while complying with needed code standards. 1 7. Initial public relations/marketing strategies have included articles in the local papers, a "Talk Back" interview on KEEZ, development of an EVICS brochure and posters, and information on the ECCLC website. EVICS is also listed on the Town's website. Presentations have been made at the Estes Valley Community Coalition, PaCK, the New Mom's Group at EPMC, Optimist Club, and the Mom' s Club. 8. Nancy has received training through ECCLC on Resource and Referral Data Base Management, Second Hand Smoke Concerns, Quality Assurance, and the Work Sampling Assessment Method. She is qualified to provide training of the Work Sampling Assessment Method to school district personnel in the CPP/Special Ed programs. Such training is mandated by the State Department of Education Results Matters Project to fulfill federal reporting requirements. 9. EVICS is coordinating financial assistance information for families with Salud, Health and Human Services and the School District. 10. To date EVICS has generated the following funding: â€¢ $600 Grant from the Community Foundation for the Scholarship Fund â€¢ $900 Grant from Rotary Club for the Scholarship Fund â€¢ $760 from participation in the Duck Race â€¢ $300 from individuals and service organizations to fund the Month of the Young Child Dessert/Educational Training recognition event for local child care providers. As of early June 204 children ages birth to five were enrolled in licensed child care settings. The majority ofthese children are ages three and four. Fifty-five ofthe children were enrolled in the Community Church Pre-School Program which will not be in session during the summer. The YMCA has 114 school age children enrolled in its summer program. In the coming months EVICS will be working on: â€¢ Board development â€¢ A one and three year Strategic Plan â€¢ Encouraging licensing of unlicensed providers in order to reduce the amount of illegal care in the community â€¢ Parenting education programs â€¢ Continued relationship building and fundraising The partnership established with ECCLC has proven to be highly beneficial. ECCLC has been consistently supportive ofthe work in Estes Park and has provided invaluable resources that have aided program development and potential future funding. Additional Supplemental Materials enclosed: â€¢ Board ofDirectors List â€¢ Budget Information â€¢ Current Memorandum ofUnderstanding with ECCLC Respectfully submitted, 8*,14 74>-Wt"FU Janice Newman, President Estes Valley Investment in Childhood Success Estes Valley Investment in Childhood Success Board of Directors June, 2006 Name Organization Phone E-Mail Tenn Board Position Teresa Salud Health 970 teresabuttler@airbits. com December Scholarship Buttler Care 577- 2006 Committee 0997 Member Pam Family Home 970 spinnergy39@aol.com November Resource Duemig Provider 586- 2006 Room 2286 Committee Doug Health and 970 dfrisbie@larimer.org December Member Frisbie Human 577- 2006 Services 2156 Manager I)ebra A.G. Edwards 970 debra.grill@agedwards.com December Finance Grill Investments 586- 2006 Committee 2469 Chair Lori Chamber of 970 ebu@charter.net November Member Jeffrey- Commerce 586- 2006 Clark BOD 9159 Pam Park R-3 970 Pam_Livingston@psdr3.k12.co.us November Member Livingston School 586- 2006 District - 9529 Elementary School Principal Janice Retired RN/ 970 bandjnewman@frii.com November President Newman Child Care 586- 2006 Administrator 2825 Sue Strom Mountain Top 970 suedavestrom@nedemet.net November Sec/Treasurer Pre-School - 586- 2006 Director 6489 Staff Nancy Childhood Success 970 586-3055 evics@frii.com NA Almond Coordinator @ Ef E 2 '10 . a Ch Â©Ch * U Locloco OU 04 Mr-C\ChÂ¢Oh.Q 04 0 M. -- M * m W n % v CO 9 - - â‚¬03 5 11 8 9 2 & 3 -0 -0 0 gt .0 .. /3 2Â¤ 9 8 K E 8 Ul v 13 U 2 N B B =b 0 m M Â»4 W K .2 CE la, O G' >4 >2 8 40 0-10 11 11 - u' Hd ei Â·16 21 bo 0g me al *Abla.Wrm:.1 59:3% 1 0 8 8 t: M A u /1 g.mi +4 K o 4 44 g -21 0 8825&#i~2 43 4% g g 8 1 gig O 0 171 0 C M -cvqmr-M. 0 5 00 r- 64 0 EO 0 Â¤ -2 642 -B 8 81 0 0 0 0.54 4-1 4-1 . SE#8â‚¬ :c:22 ect 0 0 E-ZO Ad Q ggg tes Park grant $7,755 (D) 1ImIS sno UIc Uounoo pootwI 9003'OE ounf Smpuo le@A Estes Valley Investment in Childhood Success REVENUE EXPENSES bursement Financial Stat erations Summil s 0,000 of Coordinator n Event Donations 22 g CO M CD 00000Â©W 0 M 00 h N M 0 M M 0 0 D 0 NN=1-N o. 90 A . 00 el - * 64.9 â‚¬6 ..+ 60 k .8 0 an b 042 0 0 -C .S .-4 0 4 * e 0 9 n m :~ 2 d m 72 16 4/ %0 =Â§ 1333 SE 0- r , h u El 2 w :e &0.8 X h o 1 . 8 CS ?Z "8 19 % 40 u Al bo 0 1 0 0 29= S 00 Cd U 50 01 . m -R:M ,~17'~1&;~NE ca . - 2.74 EMUS@Et*2 8 2,gb E O t tt = 0 2 Ce cs CO 0 4 .2 2 p ai .SE M 5 -g Et 2 2 U 4-1 4222~.8 44 8 i E g &2 2 ,%.3 M 0 1 .-I 802152,22,4 2 @6 0 0 2 gg 1 0 01 1- r. o MI 01 - 01 9, 1 n 'E M O I M I- 64 68 -8 d tbâ€ž8 C 0 EB re .2 0 - 2 4 &1 .. 16 0* 01 1,9 99 66 69 4-1 4-1 OO <80 44 =~ /1 8 EE m E-1 Z gg 25 t (a) 5 Jo odoos 1 ol gnp P. oq II pUU X.IBIes puu ounf Jo pu@ 041 le Pal!q E SoIl POIISFIquls@ S! 00!AJOS 0411 900Z u! SDIAH 101 POZI.I.!ln @Joki 1841 spund '9UITj s!41 OOZ O DOE[ 01 popleME Estes Valley Investment in Childhood Success @nUDA REVENUE EXPENSES 1O1UUIP 'JEOX Ins g#10Â£ gu:f ol .I KInf B UO SUI~I~lc)3 Park Grant alance Forw N 0100 + MI e 1- NIn fe % i Di k%* 0 41' b . M -22 Ctig 3 3 9.9 71 t.2 79 --(D E~ag :-R -3 0 w t â‚¬ EN 5 0Â¢ .3 3 - E 2 4-~ 0000= -2 g * , gig 0000 0 0 tr; M acr; 1- 40 C 64 64 00 08 E a 6-0/ Se/9 f Estes Park Grant nth award to one family ~ $936 m suoquofidde po 00oz REVENUE EXPENSES ionoq sguIo~g~~~j~~oid~~ ue 006$ Jo JIBH $6,7 o more Estes Valley Investment in Childhood Success Q~~ation Grant one fam 1 month a ar Financial Sta - SC Jani~~- June 01 0 010 41 M E @ M gcn .8 06= 4 b 4 gâ‚¬g 8!88* .-4 O Of-1 4- - I 10 40 â‚¬*/4 8 gig Cd O CO E- of Estes Park Grant nths each) $10,000 Estes Valley Investment in Childhood Success Scholarship Fund Budget July - December 2006 REVENUE EXPENSES (Proiected) for 10 of 20 applicants 2:5%1 QZdation Grant for 6 applicants requiring emergency assistance (1 month each) E06'II$ 000'ZI $ Jo JIBH 009S Jo JIeH 006$ Jo JIEH Memorandum of Understanding t Paitnership between Early Childhood Council of Larimer County (ECCLC) and Estes Valley Investment in Childhood Success (EVICS) â€¢ ECCLC will provide the following services to EVICS: 1. Human resource services for EVICS' paid personnel including: hiring and supervision ofEVICS coordinator (any additional staffwill be supervised by the EVICS coordinator). 2. Serve as Fiscal agent for EVICS' funding sources to support the early childhood system building in Estes Park, specifically funds associated with the staffposition and that require a 501C3 entity. 3. Provide separate fund accounting for EVICS' revenue and expenses. 4. Technical assistance with licensing and quality improvement assessment and implementation. 5. Training and education support. 6. Resource support such as databases, marketing materials, grant writing information and assistance, and presentation support. 7. ECCLC representative(s) will visit Estes Park at least 6 times annually to ensure representation on the EVICS board and provide support for staff â€¢ EVICS will: 1. Have representative attendance at ECCLC staff meetings and Council meetings. 2. A voting position on the ECCLC Board to be filled by an EVICS non-staff member. EVICS will remain the advisory board for the Community Foundation ofNorthern Colorado Endowment fund independent ofthe ECCLC fiscal accounting system. 3. Provide local funding, office space and needed supplies for the local coordinator position. 4. Provide local resource and referral services to Estes Park families and assist with county wide resource and referral services. â€¢ This Memo ofUnderstanding is to become effective July 1, 2006 lasting through June 30, 2007. During that time priority will be given to the following: 1. Local operations and recognition events 2. Administration of local scholarship program 3. Program development 4. Media coverage 5. Fundraising activities â€¢ Decision making will be consensual. Procedures for joint decision making will be established in partnership by EVICS and the ECCLC BOD. LkÂ» Glq/of 4*nia -YUuÂ»nj 4/9 /06 EOCLC Date EV@S Date Finance, Light & Power, Water Departments Memo To: Honorable Mayor Baudek Board ofTrustees Town Administrator Repola From: Steve McFarland, Finance Officer Date: August 4,2006 Subject: Background Attached please find the second quarter "dashboard" financial report. Documentation/explanation With 50% of the calendar year complete, the General Fund box shows that we are operating at or below forecasted expense levels in all major categories. It is important to note that while expenses and most revenues are reported through June 30*,2006, the sales tax information is only recorded through May 2006. For comparative purposes, the Sales Tax box reports 2nd quarter and YTD numbers in italics, as June is an estimate (average of 2003-05). If the -$740,000 estimate for June proves to be reasonably accurate, that would put tax revenues at about 35% of budget, which is in line with historic standards. Sales tax is covered in a separate report on a monthly basis and need not be restated in this report. To recap, while sales taxes are at a record pace, the pace itself must be maintained and even increased somewhat in order to meet our budget forecast of $6,640,000. The Enterprise Funds box (see supporting pages for Light & Power and Water Fund breakdowns) shows that enterprise funds are running ahead of schedule in regards to revenues. Expenses are net under budget as well. Some of the condition of the enterprise financials is due to timing - we have not made the debt service payments or incurred much of the capital project costs yet. However, the "O&M" expense categories are all under 50% of annual budget. The Investments box shows a decrease in assets from April to May. This is reflective of the $2,700,000 loan to the Housing Authority. Our return on investments (ROD continues to increase due to market positioning and due to overall increases in interest rates. To summarize, at the half-way point for 2006, revenues and expenses for the major funds are in line with expectations. Sales tax figures are impressive, but need to continue to improve. It also important to note that we collected only about 25% ofestimated sales taxes, so there is a lot ofroom for trends to move either adversely or favorably. Investment performance is improving as interest rates rise, and as we improve our cash management techniques. Action steps requested None. â€¢ Page 2 46 S 4%45 Â£5%Â£Â£Â£2Â£Â£Â£ Â£ 4 gng, 2â‚¬ M M h 0 St< 4 4 EN 146 1 0 1 2222 M N M M â€¢r, 91Â· 1 1 en M 1 - M * M t--1/Â·11 16 8345; 2W2Â©&8W*Ex 8 ~ 0-N-N-M- 01 VE n 01 ,-1 =r. 0% E h m m Q P - re, W 00 Q 00 rn 0-0 J N. O,01 9,%01.9. - - -rn m= 28:Rm*22 g 9 4 n m h icl h 0 9 %% aug #~Me 00 -Moo r- M Cff "r N (1.clm - ID - M 0 0 ER k D Jt = mf- -,21 1-s_ m g i 5- il Z 8 900 E> . /co a-1 7 >EU= U i m M i #@ mw# at E 0 9 2 2 Â£&02:5 ~8=Co<EEOUS N 3 85% 5 'SE Â£/ig g 2 2 2 2 i 2 2 #oem=O m S en NER 29 M**M ow-40 rr~ 1- 61 91- 91 01 $ 2 n r G N N 5 kn 22 -hoÂ©WO 4 - W 91- N O h.1 "11. Cl n C. 7 - 00. c m 00 Ao *00 0 %. r.1 5 M W 00 OM O - 7 9. 00 - 0 rl - - rn - er, -- 7-0--=ter,0 00 M - eN tri L 1.=nhnn *3*585 A . - 0@Z m fi Ar lo (% 8 Â£6 ca 0 b . Auor-'00*2 E- O E- Maa-[auu.&3~- %29 E %Z9 Â£ %Et'Â£ 11 Sonuoul lenulle Jo %LE }noqu op!Aold XIII!0!dkl SonUOAO.I SIBUOUI 9 16 1 ** 2006 GENERAL FUND ENTERPRISE FUNDS (L&P/WATER) =Un 294' 1 1 E'OI $6,218,946 $11,87 TOTAL REVENUES 3,295,911 10,113,510 12,873 1- (18*'SEL$) E96$ 3SV31IE)Ela 1$) (LLB'OEL'IS) 3SVE[HOHORSVEIHONI 13N 002'226'9 ~L I Â£1Â£'Â£Â£941 356 LI Imol Year-to-Date Year-to-Date rvices 837,960 ernment 191,997 50. 2,897,895 4,839 46.6% ation 257,602 5 01,943 2 90-idv (anieA Â·1!.BdI) Sl *GlA XVJL S37VS ino VEndE FINANCIAL INDICATORS TOWN OF ESTES PARK 2nd QUARTER 2006 6Â£'09F 997 bLIZ'468 9003 from Enterprise 483,633 967,733 I 59'LLf'Il 88L'9Z0'5 SESNEdX31V1O1 ~ AVIEZ~ ~222 0%810AE go-Eo, uo poseq o,mu!1%0 90 Imf * reation sfers Out REVENUES TOWN OF ESTES PARK 2ND QUARTER 2006 ENTERPRISE FUNDS LIGHT AND POWER 2006 2006 % of 2005 Budget Year-to-Date budget Year-to-Date REVENUES Utility Sales $9,741,005 $5,176,550 53.1% $4,866,747 Charges for Services 93,806 51,962 55.4% 31,692 Current 41,557 52,637 126.7% 45,038 Miscellaneous 262,500 109,106 41.6% 108,921 10,138,868 5,390,255 53.2% 5,052,398 EXPENSES Debt Service 305,300 55,150 18.1% 59,498 Operating Transfers Out 939,133 444,589 47.3% 462,341 Source of Supply 4,702,000 2,787,203 59.3% 2,273,333 Distribution 1,571,262 679,835 43.3% 702,447 Customer Accounts 674,571 299,663 44.4% 310,203 Admin/General 1,285,342 499,133 38.8% 573,075 Interest 3,300 1,731 52.5% 872 Capital 989,607 413,801 41.8% 338,340- TOTAL EXPENSES 10,470,515 5,181,105 49.5% 4,720,109 NET INCREASE/DECREASE ($331,647) $209,150 -63.1% $332,289 WATER 2006 2006 % of 2005 Budget Year-to-Date budget Year-to-Date REVENUES Utility Sales $2,137,800 $1,042,396 48.8% $920,446 Charges for Services 552,399 785,998 142.3% 353,293 Current 36,050 31,976 88.7% 27,583 Miscellaneous 8,140 6,604 81.1% 2,086 2,734,389 1,866,974 68.3% 1,303,408 EXPENSES Source of Supply 137,900 110,692 80.3% 77,347 Purification 543,647 257,602 47.4% 211,908 Distribution 695,409 322,108 46.3% 303,450 Customer Accounts 286,788 116,503 40.6% 63,135 Admin/General 646,582 210,272 32.5% 220,721 Debt Service 303,576 33,788 11.1% 39,131 Operating Transfers Out 97,309 39,044 40.1% 35,637 Capital 427,012 23,909 5.6% 93,834 TOTAL EXPENSES 3,138,223 1,113,918 35.5% 1,045,163 NET INCREASE/DECREASE ($403,834) $753,056 -186.5% $258,245 U W CS 0 Quarter 20 380!#0 eoueu!:1 - PUBIJB:lol/\1 8AelS 2322222223232 2 g O.Morx tr, O e 1- M rl h M T- 0 ) M N 1 0 N h 00 er#MENE*de G 2 0Â»01 5; 51 0 2%08 M * 9 1- M tr, 91- - M * h ./ C-NOW . & Egg 82$*9*:ZER ~ ~ *Rge ~ M h b 05-Ch*Â©010000 - B. .......... I A gertra u 00 Lco D rt U - - M W 00 W 00 M 1-HNre, ret 531 23;*RE *SWS 12 2 T N ff h f rl e- 4 4 - - -2 2 h - tr) 1 00 4292 Â§Â§2%92@539 3 4 0 44 R U % BleÂ© .C- .......... I & raccl 00 40 W t~B-WM-MoohM - < RE* re; 0.:8% :In*GR *0022 m (,2 'll 7.r O 0 01 - v/ - 41 1\ - 20 = i 1 3 0 W 0 . U) bm & 81 R gE E z U . S 0 2% f $ 06 .gc . E -1 1 M -a w imiu M~Uâ‚¬~EN~*A =Et 3 U XQUEo<EEcloo 0 0 0 4 0 - ODD od t 4.- w 4 0 U 022% 222*022 22* f 40 Â©Now 0 9 * ORen W 0 00 Q ORER 02 25*Si ovow-40 0 E F--mo-M- Ir, "r fri # 01 1 4- M , 50 91 *Ag â‚¬ 09 01 U roo h ODO - 2 ~222 rn _ 1 .Ing 22 2 7-00.- 1 -t- M co R k 0 2 - 4-- i Z W 2 hel - -1-rnÂ© i %4 liti An,FAM ~ E ~cgs 7 E - 7700~ ? EE@% * 5 :& 3 Ar 4 A R MjEE ap I. . 0-Trn W ~ 9 h -- r.1 -- - M * e U â‚¬A E $ W I O N 01 N M .C < fE E od C D J5 E .2 ~~ u. 30 9 5.9 5 9.3 4 2 : 8 93 05 8.Ow 0 53 0~ 02. & 221 -U D u. to A 6- 59=Wig#2 00.UJUU /:E- $11,8 52.4% 1 568 666 63.0% %29-E inoqe O IAoid Kilemdkl SOnUOAN SWUOUI 9 35 I ** 2006 2006 2006 ENTERPRISE FUNDS (L&P/WATER) TOTAL EV 12,873 25 Year-to-Date I IE'01 SluoIBAInba 9 UARTER 2006 - re 4!lulu nils u I ENUES REVENUES 09* o Other EXPEN PENSES 321 aCI/3SVIHONI laN 35Â¥3}I33(1/3SV32IONI 13N 1) SINaWISaANI XVI SaTIVS 22 ansfers Out S3SN3dX3 1Â¥101 0, Uo paseq Oleutilso 90 unf * LIOOUI MOO O MOM e r- r- ... ChÂ»h 010% O 0,1 0 2222 2222 1222 22 O M O VO OQ *00 MWOOÂ© 06Â©N d 1 61 44Â© fri Mrfen*N=t- 1 h rN--1 090 00 , 0010-NMâ‚¬ 00 1 - M h en In 7 Vo * crl 4 ri 00 Vo 0%~ 00-01 91- N S C. -- - M #4 =% Â£ O 0 Q O - 40 , 4- N O M d *-01 -7 o. VD# O=fooch 0000\Oh 00 - 901 1 Cr) - 0 N el) 00 .C 3 2 E E .M 0 Â¢ 2 0 0 0 0.4 U.1 3 : W 0 UM* CM 99 - cm W 1 -0 -sl -M Jigil CE Ul U A hn 9 U Â¢ F rri 1 43 2 , E E Ae Ze 3 9 2 8 E-0,0 Â®Om.QUU24, A W 2006 2006 % of 2005 Year-to-Date budget Year-to-I)ate $7,577,111 $ ,742,143 23 $1,579,927 Â£98'Â£*I' L66'I6I'E 0 I 9'+6E' I IIL'BEVE I99'LI9 LIt' Â£93' I I8E'68Z 56L'fI (562'0532$) %69ZI (LLS'OEL'IS) (I+I'179Â£7$) E[SVE[HOE[a/HSVIHONI inIN 55'L66 95'Â£53'* I SEISNE[dXH EIVI.01 1,568,666 1,070,135 6 967,733 483,633 5 Â£ I I6'563'E OIVEII'OI SE[fINE[AIN REVENUES 2, NoÂ¢-00 MNOON 1 A en N e B h * 0 M w 0 0, m 0 00 rn Â·-1 r 2 -MOON 04 2 0. en=t-Â©Ir, - h rn N -0 hrotr) Clh .. M 1 2 2 22%022 2 1 th 9 eli : 9 rn (9 1- 0<) tr) 00 M tow-ro o r- & rr; 00 N U ' - 1-lo 1 01 tr) 1- 1- D O 01 (r)- r A .. MOO 0 M en -h 6 A- M 11 0 1 1 N 0 5 0 00 O M ON-NONIA Â© 10 0 U Orr)0\05100.-1 N M 16 00 (9 - O N Mrore) u M ... 0 01 00 M G M - 1- Ir) re) 0\ O 11 U en Orrlohhoo 00 h 01= er}ChhloloN 0% 1 0 0 -0 0 [0 0 7 W 8 0 N 22=1 00 Eed/- At& -4 4 8 0, 2.2 2 = 500* ~Co@b 0 < 28 86â‚¬65 O<!A.ZOS It'Â£'E9* ln~) Sloisuell Sualel Â£Â£â‚¬'ELE'Z Â£ E'LSL'Z Addns Jo join Ltt''ZO 5Â£8'6L9 uoynquls Â£OE'o 17* Â£99'663 slunoooV 683'ZEâ‚¬$ 5% I Â£9- OSI'602$ (Lt,9'I Â£Â£$) 3SVEnIOE[a/EISVE[NONI laN Budget budget Year-to-D $9,741,005 $5,176,550 53.1% $4,866,7 7 ENTERPRISE FUND S 8/6 of 2nd QUARTER 2006 s for Services 93,806 51,962 5 ZI Lâ‚¬9'25 z gAV:Unt' g snogueHOOS I 08'Â£It, LIGHT AND POWER 'I 8 I'Â§ SE[SNE[dXE[ EIVI.O.L REVENUES I M 00 Â£ 22222 4%%0 24 al 5-n 9 -t M tr #4 g ~0 00 Ad *a 2 #> R 5: $00061 N i en M-VI L 91Â· Choo & HUM CIA 02% bifw i M= C O 0 2 -t:c 3%.2 3 f K.D Ano<COU 94*'0/6$ soiES 4!140 Â£62'Â£5Â£ 66Â£'55 SOMAJOS JOJ SOSJE40 Â£85'LE 9L6' I Â£ 050'9Â£ lug.Unl 980'Z t,0 80t'Â£0Â£'1 L18'507'1 LfÂ£'LL %Â£/08 369'01 1 006'LEI 806'I IZ Lt, 309'LSE 05*'EOE 9f 80 I 'ZEE 5Â£I'Â£9 04 Â£05'91I Slunooo I EL'OZE ZE ELE'OIE Ielotlogf}UIp 1Â£1'6Â£ %14 I 88L'Â£Â£ 9Lg'Â£0Â£ LE9'5Â£ % lot MO'6Â£ 60Â£'L6 in~) SIOJSUE.Il *Â£8'Â£6 606'Â£3 ZIO'Lit 2nd QUARTER 2006 - revised B Year-to-Date budget Year-to-Date /9 1-SM)-1 Â£ 816-Â£11-1 EZEWEIT S3SN3dX3 79101 8.5 9=1 $ 008'LEI'Z$ WATER 68Â£:EL,Z snoguelposlw S3ANEIA3M SEISN3dX3 Ir. TOWN BOARD MEETING August 8,2006 Action Item #6. LOT 4, STANLEY HISTORIC DISTRICT: Town Attorney White is preparing the Resolution and will handout information at the meeting. â€¢r RESOLUTION NO. 15-06 4- . J RECITALS 1. In the fall of 1997, the Town was approached by National Geographic/Destination Cinema with regard to the possible purchase of the Municipal Building in order to develop an IMAX theatre and associated retail and commercial properties. In the event that negotiations with National Geographic/Destination Cinema resulted < in an ~greement to sell the Municipal Building, the sale of the Municipal Building would require prior approval of the Town's voters pursuant to Section 31-15-713 (1)(a) C.R.S. due to the fact that the Municipal Building property had been used for governmental purposes as the Town's administrative headquarters. 2. In the event the Municipal Building was sold, it would'be necessary for the Town to secure a site for a new municipal building. On November 12, 1997, the Board of Trustees approved the passage of Ordinance 16-97 approving a Lease/Option' to Purchase Agreement for Lot 4, Stanley Historic District Subdivision to the Town of Estes Park from Stanley Views Ltd. 3. The terms and conditions of the Lease/Option to Purchase Agreement provided that the Town had possession of the pfoperty during the term of the Lease* and that Lot 4 be used and occupied by the Town and its suckessors, transferees, assigns or representatives during the leasehold as a municipal center and/or any other use permitted by the Development Agreement dated January 17, 1994 between the Town and FHK Company. 4. On January 5, 1998, the Town received a lettef dated December 30, 1997 frbm National Geographic/Destination Cinema informing the Towri that National Geographic/Destination Cinema was withdrawing from negotiations for a possible purchase of the Municipal Building. On January 13, 1998 at a regular meetirig ofthe Town Board, Town Administrator Klaphake inf6rmed the Town Board that the Town intended to continue discussions with National Geographic/Destination Cinema in the future. 5. After January 1998, the Town and/or the Estes Park Urban Renewal Authority continued to haveÂ· discussions with various entitids regarding poasible purchase of the, Municipal Building from the Town. In order to continue to retain the option to purchase Lot 4 as a possible site for a,future Municipal Building or other publit use of the property, the Town Board appropriated sufficient funds during its annual budget process to continue to make payments required under the Lease/Option to Purchase Agreern6nt. 1 4~ I I. . 1 .. 6. In 2003, the Town Staff developed a 5-year Capital Improvement Plan (CIP) funded by the Town's Community Reinvestment Fund. The CIP included extensive.remodeling of the Municipal Building. 7. During the period from 1999 through 2004, the Town contemplated the use of Lot 4 for numerous public purposes including a parking lot, a site for relocation of, the Estes Park Police Ddpartment,,and a site for a performing arts facility. . 4 '>. ' T' $4, . 8. In December of 2004, the Town was contacted by Stanley Views Ltd with . regard to the possibl# execution of the purchase option of the Lease/Option to Purchase Agreement by the Town. The Town, exercised its Â·option to ~ purchase Lot 4 and received title to the property by Deed dated December 31,2004. 1 + / t. . 1 , . 9. Beginning in 2004, the Town reviewed possi6le options for development by the Town of a public use of Lot 4. A Goal Team formed by the Town Board develoRed two scenarios for building a performing prts facility in' the, Town, one involOing construction off kaid facility on Lot,. 4 an-d the other ftir construction of said facility .at the Stanley Park Fairgrounds. It was the determination of,the GoaI Team that the best.location for the performing arts center wobld be at the Stanley Park Fairgrounds and not on Lot 4. The Goal Team. recommended to the Community Development Committee Â·and 'the Town Board that Lot 4 be sold with,the ptoceeds from' the sale to further, if , possible, cohstruction- of the performing arts facility at, Stanley T Park Fairgrounds. L n . N . i I 10.On July 7, 2005, the Community Development Committ6e of the Town . recommeAded solicitation of proposals for the sale of Lot 4- from any entity wishing to purchase Lot 4 and develop A the property. ' The Town Board appioved the recommendation bf the Community Development Committee at its regular meeting of July 12, 2005. j . 11. Following review of the three pro,posals received by the,ToWnÂ·pursuant to ith , request for proposMs, the Town Staff recommended to the Town. Board that the Town'approvd the proposal of LOT4ED, LLC. : 12. At its regular meeting of February 14, 2006, the Town,Board approved entering into the Real Estate Salds Contract between th,e Town and LOI4ED, LLC for the sale and POrchase of Lot 4. NOWTHEREFORE, BE IT RESOLVEDBY THE BOARDÂ·OF TRUSTEES OF THE TOWN OF ESTES4PARK, COLORADO, that: a - '4. 1. Based upon the recitals set forth above which are incorporated herein by reference, the Town Board hereby finds, resolves and determines as follows: a. The Lease/Option to Purchase Agreement for Lot 4, Stanley Historic District Subdivision between the Town of Estes Park and Stanley Views Ltd. was entered into for the purpose of acquiring a possible site for the construction of a new municipal building or any other public purpose. b. Between November of 1997 and July of 2005, the Town considered various proposals for and uses of Lot 4 including, but not limited to, construction of a new municipal building, construction of a parking lot, relocation of the post office from downtown Estes Park to alleviate traffic congestion in downtown Estes Park, and construction of a performing arts facility. c. In 2003, the Town Board determined that the sale or transfer of the Municipal Building was not feasible and authorized the remodeling of the Municipal Building. d. In December 2004, the Town exercised its option to purchase Lot 4 and acquired title to Lot 4. e. In July 2005, the Town Board determined that there was no longer any use of Lot 4 for public purposes and authorized the solicitation of proposals for the purchase and development of Lot 4 in order to recoup the Town's investment in Lot 4 and provide funds for the Town's public purposes including, if possible, constructing improvements at Stanley Park to facilitate the construction of a performing arts facility. Dated this day of August, 2006. Mayor ATTEST: Town Clerk . Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola r~ Date: 8/4/2006 Re: Request to extend closing date for sale of Lot 4, Stanley Historic District Background: The Town of Estes Park is under contract to sell Lot 4, Stanley Historic District ("Districr) to LoWED, LLC (formerly known as Estes Winds, LLC), for $1.25 million. The contract was entered into following a process which started in April 2005 that included a request for proposals, interviews with two developers and subsequent negotiations. The original contract called for a closing on August 14, 2006. Prior to closing, the buyer was required to obtain plan approval from the Technical Review Committee. The Technical Review was initiated though not completed. The proposal was subsequently withdrawn pending a request to amend the District Master Plan. That amendment was denied and the buyer must submit a revised plan for review. It is estimated that new plan documents could take up to 60 days to complete. Consequently, it is not possible to complete the Technical Review prior to the original closing date. Attorney White has been in discussion with the buyer's attorney and will provide details of the extension at the August 8 meeting. Budget There is no specific budget impact to the Town's current budget. The proceeds from the sale of Lot 4 have been verbally committed to improvements at Stanley Park Fairgrounds with the priority being a theatre if such a project can be completely funded. Action: Staff requests consideration of the request by Lot4ED, LLC, to extend the closing date for the sale of Lot 4. 1 \ TOWN BOARD MEETING August 8,2006 Action Item #7. SALE OF LOT 4, STANLEY HISTORIC DISTRICT: Town Attorney White is preparing the Ordinance and Will handout information at the meeting. ORDINANCE NO. 5-06 AN ORDINANCE RATIFYING THE ORIGINAL REAL ESTATE SALES CONTRACT DATED THE 14TH DAY OF FEBRUARY 2006 AND APPROVING THE FIRST AMENDMENT TO THE REAL ESTATE SALES CONTRACT FOR THE SALE OF LOT 4, STANLEY HISTORIC DISTRICT SUBDIVISION TO THE TOWN OF ESTES PARK TO LOT4ED, LLC. WHEREAS, Section 31-15-73 (1)(b) C.R.S. provides that Estes Park, by ordinance, may dispose of any property not held or used for park purposes or any governmental purpose upon terms and conditions the governing body may determine; and WHEREAS, on February 14, 2006, at the regular meeting of the Board of Trustees of the Town of Estes Park, the Board of Trustees approved by motion the sale of Lot 4, Stanley Historic District Subdivision to the Town of Estes Park pursuant to the terms and conditions of the Real Estate Sales Contract dated February 14, 2006; and WHEREAS, the First Amendment to the Real Estate Sales Contract for Lot 4 was presented to the Town to amend the Real Estate Sales Contract in order to extend the closing date of said Contract and to a!!ow review of the proposed development on Lot 4 by the Stanley Historic District Technical Review Committee; and WHEREAS, by Resolution No. 15-06, the Town Board has reaffirmed that as of July of 2005 Lot 4, Stanley Historic District Subdivision, owned by the Town of Estes Park was no longer used and/or held for any possible governmental purpose; and WHEREAS, it is hereby determined by the Board of Trustees of the Town of Estes Park that Lot 4. should be sold according to the terms and conditions of the Real Estate Sales Contract dated February 14, 2006 as amended by the First Amendment of the Real Estate Sales Contract dated August 8,2006. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. The Real Estate Sales Contract dated February 14, 2006 and the First Amendment to the Real Estate Sales Contract dated August 8,2006 are hereby ratified and approved. 2. The appropriate elected officials and administrative staff of the Town of Estes Park are hereby authorized to close the sale of Lot 4 according to the terms and 1 conditions of the Real Estate Sales Contract and First Amendment to Real Estate Sales Contract without further action and approval of the Town Board. 3 0 3. This Ordinance shall take effect and ~ be enforced thirty (30) days after its adoption and publication. I 1 . I Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado this day of ,2006. f . , . TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Â£ 4 1,herebi/ certify thatth'e above ordinance was introduc4d and read at a meeting of the Board of Trustees on the day of * .,2006 aAd published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of ,2006. Town Clerk 2 4 FmST AMENDMENT TO REAT, ESTATE SALES CONTRACT This FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT (hereinafter referred to as the "Amendment") is entered into the day of August, 2006 by the Town of Estes Park, a municipal corporation (hereinafter referred to as "Sellef'), and LOT4ED, LLC (hereinafter referred to as "Eurchaser"). PREMISES: WHEREAS, the Parties entered into the Real Estate Sales Contract on February 14, 2006 (hereinafter referred to as the 'thniraci'3; and WHEREAS, Purchaser was unable to obtain approval of its Development Proposal on or before August 1,2006 pursuant to the terms and conditions of the Stanley Historic District Master Plan Development Standards and Design Guidelines; and WHEREAS, the Parties desire to amend the Contract to allow Purchaser to resubmit its Development Proposal, as amended, and obtain approval of its Amended Development Proposal pursuant to the terms and conditions of the Stanley Historic District Master Plan Development Standards and Design Guidelines; and WHEREAS, litigation has been filed in the DiStliet Court, Larimer County, Colorado, questioning the ability of the Town of Estes Park to sell Lot 4 pursuant to the terms and conditions ofthe Contract without first obtaining approval ofthe Town's voters; and WHEREAS, this litigation may effect the Closing of the purchase and sale o f Lot 4; and WHEREAS, the Parties desire to amend the Contract to address these above described issues. AGREEMENT: NOW, THEREFORE, for and in consideration of the Premises, the payment of the sums described herein, the respective covenants, agreements and obligations hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser do hereby agree as follows: 1. Article II ofthe contract shall be amended to read as follows: FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT . 4 ARTICLE II Â· PTIRCHASE PRICE 2.1 PTIRCHASE PRTCE. The Purchase Price for the Property (hereinafter referred to as the ("Purchase Price") shall be One Million Two Hundred Fifty. Thousand Dollars ($1,250,000), payable as follaws: (a) $100,000 cash or certified funds at Closing., The Earnest Money Deposit shall be credited as part payment of the funds due at Closing. (b) The balance of the Purchase Price shall be paid by execution of a Promissory Note of approximately $1,150,000, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. Said Promissory Note shall be secured by a First Deed of Trust on the Property. Said First Deed ofTrust shall be in a form acceptable to Seller. ' (c).RELEASES. The parties understand and agree that Purchaser may be subdividing the Proferty in order to 'seek releases from the lien of the First Deed of Trust. The term sub'division shall include condominiumization of the Property. Seller agrees to release individual subdivided lots (condominium units) from the lien of the First Deed of Trust subject to the following conditions: .t , 1: Purchaser has obtained approval of the subdivision of the Property pursuant to the applicable provision ofthe Estes Valley Developnient Code. 2. The Promissory Note and/or any provision ofthe Deed of Trust is not in default. 3. Purchaser intends to construct improvements on the Property as more fully set forth in the Development Proposal attached hereto * ~as Exhibit A and incorporated herein by reference. Â· The Development Proposal includes a Map (the "Map") of the project depicting the location ofthe proposed imprbvements . on the Property. Purchaser shall be entitled to a Release for individual subdivided lots on the Property as follows: a. Upon the payment of 'ah additional $400,000 of principal plus all accrued interest on the Promissory Note at the time of issuing the first building permit for the first building to be located on Lot 4, Purchaser shall be entitled to a release for the lot containing Building A. b. Upon the payment of an additional $400,000 of principal plus all accrued interest on the Promi;sory Note, Purchaser shall be entitled to a release for the lot containing Building B-1 and B-2. ' c. Upon. the payment of an additional $350,000 of principal plus all accrued intdrest on the Promissory Note, the Purchaser shall be entitled to release ofthe lot coiitaining Buildings C and D. d. No further releases shall be granted from the First Deed of Trust. ' FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT . 2. Paragraph 4.2 shall be amended to read as follows: 4.2 R EVTEW OF Tm.F COMMITMENT. Purchaser shall have twenty (20 days after receipt Â· of the Commitment and the Exception Documents (as herein defined) to provide to Seller written objections to the-status of title to the Property. If such written objections have not been received by Seller prior to the end of the above described period, Purchaser shall be deemed to have conclusively accepted and approved the status of title to the Property as shown by the Commitment. If Purchaser does timely deliver to Seller such written objections, Seller shall have fifteen (15) days prior to Closing to cure such objections. Seller shall diligently pursue the curing of any objections. If Seller fails, is unable, or unwilling to cure such objections by fifteen (15) days prior to Closing, Purchaser may either (i) waive such objections in writing and purchase the Property notwithstanding such objections; or (ii) terminate this Contract by written notice to Seller. If Purchaser elects to terminate this Contract, the Earnest Money Deposit shall be refunded to Purchaser on demand and neither Seller nor Purchaser shall have any further obligations hereunder, except those obligations stated herein that survive termination of this Contract. 3. Paragraph 6.1 amended to read as follows: 6.1 CT,OSTNG DATE The date of closing (the."Cln<ing Date") shall be November 14, 2006 (the "Closing") or at an earlier or later date upon mutual written agreement of the parties. Closing shall be subject to the right of the Parties to extend the Closing Date for up to one (1) year subsequent to November 14, 2006 as more fully set forth in Paragraph 11.13 of this Amended Cohtract. Closing shall be subject to the right of the Purchaser to extend the Closing Date to April 30, 2007 as more fully set forth in Paragraph 11.11 (b) of this Amended Contract. If all contingencies described in Paragraph 11.11 have been satisfied and Closing does not occur, Seller will have the right to terminate the Contract and retain the Earnest Money' Deposit paid to Seller by Purchaser and the parties will have no further liabilities to the other. In the event that all contingencies described in Paragraph 11.11 have not been satisfied, this Contract shall automatically terminate and the Earnest Money Deposit shall be returned to Purchaser and the parties will have no further liabilities to the other. 4. Paragraph 11.11 shall be amended to read as follows: 11.11 CONTTNGENCY (a). The Property is subject to the terms and conditions of the Development Agreement between FHK Company, a Colorado Partnership and the Town of Estes Park, Colorado, a Municipal Corporation, dated January 17, 1994. As such, development on the Property is subject to review and approval pursuant to the terms and conditions of the Stanley Historic District Master Plan Development Standards and Design Guidelines. Purchaser shall be responsible for obtaining approval of its Amended Development Proposal, a copy of which is attached hereto as Exhibit A, pursuant to the terms and conditions of the Stanley Historic District Master Plan Development Standards and Design Guidelines. It shall be the responsibility of FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT Purchaser to file the necessary application for review.and be responsible for all costs incurred for said review. Purchase of the Property shall be contingent upon Purchaser obtaining approval of its Amended Development Proposal on or before.November 1, 2006. If during the Stanley Historic District Master Plan review process, Purchaser changes or amends its Amended Development Proposal either in its sole discretion,or as the result of requirements for review approval by the Techhical Review Committee, said changes in the Amended Developmeht Proposal shall received piior written approval of the Seller, which approval shall not be unrdasonably withheld. The Purchaser intends to subdivide the Property intp one or.more lots or coitdominium units pursuant to the terms and conditions of the Estes Valley Development Code. Purchaser shall 'be responsible for obtaining subdivision approval pursuant to the terms and conditions of the Estes Valley Development Code and shall be responsible for all costs. Seller shall exbcute any documents necessary. for the subdivision review process. Purchaser shall have the option of extending the Closing Date until April 30,2007.in order to obtain final approval of the subdivision of the Property. The extension shall be by notice in writing to the Seller stating the date of the requested extension. In the event o f an extension of the Closing Date beyond the Â· date set forth in Paragraph 6.1' of this Amended Contract, the final payment date of the Promissory Note set forth on 'Exhibit B shall be extended the same number of days as the extension beyond November 14,2006. 5. Paragraphll.13 shall beamended toread as follows: . 11.13 II[IGAIION.- Litigation has been filed by Stanley Associates, LLLP and Nancy A. Baker in the District Court, Larimer County, Colorado, Case No. 06CV546, tequesting a Declaratory Judgement and/or a Preliminary and Permanent Injunction against the Town to prevent the Town from delling the Property to Purchaser pursuant to the terms and conditions of the , Contract. In the event prior to Closing, an Order is obtained from the District Court either ddclaring that the Town may not Ull the Property to Purchaser under the terms and conditions of the Contract and this Amendment to the Contract, and/or a Preliminary and Permanent Injunction has been issued by the District Court prohibiting or restricting the performance o f either or both Parties of the terms and conditions of the .Contract and/or this Amendment to the Contract, eithdr Party may terminate the Contract and the First Amendment upon written notice to the other Party. In case of such termination, the Earnest Money Deposit shall be returned to the Purchaser and this Contract and the First Amendment shall be terminated and of no further force and effect. Also, Purchaser may unilaterally extend the Closing Date for up to one (1) year subsequent to Novefnber 14, 2006 on no more than three (3) occasions during that -one (1) year* period, if Purchaser, in its sole discretion, determines that an eitension is necessary due to any litigation still pending. Either party shall have the option io also extend the Closing Date on no more than three (3) occasions for a period not' to exceed one (1) year from November 14, 2006; i f there' is any referendum and/of initiated ordinance Which mal, effect the ability of either or both Parties to close the sale ofÂ·Lot 4 under the terms and conditions of the Contradt,and this- First Amendment. In the event of an extension of the Closing Date beyond the date set forth in Paragraph 6.1 of this Amended FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT Contract, the final payment date of the Promissory Note set forth on Exhibit B shall be extended the same number of days as the extension beyond November 14, 2006. IN WITNESS WHEREOF, the parties hereby execute this Contract effective as stated herein. FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT '"t I t SELLER TOWN OF ESTES PARK By: Mayor ATTEST: 4 TOWN CLERK STATE OF COLORADO ) ) SS COUNTY OF ) SUBSCRIBED AND SWORN to before me this ' day of , 2006 by , Mayot of the Town of Estes Park. Witness my hand and official seal. My Commission Expires: Notary Public 1. 4 0 - I I FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT . PURCHASER LOT4ED, LLC By: STATE OF COLORADO ) ) SS COUNTY OF LARIMER ) SUBSCRIBED AND SWORN to before me this day of , 2006 by Ed Grueff, ofLOT4ED, LLC. Witness my hand and official seal. My Commission Expires: Notary Public FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT , I EXHIBIT A 'IE) CONTRACT AMENDMENT ( 2 pages) Estes Markrtplace Project Dall Sheer Building A 9,810*f Single Story + Mezzanine 8,9706Â£ Gtound I.4 Banquet H *11 & Kitchen 84 Osf Upper 1-el: Officco & Support Wk 81.- _ 9,5403Â£ 7240-,tory (6 Units) 5,200sf Ground Level: Reside~ial 4 units 4,340,f Upper Lerel: Residential 2 units Duilding 82 0--- 9,5403Â£ Two-,tory (6 units) 5,200,f Ground Level: Rcaidencial 4 unin 4,340sf Upper Level: Rcidential 2 units BUUdio. C 13,575.f Two Story 50 15sf Retail 5 units 8.260sf Of6ce/Residcatial Â· 6-7 uniw r hlding-D-_â€ž--- 13,575,f TWO Stozy 5315sf Retnil 5 units 8,260,f Office/Reldcat~1 6-7 units Totals Giound Level: 30,000,Â£ Upper Lcvct: 262hf Tool; 56,040.f Commercial: 30,000,f (mlx) Residential: 26,350sf Retail 10 units Office: Numbe of unitz TBD, 9,5603 f max â€¢res Residential: 20 units max 8/4/2006 2'01 Z.2S2L990L6 aJIUM W Quo9aug dIO:SO 90 80 9nw 1.-21.-82_LY-UL____ELLE-igna_ n wnâ€¢ b r O./.VVILVL-f r â€¢ - X/ - 0 \71 0 0 Z U 3% E. I . i 9-0 2 4 > 04$. / t 5 1 b . t ti 1 0 9k 2 -.7 I , S'.-24. / 4 ., BUILDING BUILDING ~.001 =,al ;31Â¥05 t. . . 6 0- --C .,lf .EXHIBIT B PROMISSORY NOTE $1,150,000 Â· ,2006 FOR VALUE RECEIVED, LOT4ED, LLC, promises to pay to the order of the TOWN OF ESTES PARK, the sum of one million one hundred fifty thousand dollars ($1,150,000.00), with interest thereon from the date hereof at the rate of five percent (5%) per annum until paid in full. A principal payment of $400,000 shall be paid on or before the issuance of the first building permit on the Property (Lot 4 of the Stanley Historic District). Accrued interest shall be paid quarterly. All remaining principal and interest shall be due and payable in full, on or before August 31, 2007. The undersigned may pay any portion of the Principle and/or Accrued Interest at any time without penalty. In the event any payment of principal and/or accrued interest is not made iii full within fifteen (15) days after the same becomes due, the total principal and interest then remaining unpaid under this note shall become due and payable in full. In the event of such default, unpaid principal and defaulting interest shall bear interest at the rate of fifteen per cent (15%) per annum until paid. Further, in the event holder incurs attorney's fees in collection efforts with respect to this note, maker and endorser shall pay, in addition to principal and interest, all reasonable attorney fees incurred in connection with such collection efforts. Maker and endorser hereon waive demand, protest and notice of dishonor and all defenses on the grounds of any extension o f the time of its payment that may be given by the holder or holders. This note is secured by a First Deed of Trust o f even date herewith to the Public Trustee of Larimer County, Colorado. LOT4ED, LLC A Colorado Limited Liability Company by: Ed Grueff, FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT