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Home My WebLink AboutPACKET Town Board 2006-10-10â‚¬-'UE- Prepared 10/2/06 3 N ; d f â€¢ 4Â·' . Â· ~ yi' , 'Â· TOWN*,OF EST.ES PARK 23*jÂ¥.932. f. 404%-A ' :-4914<6.11.-t'. as:.324* yfiti*NNÂ·.:.tyÂ·$Â·Â· 2- 4*M*Flf~E N 4 A.,;2 . .-:4Â·-:452*â‚¬*-:~4..51/' **53-*244Â»ik \-44Â·0 - . .-'Â·.~' , 1Â·. 4--f~Â§.â€¢:LÂ·l'14:Â« 4'.4 , ...,â‚¬, Â·EN '~Â·44ii~.4:*Ific.3.Â·Â·Â·-*.1 .-2~L REff,~4- I.f<*,~.t~ k ~61-~t~ ~' . 2&- 64'.. . .0t 14.1 4 Â« ...:.1.Â«f~:L.-22:2~63c#-*0 er.#10.9.;.9.1 , The Mission of the Town of Estes Fark le to plan and provide reliable, hi0h-value services for our citizens, vieitore, and employees. We take 0reat pride eneurinG and enhancir10 the quality of life in our community by beir,0 0ood etewarde of public reeourcee and our natural eettini. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 10, 2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE FIRE DEPARTMENT "SPARKY' PRESENTATION. Chief Dorman & Mark Igel. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 26,2006. 2. Bills. 3. Committee Minutes: A. Public Safety, September 28,2006. 1. Halloween Road Closure - Elkhorn Ave. from Spruce to E. Elkhorn B. Community Development, October 5,2006: Community Development 1. Waive Land Use Development Fees for Habitat for Humanity 3-lot project in the Ferguson Subdivision. Administration 1. Appointment of William McNamara to the Stanley Park Theatre Advisory Committee, completing Nancy Stevens appointment, expiring March 31, 2008. 1 Continued on reverse side 4. Resolution #24-06 - Schedule public hearing date of October 10, 2006 for New Beer & Wine Liquor Lickense Application filed by YAMA INC. dba Sushi Yama Express, 356 E. Elkhorn Ave. #3. 2. ACTION ITEMS: 1. LARIMER COUNTY CRIMINAL JUSTICE ISSUES. County Manager Lancaster. 2. ESTES PARK URBAN RENEWAL AUTHORITY REAPPOINTMENT. â€¢ Reappoint Ron Wilcocks for a 5-yr. term expiring 9/2011. 3. LIQUOR LICENSING PRESENTATION. Town Clerk Williamson & Attorney White. 4. PUBLIC HEARING: NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY PHILLIPS MANAGEMENT SYSTEMS, INC. dba SMOKIN' DAVE'S BBQ & TAPHOUSE 820 MORAINE AVE. Town Clerk Williamson. 5. PUBLIC HEARING: NEW RETAIL LIQUOR LICENSE APPLICATION FILED BY WINE. LLC. dba WINE 332 E. ELKHORN AVE. Town Clerk Williamson. 6. PUBLIC HEARING: NEW BEER & WINE LIQUOR LICENSE APPLICATION FILED BY CHEESE LLC, dba CHEESE 330 E. ELKHORN AVE. Town Clerk Williamson. 7. *FUNDING FOR HERMIT PARK ACQUISTION. Administrator Repola. 8. TOWN ADMINISTRATOR REPORT. 9. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 hp LaserJet 3015 0 le i HP LASERJET FAX invent Oct-6-2006 12:35PM Fax Call Report Job Date Time Type Identification Duration Pages Result 424 10/ 6/2006 12:25:16PM Send 6672527 1:24 2 OK 425 10/ 6/2006 12:26:45PM Send 5869561 1:22 2 OK 426 10/ 6/2006 12:28:12PM Send 5869532 1:42 2 OK 427 10/ 6/2006 12:30:01PM Send 5861691 2:06 , 2 OK 428 10/ 6/2006 12:32:12PM Send 6353677 1:44 2 OK 429 10/ 6/2006 12:34:01PM Send 5771590 1:51 2 OK Town of Estes Park, Larimer County, Colorado, September 26,2006 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 26th day of September, 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. PROCLAMATION Mayor Baudek presented a Proclamation to Anne Slack & lolanthe "10" Culjak, PT/Mountain Top Physical Therapy, PC acknowledging the month of October as Physical Therapy Month. Ms. Slack invited the community to an open house at Mountain Top Physical Therapy on October 7~h at 9:00 a.m. to 4:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Levine stated Autumn Gold Fest was held this past week and was a success. He thanked Town staff for providing support. Cora Lewis, a veteran of the Iraq War, won the grand prize of $5,000. He also reminded the community thai nominations are being accepted for the Pride Awards for Volunteer, Businessperson and Teacher of the year. Trustee Homeier informed the community that Larry Petersen, maintenance worker at Stanley Village, passed away suddenly today. He stated he would be missed. Trustee Blackhurst reminded the public that the Public Safety Committee would meet Thursday at 8:00 a.m. in the Town Board Room. Mayor Baudek stated the current issue of Mountain Living contained an article titled "50 Things We Love about Colorado"; #2 - Estes Park, #14 - Stanley Hotel, #41 - Longs Peak Scottish Festival. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 12, 2006. 2. Bills. 3. Committee Minutes: A. Public Works, September 14,2006: Board of Trustees - September 26,2006 - Page 2 1. Replace North Exterior Staircase of Town Hall - Lucas Welding $16,500. B. Utilities, September 21, 2006: 1. "Card Shop" Christmas Display Restoration - $15,917 - Budgeted. 2. Waive Light & Power Fees for Habitat for Humanity 3-Lot project in the Ferguson Subdivision. 3. Water Line Replacement Project, Van Horn Engineering - Design and Construction Management $6,253 - Budgeted. 4. Memorandum of Understanding with the Bureau of Reclamation and Estes Park Valley Recreation and Parks District for 1 acre foot of Windy Gap Water. 5. Upgrade to a Pitney Bowes DI 425 Insert and Folding Machine - $4,266 - Budgeted. 4. Estes Valley Board of Adjustment, September 12, 2006 (acknowledgment only). 5. Larimer Emergency Telephone Authority (LETA) Board Appointment - Mayor John Baudek for 2-yr. term. Trustee Levine recused himself from item 3.B.2. It was moved and seconded (Newsom/Pinkham) the Consent Agenda Items 1, 2, 3.A, 3.B.1, 3.B.3, 3.B.4, 3.B.5, 4 and 5 be approved, and it passed unanimously. It was moved and seconded (Pinkham/Eisenlauer) the Consent Agenda Item 3.B.2 be approved, and it passed with Trustee Levine abstaining. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all the following Consent Agenda Items: 1. CONSENT ITEMS: A. EASEMENT VACATION 1. Lots 1 & 2, Davis Subdivision, Harvey Griffith/Applicant. B. AMENDED PLAT 1. Lots 18, 19, 36, & 37, Block 8, and Lot 31, Block 7, Country Club Manor Addition; Carla Pedersen/Applicant - Applicant request to continue to November 28,2006. 2. Lots 5 through 10, except the westerly 90 feet of Lots 7 & 8, Beaver Point Heights; All Mountain View Inn & Suites, LLC/Applicant - Continue to October 24,2006. 3. Tract 56B & Tract 56C, Replat of Tract 56, Amended Plat of Lot 2, Deer Crest Subdivision, and Tracts 56 & 57, Fall River Addition; Real Estate Investment CET 1, LLC/Applicant. C. FINAL CONDOMINIUM MAP 1. Aspen Winds Condominiums; Lot 1 of the Replat of Lot 1 and Lot 2, Block 3 of the Replat of Lots 1 & 2, Block 3, Fall River Estates; Rohrbaugh Properties, LLC/Applicant. D. SUPPLEMENTAL CONDOMINIUM MAP 1. Park River West Condominiums, Supplemental Condominium Map Phase XX1; Lot 2, Park River West Subdivision; Units 624, 626,672, & 674; Richard H. Wille TrustjApplicant. 2. Vista Ridge Condominiums, Supplemental Condominium Map Phase VI; Lot 3, Vista Ridge Subdivision; Units 1911,1913,1915, 1921,1923,1925,1927, & 1929; Estes Investors, LLC/Applicant. Board of Trustees - September 26,2006 - Page 3 Trustee Blackhurst and Mayor ProTem Pinkham recused themselves from item 1.D.2. As there was no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Levine/Newsom) the Consent Agenda Items 1.A - 1.D.1 be approved with Planning Commission conditions, and it passed unanimously. It was moved and seconded (Homeier/Levine) Consent Agenda Item 1.D.2 be approved, and it passed with Trustee Blackhurst and Mayor ProTem Pinkham abstaining. 2. ACTION ITEM: Ordinance #06-06, Estes Valley Development Code Block 9 Amendments - Mayor Baudek opened the public hearing for the changes to regulations pertaining to Day Care as a home occupation, and revisions to zoning-district use charts, operational standards, and definitions pertaining to Family Home Day Care and Day Care Centers and revisions to portions of the home occupation regulations. Planner Chilcott stated the changes were recommended for approval by the Planning Commission at their July 18, 2006 meeting and presented to the Town Board on August 22, 2006. Revisions were reviewed. Currently day care facilities are allowed in RM and R-2 zoning districts with a special review. - The code revision would prohibit properties in these zoning districts if they are not adjacent to an arterial street. Staff recommends amending the code to allow facilities in these 2 zoning districts; however, limit day care facilities in the E, E-1, RE and RE-1 zoning districts to properties adjacent to an arterial. Planning Commission recommended outdoor play areas be permitted with the understanding that all play equipment shall be stored inside at the close of each business day. A home occupation would not be allowed a separate building for these items unless the lot is 1.5 acres or larger. All changes were routed to the county planning staff in July along with updates and no concerns have been expressed. Attorney White read the ordinance. Trustee Blackhurst stated he is concerned these code changes would alter the comprehensive plan with regard to home businesses, and questioned if staff has considered other home occupation requirements. These changes would create additional traffic not contemplated by the comprehensive plan and singles out one group. He understands the need for day care facilities; however, the Town is not addressing the larger issue. Staff stated significant increases in traffic have not been seen with this use in other municipalities. Furthermore, requiring a special review provides the neighbors a chance to voice their concerns. Mayor ProTem Pinkham shares some of the same concerns and requested home occupations be addressed during the comprehensive plan review. Nancy Almond/Dir. EVICS and Janice Newman/President EVICs urged . the Trustees to approve the changes for home day cares, especially the ability to employ an assistant. This change alone will allow the current licensed home day cares to accept 2 additional children. The current codes prohibits licensed providers from meeting a critical community need and is out of alignment with state regulations for licensed care. An assistant would allow the provider to offer a safer environment for children. Quality childcare encourages young families to remain in Estes Park. Board of Trustees - September 26,2006 - Page 4 Rosemary Donahue/Caring Hands provides day care services for seniors. She stated the current zoning regulations have been an obstacle in locating a property to operate the business. Susan Walker/Alzheimer Association provides support and education for businesses providing day care services to the elderly. She has worked closely with Ms. Donahue to locate a facility to no avail. One focus of the grant is to provide day care services in rural areas that allow family caregivers a break from the 24/7 care an elder family member requires. Mayor Baudek closed the public hearing. After further discussion, it was moved and seconded (Levine/Pinkham) Ordinance #06-06 be approved with the changes to 5.1.F.6 to read Day care centers in the E, E-1, RE, and RE-1 residential zoning districts shall be adjacent to an arterial street, and it passed unanimously. Administrator Repola stated the comprehensive plan will be revised in 2007 and confirmed home-based businesses will be addressed at that time. 2. ACTION ITEMS: 1. PUBLIC HEARING - SPUR 66 I, Il AND Ill ADDITIONS ANNEXATION RESOLUTION #21-06 & ORDINANCE #07-06 - PUBLIC HEARING. Mayor Baudek opened the public hearing. Planner Shirk reviewed the staff report and stated this annexation includes Rams Horn Village (Zoned "AD, Elk Meadow RV Park (Zoned "RM") and the road from Beaver Point. Attorney White read Resolution #21-06 and Ordinance #06-06. As there was no public comment, Mayor Baudek closed the public hearing, It was moved and seconded (Pinkham/Blackhurst) Resolution #21-06 and Ordinance #06-06 be approved, and it passed unanimously. 2. FIRE DISTRICT PRESENTATION. Town Administrator Repola provided a history of the relationship between the Town of Estes Park and Estes Park Volunteer Fire Department, Inc. He stated there is no contract; however the EPVFD bylaws state that the department is subject to the Town Board of Trustees. The Town has 1.75 employees with the Fire Chief becoming a full time employee in 2000; however, the Town does incur employee related costs including workman's compensation for th'e volunteers. The Fire Department currently provides services within Town limits and to the Other Protection Area (OPA) defined by the Insurance Services Organization (ISO) in 1997 as the area bounded by Town limits, adjacent fire districts and the National Park. Operating costs have grown by 38% since 1998 and staffing and the level of training continues to increase. If the trend continues, the increased costs will be borne by the Town and its resideilts that pay sales tax, property tax and use taxes. Sales tax is not increasing at a rate proportional to Fire Department expenses. To provide the current level of service, a consistent revenue stream must be established with those living in the OPA sharing in the cost. . Jim Austin/Firewise Coalition of Estes Valley (FCEV) stated the Estes Valley Rural Fire Protection District (EVRFPD) would consist of a 76 square mile area in rural Estes Valley surrounding the Town of Estes Park; establish a special district to levy 4.25 mills; contract with the Town to continue to provide fire and emergency services; provide funds to acquire replacement and additional firefighting equipment; build rural substations in the proposed district. FCEV has completed a Service Plan and IGA with the Town of Estes Park, Larimer County and Larimer County District Court. The Larimer District Court has approved 2 questions to be placed on the November 7,2006 ballot. Board of Trustees - September 26,2006 - Page 5 â€¢ Issue 5A - Shall the Estes Valley Rural Fire Protection District be formed and organized in accordance with the approved service plan. â€¢ Issue 5B - Shall Estes Valley Rural Fire Protection District taxes be increased by $432,558 commencing in tax year 2006 for collection in fiscal 2007, and by whatever additional dollar amounts are raised annually thereafter by a mill levy of not more than 4.25 mills levied upon all taxable properties within the District. Eligible voters are those that live within the district and/or own property in the district including renters that registered voters of Colorado. Mr. Austin thanked the Town staff for their support and information and asked the Trustees to join the coalition to express gratitude to the volunteer firefighters and the fire department. He urged the voters to vote yes on the 2 issues. Don Widrig/2661 Eagle Rock Drive questioned the funding, the need for additional substations, how the 4.25 mills was determined and the overwhelming impression that the proposed district is driving a wedge between the property owners in town versus those living in the OPA. Administrator Repola stated these funds would allow the volunteers to spend their time and energy on training and providing emergency services instead of fundraising. The fire department is operating with some equipment/vehicles that cannot be depreciated any further due to age. Additional substations would provide lower ISO ratings for properties within 5 lane miles from the fire station and to provide faster response time. Jim Austin stated the Town has no legal requirement to provide service outside Town limits. The sales tax dollars collected by the Town pay for other services such as the police department that does not serve properties outside Town limits. The budget established by FCEV projects the financial needs of the district, the purchase of additional equipment and up to 6 substations. He invited all interested parties to an informational meeting that would be held Monday, October 2,2006 in the Hondius Room of the library. John Spooner/527 Hondius Circle spoke in opposition to the fire district. He agreed that a wedge is being driven between the community and objected to the notion that out of town property owners do not contribute to the funding of the fire department. Attorney White read the resolution. Following discussion, it was moved and seconded (Eisenlauer/Blackhurst) Resolution #22-06 in support of the Estes Valley Rural Fire Protection District be approved, and it passed unanimously. 3. RESOLUTION #23-06, OPPOSING AMENDMENT 38. Attorney White read the resolution. Mayor Baudek reviewed the main issues of concern: an election could only be held in November; signatures do not have to be verified; the local government would be responsible for printing costs of petitions and campaign mailings; opponents would be limited to the number of words printed by the petitioner; questions could not be answered by government; if questions were answered or information was provided, the individual could be sued without representation by the government. After further discussion, it was moved and seconded (Newsom/Levine) Resolution #23-06 opposing Amendment 38 be approved, and it passed unanimously. 4. TOWN ADMINISTRATOR REPORT. 1. Attorney White presented a status of the Habecker lawsuit. Former Trustee Habecker filed a complaint with the U.S. District Court in 2005 stating the Town required him to say the Pledge of Allegiance and Board of Trustees - September 26,2006 - Page 6 processed a recall petition illegally. Friday, September 22,2006, Judge Nottingham granted a motion of summary judgment dismissing all claims against the Town, Town empldyees and the 3 individuals of the recall committee. He stated the Town did not require Trustee Habecker to recite the Pledge nor did the Town cause injury by processing the recall petition. The voters have the right under state statutes to recall an elected official. All claims including federal claims were dismissed without prejudice. Whereupon Mayor Baudek adjourned the meeting at 9:33 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk i. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 28,2006 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 28th day of September, 2006. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: All Also Attending: Chief Richardson, Chief Dorman and Clerk Williamson Absent: Administrator Repola Chairman Newsom called the meeting to order at 8:00 a.m. POLICE DEPARTMENT. Halloween Street Closure - Request Approval. Chief Richardson requested the closure of Elkhom Avenue from Spruce Drive to East Elkhorn Drive from 5:00 p.m. to 9:00 p.m. on Tuesday, October 31St for the downtown Halloween program. This program provides a safe environment for the children of the Town. The Committee recommended approval of the street closure as outlined above. Reports: 1. Victim Advocates Update - Mary Mesropian/Executive Director provided a 6 month program update: 8 advocates on call; 377 contacts year to date; actively recruited a Spanish speaking counselor and advocate; continue to provide 24/7 advocacy service; moving forward on the addition of a safehouse. The Victim Advocates new building will provide office space, outreach and a safehouse for battered women and their children. The community has been extremely supportive and contributed household goods to the house. The Estes Valley Victims Advocates Board of Directors have begun a capital campaign with the guidance of a local consultant and grants are being prepared to purchase the current building that has been donated for 3 years at no charge. The building committee is receiving estimates on repairs, ADA compliance upgrades and security measures. The current estimate for the purchase and repairs is $485,000. The Committee thanked Ms. Mesropian for her continued efforts. 2. Scope of Services - Chief Richardson reviewed the matrix developed to measure performance for the Police Department and Communications. The four main categories identified include patrol, investigation, restorative justice and police communications. He reviewed the workload, efficiency and effectiveness of each category. $290/resident was spent in 2005 to provide police services. Goals include a reasonable response time with a point of origin as the police station of 3.5 minutes for a 911 call, 8 minutes for a non- emergency call, case clearance rate of 66% for Group 1 crimes (performed by detective), case clearance of 35% for Group B crimes (performed by officers); accidents per capita 5%, 85% satisfaction for zone policing, 20% repeat offender rate for Restorative Justice, 85% satisfaction from customer survey, no more than 2 rings 98% of the time for emergency calls and 4 rings 90% for non- emergency calls. FIRE DEPARTMENT. Reports: 1. Pandemic Influenza Planning - Chief Dorman reported the county steering RECORD OF PROCEEDINGS Public Safety Committee - September 28,2006 - Page 2 committee is collecting information from other communities to complete the county plan by the middle of November. A presentation was provided to the Town employees at a recent all employees meeting. The CDC has 6 levels of preparedness, with the CDC at a current level of 3; however, the county believes we have been at the CDC level 4 for sometime, which is person-to-person inefficient transmission. 2. Fire Restrictions - All fire restriction have been lifted by the county, state and federal agencies. 3. Child Safety Seat Fitting Station Desianation - Chief Dorman has provided a child safety seat fitting service for the past couple of years at the fire station. A grant was applied for to become an official fitting station and with the approval of the grant were approximately 40 seats to be given to families that can not afford new seats. Trustee Blackhurst questioned if this service is publicized and listed on the town website. Chief Dorman stated the service is not publicized on the Town website because he is the only one qualified to provide the service; however, he does receive referrals from the police and hospital. Trustee Newsom suggested an article describing the service be included in the Town Bugle. 4. RMNP Fire Station Ground Breaking - A ground breaking was held earlier this month for the new fire station located on Mills Drive. The station is scheduled to be complete the 1St of 2007. - 5. 2nd Quarter Report - Chief Dorman reviewed the report stating total losses were $600,000 with most losses due to vehicular accidents and $1.5 million saved. 6. Stope of Services - The draft scope of services focuses on population, Town expenses, volunteer expenses, property valuation within Town limits and valuation within the Other Protedtion Area (OPA). Workload consisted of number of responses, response hours, education and outreach hours. FPA standards state a piece of apparatus should be on site within 10 minutes 80% of the time for a community with a volunteer department the size of Estes Park. The current response time rate is 74%. Every call generates paperwork that must be completed and currently there is more work than cAn be completed by the 1.75 employees. Chief Dorman stated standard procedures determine what apparatus are called to an incident. The first responder reviews the incident and determines what apparatus should be sent and how many firefighters are needed. 7. Fire Prevention Week - The week of October 9th is Fire Prevention Week. Programs will be conducted at the schools. , MISCELLANEOUS. 1. Bread Truck. - 2 officers from Estes Park drove the surplus truck to Estes Park from Fort Randolph Air Force Base in Texas. LETA funds will be used to outfit the truck with equipment necessary for a mobile communication center. Police Department anticipates $20,000 would be needed from the Police budget to make the truck operational by February. 2. 34/36 CDOT Cameras. - Commander Kufeld has had conversations with Larry Haus/CDOT regarding the use of the cameras to remotely monitor the 34/36 intersections from their offices in Greeley. The intersections at Moraine/Elkhorn or Riverside/Elkhorn are being reviewed as potential monitoring sites. The future plan is to provide online monitoring of the intersections. 3. Action Plan for Bicycles on the Riverwalk. - Sergeant Pass stated the officers RECORD OF PROCEEDINGS Public Safety Committee - September 28,2006 - Page 3 and the CSOs experienced a decrease usage of bicycles on the riverwalk; however, a number of signs along the riverwalk continued to be removed during this past season. The Police Department and the Streets Department are discussing other methods for attaching signs to posts or perhaps spray painting the sidewalks with "No Bicycling" signs. 4. Estes Valley Rural Fire District. - Bill Van Horn/North End Property Owners Association questioned whether or not the Fire Department would respond to the OPA in the future with or without the fire district. He stated the property owners in the OPA need to know the Town's position in order to make an informed decision. Those living in the OPA feel intimidated and the perception in the community is those living in the OPA do not pay for the services provided by the fire department. Those living outside town limits are being asked to pay 3 times what property owners in town pay. He stated he would be in favor of paying for a fire district as long as it was equitable. Mr. Van Hom complimented the fire department and the volunteer firefighters for their superior service to the community. There being no further business, Chairman Newsom adjourned the meeting at 9:32 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 5,2006 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 5th day of October 2006. Committee: Chairman Pinkham Trustees Eisenlauer and Levine Attending: All Also Attending: Administrator Repola, Directors Pickering, Kilsdonk, Mitchell, and Joseph, Manager Marsh and Clerk Williamson Absent None Chairman Pinkham called the meeting to order at 8:00 a.m. PUBLIC COMMENT Trustee Levine informed the Committee that Susan Ryder, winner of the Pride Award for Teacher of the Year, was awarded Colorado Teacher of the Year. CONVENTION & VISITORS BUREAU Estes Park Ghost Rides - Request Approval. Aspen Livery has requested using the Visitor Center parking lot to load and unload passengers for their ghost rides. Paula Foster/General Manager Aspen Lodge stated the carriage rides would be conducted every Friday and Saturday evening through the month of October. All trucks and trailers would be parked at the Silver Lane Stables across the highway from the Visitor Center. She stated this request is to take advantage of the parking at the Visitor Center and provide a safe location for their customers. Administrator Repola informed the Committee any changes to the actual route would be approved at staff level by Community Development. After further discussion, the Committee recommended approval to use the Visitor Center as a loading and unloading zone as outlined above. Visitor Center Landscape Concept - Report. Dir. Pickering stated the Town Board approved a landscape design contract for the Visitor Center with Joan Sapp at their August 8,2006 meeting. Joan Sapp presented the overall landscape plan that addresses the regulations of the Estes Valley Development Code, desires of the Tree Board, landscape committee requests, a beautiful landscape with color year-round and low maintenance. In order to provide a year-round landscape, Ms. Sapp recommends an enhanced native landscape that would include grasses, shrubs and trees, and would withstand the weather and pressures from the wildlife. The Women's Club has shown an interest in maintaining a waterfall/pond feature at the entrance to the Visitor Center; however, their current funds would only fund a portion of the project. Establishing a patio area with an informal seating area in the northwest corner of the property could provide a photo opportunity. The Tree Board has expressed interest in developing a native plant walk along the river to the east with signage for the plants. Ms. Sapp also stated the Town should consider addressing the erosion of the riverbank prior to any planting. Administrator Repola informed the Committee that this project would likely be completed in phases and cost estimates need to be established. Dir. Joseph stated the design meets the technical requirements of the code. The Committee recommended approval of the concept and requested staff return to Committee with cost estimates and phasing options. Non-Profit Use of the Bond Park Informational Cabin - Request Approval. Staff has received several requests to use the cabin during the off-season. The proposed 2007 budget contains a line item to upgrade the cabin with electricity and heat. Staff would recommend developing a use policy to allow local non-profits to use RECORD OF PROCEEDINGS Community Development - October 5,2006 - Page 2 the cabin during the off-season. After discussion, the Committee recommended approval to develop a use policy for the Bond Park Informational Cabin. The use would be limited to local non-profit organizations and service groups during the off-season for information and ticket sales with no food or drink items allowed and no fee would be charged for the use; however, a refundable damage deposit would be collected. The policy would be added to the CVB policy manual once approved by the Community Development Committee and adopted by the Town Board. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Advertising â€¢ Communications â€¢ Public/Media Relations â€¢ Visitor Services Mgr. Marsh presented the new television commercial that would be updated to provide seasonal variations. He also stated the Visitor Center experienced a significant increase in traffic this year during the Elkfest up from 1,600 in 2005 to 5,500 in 2006. Mayor ProTem Pinkham requested the Visitor Center report include percentages in addition to the numbers for further clarification. MUSEUM/SENIOR CENTER. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Monthly â€¢ Senior Center Monthly A new exhibit will open at the museum Friday, October 6th from 5:00 p.m. - 7:00 p.m. on the Â«Merging Elkhom". The sale of wooden street signs has been strong with over 120 signs sold and another 120 to be sold. Senior Center breakfasts were a huge success this year. The Senior Center is currently offering 2 trips a month for activities with a high attendance rate. Trustee Levine requested the meal report show a year-to-date for combined meals for each calendar year including the current year. COMMUNITY DEVELOPMENT. Habitat for Humanity Fee Waiver - Request Approval. Habitat for Humanity has requested a fee waiver of all land use review fees associated with the proposed subdivision and annexation of Lot 1, Block 1, Ferguson Subdivision. This project is anticipated and has not been submitted to the Community Development Department for review. Staff estimates the fees at approximately $4,700. Trustee Levine recused himself from the discussion and recommendation. The Committee recommended approval to waive the land use review fees for the Habitat for Humanity Ferguson Subdivision. Development Application and Building Permit Fee Increases - Request Approval. As the cost of new construction continues to increase significantly, so to are the costs for providing planning and building services due to the cost of insurance coverage and other non-discretionary operational cost drivers. Staff would recommend all Community Development fees increase annually based on the Denver CPI and would take affect beginning January 2007. The Committee questioned if other municipalities adjust fees yearly based on CPI. After further discussion, the Committee requested staff provide RECORD OF PROCEEDINGS Community Development - October 5,2006 - Page 3 additional information to establish anticipated revenue and expenditures, determine the cost drivers and research other municipality's fee structures and present findings at the next Committee meeting in November. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Activity and Budget Summaries ADMINISTRATION. Funding for Hermit Park Acquisition- Request Approval. Larimer County Parks and Open Lands have requested the Town participate in the acquisition of the Hermit Park property. The Town would be one of several entities including the Estes Valley Land Trust participating in securing the 1369 acres for recreation and open space. Staff would recommend any contribution from the Town include terms and conditions that provide for continued operation of the Park and a dividend payment to the Town's Open Space Fund. Participation could be funded from the Town's Open Space fund; however, any funds committed to this purchase would likely move back timelines on future projects. The estimated, unrestricted fund balance at 2006 year-end will be approximately $529,000 and the estimated fund balance of $609,189 at 2008 year-end. The Town has been asked to consider participation of up to $400,000. Future uses of the Open Space fund could include the soccer fields at Stanley Park and future phases of the Fall River Trail. The Estes Valley Land Trust would like the Estes Valley to contribute up to $1 million towards the purchase of Hermit Park. They are concerned the Open Lands will not secure the funds necessary from the Department of Wildlife and/or the GOCO grants necessary to purchase the property. Mayor ProTem Pinkham stated Agilent and HP have also begun a fundraising effort and would donate funds raised to the Friends of Larimer County Parks and Open Lands. The Estes Park Land Trust is also considering a similar fundraising effort. He also stated an appraisal is still forthcoming and should be complete by the end of November with a closing in April or May. After further discussion, the Committee recommended the following finding 1) The Open Space fund is capable of funding the acquisition of Hermit Park up to $400,000; 2) Consideration of more than $250,000 is based on the request by the Estes Valley Land Trust; 3) Town would have first right of refusal to continue operation of the park should the County cease to operate it and a dividend payment by the County to the Town's Open Space fund in the amount of 1 % of gross earning per year; 4) This project is consistent with the ballot language for the use of the Open Space funds. This item will be an action item at the October 10, 2006 Town Board meeting. Stanley Park Theatre Advisory Committee Appointment - Request Approval. The Town Board appointed the Stanley Park Theatre Advisory Committee at their September 12, 2006 meeting. Nancy Stevens has since resigned from the Committee. William McNamara has been approved by the Committee as Ms. Stevens replacement and requests approval from the Town Board. Mr. McNamara has been an active member of the committee. The Committee recommended approval of William McNamara as a replacement member to the Stanley Park Theatre Advisory Committee completing the term of Nancy Stevens, expiring March 31, 2008. MISCELLANEOUS Trustee Eisenlauer requested staff provide additional information on the proposed fire district being brought forward by the Firewise Coalition of Estes Valley. Staff will continue to provide information and address the current assertions made by the Committee For Fair and Equitable Fire Protection. A 1992 IGA between the Town of RECORD OF PROCEEDINGS Community Development - October 5,2006 - Page 4 Estes Park and Larimer County states the Town will provide fire protection for the outlying areas and can be discontinued anytime with 15 days written notice. The county does not provide fire protection service for any area, and the unincorporated Estes Valley is the only area within Larimer County not covered by an authority or a fire district. Administrator Repola provided additional background regarding the relationship between the Town and the Volunteer Fire Department, Inc. There being no further business, Chairman Pinkham adjourned the meeting at 9:59 a.m. Jackie Williamson, Town Clerk RESOLUTION #__24=Q6_ BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Beer and Wine Liquor License, filed by, YAMA Inc. dba Sushi Yama Express, 356 E. Elkhorn Ave. #3, Estes Park, Colorado, is October 2,2006. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Town Hall, 170 MacGregor Avenue, on Tuesday, November 14, 2006 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.81 miles, as measured from the center of the applicanfs property. DATED this day of ,2006. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Memorandum October 2,2006 To: Mayor Baudek Trustees Administrator Repola From: Gerry Swank, Chairman of EPURA Wil Smith, Director of EPURA Re: Reappointment of Ron Wilcocks to EPURA Board The term of EPURA Commissioner Ron Wilcocks has expired. Ron has served well as an EPURA Commissioner and has indicated a willingness to continue to serve on the EPURA Board. We therefore recommend that Ron be reappointed for a five-year term expiring in September, 2011. CD Z 4 - L Â» .1- .A .-0 . U) Z 4 --0 - . -1 gf D ,Â¢2&4 5Â·'>:Ifg 5*,41 lif AW f 09/$ ./5/3/& 9/ a I . INA Â».C .-4 . 4 f- 4 + + Purpose â€¢ To provide an overview of liquor licensing. â€¢ Discuss license types, new licensing requirements/procedures, renewals, transfer of licenses and administrat ve procedures for SU0!le'0!A - >4 0 .C 2 - O Â£:2.E g -0 > 4- m U) a, O U) I , I 1-- dw ig .6 0 . Â· Â·C (D (0 0 - O 0 0 -C = .C ~21&20 . U; C m - 4- 2 lig' 3:- C, O 2, d A - C .2 2- m- 4 -- 3 . >1 .ill .- .lii g) 0 0 - mose:50> E 0 14 .. E- b co i; Â·5 2 8 0 0 â‚¬ % &~ 1%~ m 'fitÂ¢ â€¢ m 53 9;4 1 a O 4 E 61- 3 0 0 10 C - % 4 I U, 0 m <N I. 0 -se = 0 i ,*ciEE diESS.*96 ill 0/ ... 97#8 I .31* C 40,?f~ 0 4 'A, t . 00 ' U ' 1 . 92*14; ~ . <j , 949 %14 bv <r" . L . 2.2/9 : eV - 0 ill. . ... 1%3/:..i ': } 0 339 94 141% 41 . *291 .?a ual Licensing Authorities eny, hsue, Suspend, Revoke State Licenses, Special JO WeA8 341 u! sBu nv Bulsueo!-1 le :Spiepuels 1 ~~11 Sluell,31!nbell elqeuose Sel!sea pue speeN Un seoueu!plo 9 Bu!u apOO JO ,Â·6' 4 Â¥ E m * % A #. 4 tja. : . M. . Types of Liquor Licenses â€¢ Off-Premise (Consumption Off Licensed Premise) Â· Sale of Malt, Vinous and S rituous Liquor. Â· No food items except those used for preparation of 'lonb!-1 snonw. S pue nou!A lev\I o eles sesueS!1 06 JaAeg lieK pejueuued % (Selms Jue!'.leAUO0 'elois X.Ieoo.19) 39!Ulaid-#O â€¢ 'se6eJeAaq 0!104001e eJoiSBnla pesueo!-1 Jonb!1 - (asinoo,loo) es!Ulaid-uo (UAAol AU!1) es!Ulaid #O 9 uo . - Retail Liquor Store , 74 I ./ I * 4 I . / / /*-- 7 le: .- d - ..4 4 - . 4.0 t. f- . C N 10 .= 2% f C 0 4J 0 m ME 0 - C 0- O Oil.. 9 6 0 Ii< .0 Eod (/50Â·>w ~~ LK. - O 0 U) - .6 0 1-= . 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Â® 22 >'= U) - $ M 32 ~51=51*=u-u,w. = co m = 3 E (D (0.10 6- 0 0 .. Types* of Ljquor Licenses, Cont'd alt, Vinous and Spirituous; and the Manufacture of 11 manufactured beer fpr off-premises consumption in eje selie.leAeq lolloole J! '~Ul d 00 'urd 00:8 Je#e aiqul! poo, Jo eles e41 'Aluo sisen!3-9 sieqlueul'.10, e< Alas e6etlekeq '04ooIV Â· e!111!oe, uor. contain rs sjueluallnbel poo, ON . Jo d-uou Xiuo . qr'10 - ileIN Jo eles â€¢ t C' 3> k K & I.- i , - I E CO X . C :r C - ' -* g =2 -E .0 4 a. *0 EBO E m (D J m a, 4, 7$ U) 0.- 9 0.- c >, E o >, E o Â¢0 4, O 8 2 9 736 0 3:2, I e O- w D- 0 r.. -12 r..c .!2 iBEdo E- , 28 3% -- 44* . 6 C (5 Â¤3 2 73 - O 0- m a, 0- Zt 5, 9 a,a) .E u' & oCT Â·= 8 736 .-O i P #4 * la UL E ~ 1 41 ~ la g 91 i &.9 13 -,1 . CE s CL C . . ~J $ 10 E e B E y ~ 2 1 Z E 2 ,:5% . f I C 93 0.00 + 4 4 2 4 4 % 0 - > O m m (1) 2 /:*:f..5 1 -4 lip Â· W O o (9 00 0 00 00 00 Z 1- 0 05 j ;44 m ./ %*. CO..9.....9.0 / g i CIO A 00 $*: 04.% 0.7. 0 2 X h: % 4 . C .10. Â¥;2 -4 :: &24 :- > 'C>: â‚¬ (\:-234,2-- ./ m , .-:Â»4 L :4.i m ~flr.0 | 1 | Moq.,ikip> 1% :94 ~:t,Â© :.515 40~.o<ju .~,jj~:~i:%%:V.tÂ¥: %:?f: tiff: ...fI 7 A > :r . 7 GEN 931 R h 4Â»44 : ~ :: t ~ Nx: ;..:~~. li~ 02 jt; 0. f 0 &4%4, *. 01<i~4 1. E :f Ii:: 7 :,- <Ul. Â·Â· faul aÂ« ,. 29 , um Allowed - on insumption :Xepinies 46noJ41 AepuoIN '1 elois Bn & Restaur I . ,4 , 9 ..1 + I "f 5 2 021 6. 'W ... New License Procedures / Requirem ents Property Possession for 1 year or more. (183/Opeloloj/ieool) Moello'punoifhioes / slulldieBuld - oje 'sjuelueeli3e eselloind 'sueol/selou Auv - 'M.loNueded 'dioo 41!cle!-1 1!LUM-1 'dills.laul.led~'uo!~elod.loo . â€¢ All Required Documents .uolleu,JO,Ul pun 'uiekel pue lueineisekl 9 lejoH JO# peJ!nbekl - Diagram of Premise. rUIJOd *Jols!H ienpy!pul - State Application .uoueils!6ekl JeBeuel/\I Â· see=' elepdolddv - 4 1 ' 1 . i !*I Y h lib' 1. 444 $ 41 6.., iÂ¢5.-2 , r :e t. 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ProhiÂ·bited as Licensees-= Eo asu~'!Ipe~JoySUZe catipns, an investigation of the character operational mgnager shall be deemed ient to determine wh,eth or club license to the applicant. be issued t or he Id by any peace officer, pp icant shaN submit fingerprints sell *11104;ne Suisuao!' ell; SS .1 u! inbei 104ooie pele|0!A lueo!idde )aeoold eA!}ells!u'lupe .10 leu!Ul!Jo s! led!ou!.Id Jell JO S!4 10 'lualie Jell JO S!4 0!jeindel Jo 'plooe.I Ueloe.lello elll (A) . of its jnspectors r emP'Oyees. penss! s! asueo!' e J! inooo Xew aim s!41 Jo 9* elon.le lo e s!41 Jo ubnelo!A le!}ualod e ie41 4ons 10 :ejeld )ou!' s! iueo!Idde ue Aq pejilluqns* uonelul ! 541(Al) !010 pells!lqeise ue sell jueoldde elll (Il) to the applicant. ejeAeq I (0 0, -Â¤ O 73 2 /649< .21Â®09 16.-ce a) t E .6 2 225.2. 73 2 1d 42 2 6, 8 45 45 29 ir 1 2 .7 U) i Eo-w 9 1% m E (1, O 1 4Â¥ 4/ A .1- m : >' E c, C) Z - 73= (D =(D - r & :* 4404 00.- 9, 9- :i '. 4.0,. 03&19 (0 = AL, r- a) 2 16 0 ~ a. -Â¤ v E g M lEo 3 - C.C A (D w ~2-4.* g~ g ' 2 2-*ig=- =- * *g-2 5 2%2 2 g. 2 t .4 1 L 0 c .p c n (1) 0 (0 - 2 0 0 =.- m = 6.- ':,2. 29 ''ECE 2 2 0 2 8 2 .2 5 42 4& 73- :4 a.4- m R:'.r. $8 0@N 0 0-c.C 7~ .!2.~ 4- .gy. 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This property had a tavem license issued to The 1800 Sports Bar in 2003. All necessary paperwork and fees were submitted. Please see the attached hearing procedures for further details. Budget NA Action: Town Board approval or denial of the new license. 1 Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Jackie Williamson, Town Clerk Date: October 5,2006 Subject: New Liquor-License - Smokin' Dave's BBQ & Taphouse Background: Phillips Management Systems Inc. has applied for a new Hotel and Restaurant liquor license for Smokin' Dave's BBQ & Taphouse located at 820 Moraine Avenue. This property had a tavem license issued to The 1800 Sports Bar in 2003. All necessary paperwork and fees were submitted. Please see the attached hearing procedures for further details. Budget NA Action: Town Board approval or denial of the new license. 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Phillips Management Systems, Inc. dba SMOKIN' DAVE'S BBQ & TAPHOUSE, for a New Hotel and Restaurant Liquor License located at 820 Moraine Avenue. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: 0 The application was filed August 25,2006. 0 At a meeting of the Board of Trustees on September 12, 2006, the public hearing was set for 7:00 p.m. on Tuesday, October 10, 2006. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 3.80 miles. B The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Corporation E The property is zoned CO which allows this type of business as a permitted use. B The notice of hearing was published on September 29,2006. 1 E The premises was posted on September 28,2006. 0 There is a police report with regard to the investigation of the applicant. n Status of T.I.P.S. Training: X Unscheduled Scheduled Completed (Date: ) 0 There is a map indicating all liquor outlets presently in the Town of Estes Park available upoh request. 3. APPLICANT. 0 The applicant will be allowed to state his case and present any evidence he wishes to support his application. 4. OPPONENTS. 0 The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. m The applicant will be allowed a rebuttal limited to the evidence presented by the Â· opponents. No new evidence may be submitted. 5. MAYOR. m Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. D Indicate that all evidence presented will be accepted as part of the record. m Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. m Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 2 TOWNÂ«Of<ESTES;PARK Police Deportmenl September 29,2006 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Phillips Management Systems Inc., dba Smokin' Dave's BBQ & Taphouse Oehlman, David Ross 06/13/66 Oehlman, Cathy Ann 11/01/66 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above-named persons and business was conducted. There are no reports on the business. There is a report of Other Disturbance listing both individuals as subjects. There are no other reports. Sincerely, dl -fowell Richa- s - Chief of Police, Estes Park Police Department P.O. BOX 1287 â€¢ 170 MACGREGOR AVENUE â€¢ ESTES PARK, COLORADO 80517 PHONE: 970-586-4465 â€¢ FAX 970-586-9681 www.estesnet.com/pd 1~7 1 Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Jackie Williamson, Town Clerk Date: October 5,2006 Subject: New Liquor-License - Wine Background: Wine LLC has applied for a new Retail liquor license for Wine located at 332 E. Elkhom Avenue. This property recently was a wine tasting room for Valley of the Winds winery. Wine will be a boutique wine shop and does not intend on selling spirituous liquor with the exception of a couple of items such as ports or brandies. Wines sold at the shop would be featured at Cheese, a unique shop pairing wine and cheese flights. If customers enjoy the wine purchased for consumption at Cheese, they can go next door and purchase the wine by the bottle at Wine. All necessary paperwork and fees were submitted. Please see the attached hearing procedures for further details. Budget N/A Action: Town Board approval or denial of the new license. 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Wine, LLC dba WINE, for a New Retail Liquor License located at 332 E. Elkhorn Avenue. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: E The application was filed September 1, 2006. 0 At a meeting of the Board of Trustees on September 12, 2006, the public hearing was set for 7:00 p.m. on Tuesday, October 10, 2006. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 4.10 miles. 9 The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Limited Liability Corporation 0 The property is zoned CD which allows this type of business as a permitted use. 0 The notice of hearing was published on September 29,2006. 0 The premises was posted on September 28,2006. 1 0 There is a police report with regard to the investigation of the applicant. [l Status of T.I.P.S. Training: X Unscheduled Scheduled Completed (Date: ) E There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. 8 The applicant will be allowed to state his case and present any evidence he wishes to support his application. 4. OPPONENTS. m The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. m The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. n Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. 0 Indicate that all evidence presented will be accepted as part of the record. m Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. m Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets iA the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 2 TOWN Of ESTES jPARK Police Department September 29,2006 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Wine LLC dba Wine Treadway, Barney Raymond 05/12/65 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above-named person and business was conducted. There were no reports on the business or the individual listed. Sincerely, ~35;;2 6/ Lowell Richardson Chief of Police, Estes Park Police Department P.O. BOX 1287 â€¢ 170 MACGREGOR AVENUE â€¢ ESTES PARK, COLORADO 80517 PHONE: 970-586-4465 â€¢ FAX 970-586-9681 www.estesnet.com/pd 1 ~71 Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Jackie Williamson, Town Clerk Date: October 5,2006 Subject: New Liquor-License - Cheese Background: Cheese LLC has applied for a new Beer and Wine liquor license for Cheese located at 330 E. Elkhom Avenue. Cheese is a unique shop pairing wine and cheese/pate flights. Cheese will also sell any of the food items available in the flights. Wines used in the pairing can be purchased next door at the new retail store Wine. Due to liquor code requirements, Cheese will also have to provide sandwiches on the menu. All necessary paperwork and fees were submitted. Please see the attached hearing procedures for further details. Budget NIA Action: Town Board approval or denial of the new license. 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Cheese, LLC dba CHEESE, for a New Beer and Wine Liquor License located at 330 E. Elkhorn Avenue. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: 0 The application was filed September 1, 2006. 0 At a meeting of the Board of Trustees on September 12, 2006, the public hearing was set for 7:00 p.m. on Tuesday, October 10, 2006. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 4.10 miles. 0 The Town has received all necessary fees and hearing costs. 9 The applicant is filing as a Limited Liability Corporation e The property is zoned CD which allows this type of business as a permitted use. 0 The notice of hearing was published on September 29,2006. B The premises was posted on September 28,2006. 1 0 There is a police report with regard to the investigation of the applicant. Â£ Status of T. I.P.S. Training: X Unscheduled Scheduled Completed (Date: ) 0 There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. 0 The applicant will be allowed to state his case and present any evidence he wishes to support his application. 4. OPPONENTS. m The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. U The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. 0 Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. m Indicate that all evidence presented will be accepted as part of the record. Â£ Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. m Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 2 . TOWN Of ESTES PARK Police Department September 29,2006 Jackie Williamson, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Cheese LLC dba Cheese Treadway, Margaret Ann 12/06/64 Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above-named person and business was conducted. There were no reports on the business. The individual is listed in an Animal Control report. There are no other reports. Sincerely, Chief of Police, Estes Park Police Department RO. BOX 1287 â€¢ 170 MACGREGOR AVENUE â€¢ ESTES PARK, COLORADO 80517 PHONE: 970-586-4465 â€¢ FAX 970-586-9681 www.estesnet.com/pd 1/.7 1 Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola ~C Date: October 5,2006 Subject: Hermit Park Background The Town has been asked by Larimer County Parks and Open Lands to participate in the acquisition of the Hermit Park property on U.S. Hwy 36. The Town would be one of many entities participating in an effort to secure the 1369 acres for recreation and open space. The Estes Valley Land Trust has indicated that they too will contribute funds towards the purchase. This matter was discussed at the September 12, 2006, Board meeting and referred to the Community Development Committee for further discussion. Following further discussion at the October 5 Community Development Committee meeting, the Committee made the following findings: 1. Consideration of contributing more than $250,000 is based upon the request by the Estes Valley Land Trust; 2. The Open Space fund is capable of funding the acquisition of Hermit Park up to $400,000; 3. This expenditure of Open Space funds is consistent with the ballot language for the use of the Open Space funds; 4. Town shall have first right of refusal to continue operation of the park should the County cease to operate it, and; 5. The Town should request an annual dividend payment from the County to the Town's Open Space fund in the amount of 1 % of gross earnings from Hermit Park per year for each $100,000 contributed by the Town towards the purchase. Budget Current 2006 budget estimates forecast an Open Space year-end fund balance of $529,589 (up from $443,395). The current year revenue projection has increased to $259,250 from $231,869. Initial budget estimates for 2007 and 2008 are for annual expenditures of $233,400 and $200,000 respectively with conservative revenue estimates of $235,000 in 2007 and $240,000 in 2008. The end result is an estimated fund balance of $609,189 at year-end 2008. 'j Budget (continued) Future uses for Open Space funds include trail expansions and Stanley Park Fairgrounds soccer fields. We do not have estimates for these future projects but project the soccer fields to be in the area of $300,000 to $400,000; future phases of the Fall River Trail will simply be added as funds become available. Average costs for Fish Creek trail are approximately $244/linear foot (inflation adjusted). The next phase or two of the Fall River Trail may be slightly more expensive due to space constraints along the river. Any funds committed to this purchase will likely push back timelines for future projects. The Town has been asked to consider participation of up to $400,000. Action Recommendation of an amount from the Town's Open Space Fund to contribute toward the purchase of Hermit Park. t â€¢Page 2