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Home My WebLink AboutPACKET Town Board 1993-06-29111 LIP .. 'i .Â· 1 1.r p Y# if . ..1 BOARD OF TRUSTEES - TOWN OF ESTES PARK i Tuesday, June 29, 1993 7:30 P.M. AGENDA PUBLIC INPUT. To codduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated June 8, 1993. 2. Bills. 3. Committee Minutes: A. Administrative, June 28, 1993. C. Planning Commission, June 15, 1993 (acknowledgement only). D. Firemen's Pension Board, June 18, 1993 (acknowledgement only). 4. Liquor License Renewals: A. Rex Maughan, dba HOLIDAY INN OF ESTES PARK, 101 S. St. Vrain Ave., Tavern, includes Extended Hours. B. Longs Peak Scottish Highland Festival - Authorization to post premises for Special Event Application (consideration scheduled July 13, 1993). C. Surrey Restaurant, Inc., dba LA CASA DEL ESTORITO, 222 E. Elkhorn Ave. - Modification of premises to exclude deli (sold this portion of business). D. Steve Nytes, dba ESTES PARK REC CENTER, 1104 N. Lane, Tavern, includes Extended Hours. 5. Planning Commission. Public Hearings continued to July 13, 1993: A. Final Plat of Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision, known as "The Promontory". B. Amended Plat of Lots 18, 22, and 30, Grand Estates Subdivision, Robert & Lois Jurgens/Applicant. C. Rezoning and final Plat of East Park Resubdivision, North Ridge Meadows Condominiums, Rich Wille/Applicant. ACTION ITEMS: 1. Special Events Committee - Item continued from June 8, 1993 Town Board Meeting: A. Fall River Productions Agreement - Approval. 2. Administrative Committee, June 28, 1993: A. Ordinance - Liquor License Renewals. 1 3. Memorandum of Understanding, ESTES VALLEY RECREATION AND PARK DISTRICT -- Installation of Playground Equipment. 4. Presentation of Audit for Fiscal Year Ended December 31, 1992 - Steve Jackson, CPA. 5. Ordinance Vacating Utility Easement -- Lot 2, Sepahpur Subdivision. 6. Town Administrator's Report. . 2 June 8 93 ~Ictfurt of listes Â¥'arit, larimer County, Colorado, 19...... 40 Minutes of a.....RegularÂ· Â·Â· ,..,, 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 8th June 93 2 on the ~Â· day of A. D. 19 .at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor . Present: Mayor H. B. Dannels Trustees: George J. Hix, Mayor ProTem Robert L. Dekker, ! Susan L. Doylen, Stephen W. Gillette, Also Present: Gary F. Klaphake, David Habecker Town Administrator Gregory A. White, Town Attorney Absent: Vickie O'Connor, Town Clerk Absent: Norbert L. Aldrich, Trustee 1 Mayor Dannels called the mJeting to order at 7:30 P.M. 1 PUBLIC INPUT. Lou Canaiy commented on the proposed operation of a flea market located at the former drive-in site (Highway 34 east). Mr. Canaiy was advised that the site is located outside Town Limits, within Larimer County's jurisdiction. CONSENT CALENDAR: 1. Town Board minutes dated May 25, 1993. 2. Bills. 3. Committee Minutes: A. Special Events, May 27, 1993.' B. Public Works, May 27, 1993. C. Community Development, June 3, 1993. D. Board of Adjustment, June 2, 1993 (acknowledgement only). 4. Liquor License Renewals: A. Kenneth J. Gritzman, TOP OF THE PARK RESTAURANT, 145 E. Elkhorn Ave., Beer & Wine. B. Snowdance Properties, Inc., dba FRIAR'S RESTAURANT, 157 W. Elkhorn Ave., Hotel & Restaurant, includes Extended ~ Hours. C. Ahmad I. Zaina, BEAVER POINT QUICK STOP GROCERY, 911 Moraine Ave., 3.2% Retail Beer. It was moved and seconded (Hix/Gillette) the consent calendar be approved, and it passed unanimously. MISCELLANEOUS: 1. Colorado State Representative Bill Kaufman. Mayor Dannels introduced State Representative Bill Kaufman who offered his ' assistance in representing Estes Park at the state level. 2. Lisa King Sanchez/Galleries of Estes Park Association. Ms. Sanchez/Association President presented the 1993 Jazz Fest Poster in appreciation for the Town's support of this special event. The Association received a value worth $5,000 in % advertising in 1993 as compared to $1,300 in 1992. The event Board of Trustees - June 8,1993 - Page 2 was very successful and continues to improve every year. Steve Cross/President-Elect presented copies of the Estes Park Gallery Guide. Mayor Dannels expressed the Board's appreciation to the Galleries Association for their effort and enthusiasm on this event. ACTION ITEMS: 1. Special Events Committee, May 27, 1993: A. Fall River Productions (Flea Market). Questions were raised pertaining to this event and whether (1) it was canceled and (2) if a deposit was retained as the facility had been reserved. As confirmation could be not be provided, it was moved and seconded (Gillette/Habecker) the Agreement with Fall River Productions be continued to June 29, 1993, and it passed unanimously. B. Loveland Paint Horse Club. August 21-22. 1993. It was moved and seconded (Hix/Habecker) the standard horse show agreement be approved, and it passed unanimously. 2. Public Works Committee, May 27, 1993: A. Change Order for Parks Shop. Public Works Director Linnane reviewed the request for an additional $6,000 expenditure to complete the interior of the office addition to the Parks Shop. As recent equipment purchases were obtained under budget, sufficient funds are available for this expenditure. It was moved and seconded (Habecker/Doylen) the Change Order be approved, and it passed unanimously. 3. A. Amended Plat of Lots 1 and 2. Block 4. Amended Plat of the First Addition to Lone Pine Acres. Lester Schmidt/Applicant. Mayor Dannels opened the public hearing and Community Development Director Stamey I reviewed the plat. All Planning Commission conditions have been met and the plat is complete. There being no public comment, Mayor Dannels closed the public hearing. It was moved and seconded (Dekker/Hix) the Amended Plat of Lots 1 and 2, Block 4, Amended Plat of the First Addition to Lone Pine Acres, Lester Schmidt/Applicant be approved, and it passed unanimously. B. Amended Plat of Lot 34. Manford Addition and Lot 34. Bonnie Brae Addition. John and Peqqv Lynch/Applicant. Trustee Habecker declared a potential "conflict of interest", stating he would not participate in discussion or vote of this plat. Mayor Dannels opened the public hearing and Director Stamey reviewed the plat. All Planning Commission conditions have been met and the plat is complete. There being no public comment, Mayor Dannels closed the public hearing. It was moved and seconded (Doylen/Gillette) the Amended Plat of Lot 34, Manford Addition and Lot 34, Bonnie Brae Addition, John and Peggy Lynch/Applicant be approved, and it passed unanimously, with Trustee Habecker Abstaining. 4. Intergovernmental Agreement with the Estes Valley Recreation and Park District (EVRPD). Town Attorney White reviewed the Agreement whereby the Town will provide accounting services to the District for a base figure of $9,000/year plus out-of- pocket expenses. The Agreement will.remain in force until December 31, 1993. However, pursuant to Amendment 1 i restrictions, the Agreement may only be extended through formal action by the Board of Trustees. It was moved and seconded (Dekker/Hix) the Intergovernmental Agreement with - Board of Trustees - June 8,1993 - Page 3 EyRPD be approved, and it passed unanimously. 5. Chance of Ownership Liquor License - From Aldrich Enterprises. Inc.. dba Stanley Village Pharmacy. to ROCKY MOUNTAIN PHARMACY ~ OF ESTES PARK. INC. (Bob J. Heffinqton). 453 E. Wonderview Ave.. Liquor-Licensed Drua Store. Bob Heffington, President/Rocky Mountain Pharmacy of Estes Park, appeared before the Board requesting the transfer of the liquor- licensed drug store liquor license formerly held by Stanley Village Pharmacy. The floor area will be reduced to 2,750 sq. ft. and will be a full-service drug store. It was moved and seconded (Hix/Habecker) the Change of Ownership Liquor License be approved, and it passed unanimously, with the Trustees expressing their best wishes to Mr. Heffington on his new endeavor. 6. Ordinance #7-93 - Electric and Barbed Wire Fences. Town Attorney White read and reviewed an ordinance regulating ~ electric and barbed-wire fences (revised). Correspondence from Kent & Donna Dannen dated May 20, 1993 was acknowledged. Following discussion, it was moved and seconded (Habecker/Dekker) the ordinance be adopted, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Habecker and Hix. Those voting "No" Trustee Gillette. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 7-93 and published according to law. 7. Resignation from the Estes Park Urban Renewal Authority (EPURA) submitted bv Edward B. Pohl. Upon his appointment to the Planning Commission, Edward Pohl submitted his resignation from EPURA. It was moved and seconded (Hix/Doylen) Mr. Pohl's resignation be accepted, and it passed unanimously. Mayor Dannels expressed the Board's appreciation to Mr. Pohl for the outstanding service rendered to EPURA. 8. Town Administrator's Report - Review of Laws to be Enacted in 1993 Legislative Session. Staff reviewed and commented on House and Senate Bills which may be enacted in July which ~ pertained to elections, employment, law enforcement, pensions, taxation, and utilities and how they impact the Town. Mayor Dannels noted that due to scheduling conflicts, the Board of ' Trustees will meet June 29, 1993 in lieu of June 22, 1993. There being no further business, Mayor Dannels adjourned the meeting at 8:15 P.M. .................. Mayor Town Clerk . BRADFOROPUBLISHING CO RECORD OF PROCEEDINGS Administrative Committee June 28, 1993 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor Dannels, Trustees Hix, Aldrich, Dekker, Doylen, and Habecker Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Department Heads Anderson, Linnane, Matzke, O'Connor, Scott, Stamey, Swain and Vavra Absent: Trustee Gillette Chairman Dannels called the meeting to order at 10:00 A.M. AMENDED LIOUOR LICENSE PROCEDURE - REVIEW OF ORDINANCE. Town Clerk O'Connor presented an ordinance amending and streamlining liquor license procedures which will allow the Town Clerk to issue renewals, modification of premises and special events permits if they are complete and there is no indication of problems with the license. New and Change of Ownership applications will continue to be submitted to the Board of Trustees for their consideration. In addition, the Committee reviewed an amended Public Hearing Procedure. Both proposals should improve administration of liquor licenses, as well as improve efficiency during Town Board meetings. The Committee recommends approval of the ordinance and procedure as presented. "NO SMOKING" POLICY IN ALL TOWN-OWNED BUILDINGS AND VEHICLES - DISCUSSION. Administrator Klaphake requested the Committee consider enacting a "no smoking" policy in all town-owned buildings and vehicles. The Municipal Building was made no smoking in April, 1989, and for the protection of employees and the general public, staff believes the ban should be extended to include all town-owned buildings, including the Conference Center, and all Town shop facilities and Town vehicles. A transition period will be exercised with conference center groups that have already booked the center. Administrator Klaphake noted that certain areas may be designated for smoking at the shop facilities as well as the Fire Department; however, details must be resolved with affected personnel. The Committee recommends approval of the "No Smoking" Policy as presented, directing Administrator Klaphake to report his findings on the proposed designated smoking areas when available. REPORTS. Finance Officer Vavra presented six graphs comparing General Fund, Catastrophic Loss Fund, Light & Power Cash and Investments, Water Cash and Investments Fund Balances, and Town Cash and Investments and Town Total Equity between 1980 - 1992. Following completion of all agenda items, staff presented a video entitled "Reinventing Government" prepared by - Ted Gaebler and David Osborne. The meeting adjourned at 12:20 P.M. C. AUZâ€¢(-L/ <1 22Â»K/2-t) Vickie O'Connor, CMC, Town Clerk ....FOROPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission June 15, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller, and Edward Pqhl Attending: All Also Attending: Trustee Doylen, Community Development Director Stamey, Public Works Director Linnane, Clerk O'Connor Absent: Trustee/Liaison George Hix Chairman Sager called the meeting to order at 9:31 A.M. and announced the agenda would be modified to allow uninterrupted consideration of the Final Plat and Development Plan for North Ridge Meadow Condominiums. 1. MINUTES. Minutes of the May 18, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. 2.A. Preliminary Plat. Prospect Estates Subdivision. Third Filing. Jerry Solomon/Applicant- Request Time Extension. The Applicant is requesting a one-year time extension on the preliminary plat of Prospect Estates Subdivision, Third Filing. Bill Van Horn, Applicant's representative, stated that the owner concurs with staff's recommendations. Community Development Director Stamey reviewed the staff report stating that the Third Filing has been revised and now consists of 23 lots, with a street extension, utilities, and drainage improvements. In the past, neighborhood residents requested a second street connection to Peak View; however, from an engineering standpoint, this additional connection does not appear to be feasible due to site grade. There was no public comment. It was moved and seconded (A. Hix/Burgess) a one-year time extension to June 15, 1994 be approved contingent upon the following, and it passed unanimously: 1. The remaining street and utility improvements be' included in submittal of the Third Filing, and that the final plat include the 10' wide right-of-way dedication across Lots 7, 8 and 9, for Peak View. 2. All construction plans (street, drainage, utilities) be submitted and approved by the Town Engineer prior to any site excavation. 2.B. Lot 1. Canaiv Subdivision - Review of Hiqhwav Frontaqe Landscaping Plan. Lou Canaiv/Applicant. As a condition of the lot split for the Canaiy Subdivision, the Town required installation of highway frontage landscape improvements. The Applicant is requesting approval of the reduction of the planting area at the northwest corner of the site (eliminate one tree) and increase the width of the driveway opening; a revised landscape plan was submitted. Paul Kochevar, Applicant' s representative, reviewed and clarified the revised plan. Director Stamey reviewed the staff report and clarified parking calculations. Lou Canaiy, Applicant, commented on access relative to delivery trucks and the potential safety hazard thereof. Discussion included comments on vehicles gaining access by crossing the existing bike path, bike path BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - June 15, 1993 - Page 2 design and maintenance. It was moved and seconded (Brown/Amos) the revised landscaping plan be approved contingent upon the 16 parking spaces be delineated to conform to parking space standards, and it passed by the following votes: Those voting "Yes" Commissioners Amos, Brown, Burgess, Miller, Pohl and Sager. Those voting "No" Commissioner A. Hix. 2.C. Amended Plat of Lots 18. 22 and 30. Grand Estates Subdivision. Robert & Lois Jurqens/Applicant - Revised. Bill Van Horn, Applicant's representative, stated that the amended plat adjusts the boundary lines among three existing lots, with the existing motel placed on one lot. A development plan will be presented in the future for development of the two vacant lots. Electric and sewer line easements have been addressed. There were no comments from the audience. It was moved and seconded (Brown/A. Hix) the Amended Plat be favorably recommended to the Board of Trustees, and it passed unanimously. 2.D. Final Plat of East Park Resubdivision. North Ridae Meadows Condominiums. Rich Wille/Applicant. Representing the Applicant, Bill Van Horn commented that this final plat combines the previous resubdivision into a single lot. Mr. Van Horn questioned staff's recommendation concerning the designation of the northwest corner of Lot 1 as an outlot-- concern whether such a designation would affect density calculations. Director Stamey reviewed the staff report, noting that he advised the Applicant that he would be required to install or guarantee construction of the street system and utilities--any relief or adjustment to the Improvement Guarantee must be authorized by the Town Board. Director Stamey confirmed that the outlot may be used for density calculations. There were no comments from the audience. Phase I will "stand on its own" with the exception of the cul- de-sac located on Raven Ave. Based upon concerns that the integrity of the site be preserved (completion of cul-de-sac construction if Phase II is not constructed, and looping of utility lines), the Commission suggested that, if requested, . the Town require the Improvement Guarantee for Phase I street construction including the cul-de-sac to ensure completion of the project. Mr. Van Horn confirmed that looping of the water lines and the fire hydrant will be constructed in Phase I--the Applicant is aware of the stipulation with the first phase and will provide an Improvement Guarantee if required to do so-- the primary issue is the road (which will be graded) and drainage. Mr. Van Horn also confirmed that all required plans and drawings had been submitted for review. With regard to the drainage plans, a verbal approval has been received from the MacGregor Trust. Larimer County is still reviewing the plans, however, all issues appear to be resolved. The Applicant is aware that written confirmation from the aforementioned must be received by staff prior to Town Board approval. Director Stamey reviewed the staff report. It was moved and seconded (Brown/Burgess) the Final Plat of East Park Resubdivision be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously: 1. Prior to final plat approval by the Board of Trustees, the Applicant provide complete street, drainage and grading plans, and utility plan and profile drawings. 2. Private street maintenance note be added to the ~ plat. BRADFORIPUILISHING.0 RECORD OF PROCEEDINGS Planning Commission - June 15, 1993 - Page 3 3. Dedication statement be modified. 4. Provide land area of Lot 1 and designate the northwest corner of the site as Outlot A, non- building site. 5. An Improvement Guarantee Â·be required for the installation of the cul-de-sac located at the end of North Ridge Meadow Drive should Phase II not proceed. 6. Installation of the balance of the improvements be completed or guaranteed prior to Town Board approval. 3.B. Development Plan #93-6. North Ridge Meadow Condominiums. Phase I. Raven Avenue/Dry Gulch Road. Rich Wille/Applicant. Phase I of this development proposal consists of 19 dwelling units in 3 separate buildings: one 8-plex, one 7-plex, and one 4-plex. Applicant's representative Bill Van Horn reviewed the staff recommendations, confirming the 6" water line will be installed, UTSD has approved installation of the sanitary sewer service, and that extensive discussions have been held with Larimer County and Honda (Eagle Rock School) concerning potential construction of a pedestrian/bike path along Dry Gulch Road. County standards require bike paths (that they will maintain) to be installed on both sides of a roadway-- sufficient space may be available on Dry Gulch Road, however, the culverts would have to be extended. Primarily based upon funding, Larimer County has rejected this proposal, and Mr. Van Horn requested the Applicant not be required to install the path unless participation and acceptance is issued by Larimer County. Comments from the audience were heard from Harry Falke who requested the five overflow parking spaces adjacent to his unit be moved to the north, and Ron Harvey who expressed concern with the preservation of an existing tree. Mr. Van Horn confirmed that said spaces could be relocated. Discussion followed regarding parallel vs. perpendicular parking, and site line at the intersection of Raven Ave. and Dry Gulch Road. It was moved and seconded (Hix/Brown) Development Plan #93-6 be approved contingent upon the following, and it passed unanimously: 1. Street, utility, and drainage plans be finalized and approved by the Town Engineer prior to any constrliction. Finalization to include written approval from Larimer County ahd a written agreement from the MacGregor Trust regarding acceptance of drainage plans. All improvements to be installed or guaranteed prior to final subdivision plat approval. 2. Sanitary sewer service installed to UTSD standards. 3. Mail drop sites be located and constructed. 4. Two handicapped-accessible units be designated. 5. The line of site at the intersection of Raven Ave. and Dry Gulch Road be improved. 6. The overflow parking spaces be relocated 45' to the north. 7. The covenants include a statement that garages cannot be converted into dwelling space. BRADFOROPUSLISHING.0 RECORD OF PROCEEDINGS Planning Commission - June 15, 1993 - Page 4 8. The vested property rights be extended to 1997. 9. Drainage detention plans be submitted to Public Works. Commissioner Hix noted that the Applicant made a "good faith" effort to accomplish the staff recommendation for construction of a pedestrian/bike path--it is not possible at this time, thus, this recommendation was not included in approval of the development plan. Mr. Van Horn confirmed that the Applicant desires that the final plat and rezoning requesâ‚¬ move simultaneously to the Town Board, thus this project will be placed on the Town Board agenda when all conditions have been met. 3. DEVELOPMENT PLANS 3.A. Development Plan #93-5. Lot 1. Amended Plat of Lots 1 and 2. Block 4. Lone Pine Acres. Lester Schmidt/Applicant. Commissioner Burgess cited a potential "conf lict of interest", stated she would not participate in discussion nor vote, and vacated the room. Applicant's representative Paul Kochevar, advised that the Applicant is proposing the construction of a 4,500 sq. ft. building with a parking area south of the building and storage area north of the building; said use identified as auto repair. The Applicant will utilize approximately 20-30% of the building and lease the.remaining portion. All previous Commission comments have been addressed, and construction is anticipated to be September 1 and occupancy October 1. The Upper Thompson Sanitation District Will install a sanitary sewer line to the intersection of Raven Ave. and Lone Pine Drive, therefore, the Applicant will connect to this system. Fencing material consists of vertical groove steel siding (identical to that being used on the building), and it will be 6' high. The Commission questioned curbing along parking spaces 19, 20 and 21, landscaping, and outside storage level relative to the fence. Community Development Director Stamey reviewed the staff report, noting correspondence received from Ralph Nicholas (outside storage) and Ron Harvey (outside storage and procedure). Public comments were also heard from Messrs. Harvey and Nicholas. The Commission noted that they are limited to consider proposals within established guidelines adopted by the Town; the Commission has made an earnest attempt to correct deficiencies and such are also being addressed in the re-writing of the Comprehensive Plan. Chairman Sager also confirmed that the site in question is zoned C-0 Commercial Outlying. It was moved and seconded (Brown/A. Hix) Development Plan #93-5 be approved with the following conditions, and it passed unanimously, with Commissioner Burgess Abstaining: 1. Landscaping to be installed at the time the Certificate of Occupancy is issued, or said installation guaranteed with an Improvement Guarantee. 2. The Applicant to petition for inclusion into the UTSD and sanitary sewer service connection be made prior to occupancy. 3. Reference to a septic system be deleted as the owner will connect to UTSD. 4. The solid fencing material be site impervious, and' BRA.FORD.U.LISHING.0 RECORD OF PROCEEDINGS Planning Commission - June 15, 1993 - Page 5 storage be limited to a maximum height of 5'. 5. Curbing ties be provided not less than 2' high along the northerly portion of parking space 21 to the property line to block access to the westerly portion of the property. 6. The Applicant secure an agreement with the Town Board for the maintenance of the private portion of Raven Ave. Commissioner Brown commented that the 5' storage limitation was made a condition of approval so as to clarify outside storage enforcement procedures. Commissioner Burgess resumed her position on the Commission. REPORTS. Tim Stolz, Bill Mansey, and Glenn Clark presented an update on the proposed Rocky Mountain Aquarium Project. Elevation, architectural design, and site plan drawings were displayed and reviewed. In summary, discussion included the aquaculture facility, floor plans, funding/grants, landscaping theme, access to Lake Estes, and egress/ingress. Representatives noted they will be receptive to any input the Planning Commission may offer. The Commission expressed their appreciation to the aforementioned for their informative presentation. Director Stamey reported that, in an effort to improve communication between applicants and staff, a "pre-application schedule" will be designed and he and the Public Works Director will schedule a certain time slot to personally meet with applicants. Director Stamey will provide a copy of the letter to affected engineering/surveying firms to the Commission. There being no further business, Chairman Sager adjourned the meeting at 12:10 P.M. fli) O thU Vickie O'Connor, CMC, Town Clerk IRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Firemen's Pension Board June 18, 1993 Board: Mayor Dannels, Fire Chief Rumley, 1st Ass't. Chief Ford, Treasurer Vavra, Clerk O'Connor Attending: All Absent: None Mayor Dannels called the meeting to order at 8:31 A.M. 1993 ACTUARIAL STUDY - REVIEW. The 1993 Actuarial Study performed by the William M. Mercer, Inc. firm and it was presented and reviewed by Treasurer Vavra. The Town is contributing an amount based on .8251 mills on the assessed valuation of the Town, and the State mates 90% of the Town contributions up to a maximum of 1/2 mill on the assessed valuation. The benefit schedule includes $150.00/month for retirement and a lump sum death benefit of $100.00. The firm is recommending: 1. The benefits and contributions be continued at current levels. 2. That actuarial studies be made periodically (every 2-3 years) to compare the actual experience of the pension fund with the assumptions being used in the actuarial calculations. Following discussion, it was moved and seconded (Vavra/Ford) the Firemen' s Pension Board accept the 1993 Actuarial Study prepared by William M. Mercer, Inc., and it passed unanimously. Chief Rumley reported that recent state law that placed a retirement benefit cap of $500.00/month and questioned whether, in the interest of retaining experience firemen, the retirement benefit could be amended to pay an additional $7.50/month for each year of service completed over 20 years. Treasurer Vavra will review state law and how the increase would affect the Pension Fund; a meeting will be scheduled when the report is prepared. There being no further business, Mayor Dannels adjourned the meeting at 8:53 A.M. 1&~i= dhat./ Vickie O'Connor, CMC, Town Clerk 1 f~ 4*11 TOWN OF ESTES PARK , 9%: r 9 4 3 -/1 9?j~ i ~ 4 w--Â·343:-~U'- Ma<46*Jt Â¢S'itii/1,Â«~~ti,_ _-r:- 3*-5:Â·Â· ---- <.-F-frose r Â¥ t 'Ul. ,~ 1.*0 4 .'.3 N June 24, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, Colorado 80517 RE: Rex Maughan d/b/a Holiday Inn of Estes Hotel & Restaurant License Roskam, Mark Maughan, Rex Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above-named individuals has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Holiday Inn of Estes. Sinc0rely, -. 11. C "y- I PJAE,-CJ -L-kâ‚¬_e-4- David J. Racine Chief of Police tk Â£303)586-5331 â€¢ RO. BOX 1200 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-2816 ADMI N ISTRATION â€¢ FAX (303) 586-6909 OTH ER DR 8420 (2/91) . COLO DEPT OF REVENUE Request to Change, Alter or Modify Premises or Addition of Liquqr Enforcement Division 1375 Sherman St. Optional Premises to Existing Hotel/Restaurant License Denver CO 80261 NOTE: A retail or wholesale licensee may make no physical change, alteration or modification of the licensed premises unless prior request is made on this form and prior written consent obtained from the local and state licensing authorities, Consent of the licensing authorities is not necessary should a licensee paint or redecorate the licensed premises. Questions concerning whether to obtain prior consent of the licensing authorities shall be addressed to the State and Local Licensing Authorities. All answers must be printed in ink or typewritten. If additional space Is required to answer any question, a separate sheet may be attached. 1. Name of Licensee: 2. Trade Name of Establishment: 3. License Number: 3 j uâ„¢.4 flu=D Nik,c, 4- Ca-616 DU- 25Â£ D L.,ZE- 03 203 ES - 00 6 4. Type of Licglise: 5 Class of Uquor License: .1 6. Business Phone: [3 3.2% Beer D Liquor *atd- 69 4-441002 5 2-40 - A *O-7 7. Present address of the Licensed Premises as it appears on the latest 15.'Mil the proposed change result in the licensed premises being prior license application. (Street, City, State, Zip.) located within 500 feet of any premises occupied by a public or parochial school or the principal campus of any college, university, or 2-2- 2- 6 6â‚¬042 j Cu,~ seminary? (If yes, explain in detail.) m Yes W No 8. Mailing Address if different. (Street, City, State, Zip.) 16. Will the proposed change be in compliance with the building and ~w LBEL AUU Z 89 3 zoning laws of the applicable governmental authority? (If no. explain in detail.) 9. Will the proposed change result in any increase or *grease in the btal size or capacity of the licensed premises? (lf yes, explain in det*.) -L ~wes ~ / n /,c ) 540 f'/ ~Elu~~< riL 17.When wifthe proposed change be initiated? (Month, Day, Year) 10.Will the proposed change alter any @tra0Es or exits to the licensed ' VV\El .1 A- ts /99*t premises? (If yes, explain in detail.) When will the propot#Ehange be completehf' U Yes 2% No (Month, Day, Year) 11. Will the proposed change enlarge or relocate any existing bar, or add a separate bar? (lf yes, explain in detail.) 18. If no time schedule has been adopted for the proposed change, m Yes S No approximately how long will be required to make the change once approved? 12. Will the proposed change affect the basic character of the premises, or the physical structure that existed in the plan on file with the latest prior application? (If yes, explain in detail.) 19. Describe below the proposed change in the licensed premises with all pertinent details not heretofore described. (Attach a separate sheet if E Yes DE No needed.) 13. Will the proposed change likely result in a change in consumption of beer or alcoholic beverages on or from the licensed premises? (If 20. Is this modification being made for the expansion of a Hotel and yes, state how large a change in consumption is antidpated.) Restaurant License for Optional Premises? If yes, attach copy of city or Il Yes 8 No county resolution, proof of possession, and diagram. Attach $50 fee. 14. Are such changed premises owned or leased? (Attach copy of deed , m Yes *No or lease.) *- Attach to this form copies of the interior plans and specifica- .M[ Owned 0 Leased: If Leased, from whom? tions of the licensed premises which show the premises as pres- ently licensed, and the premises a5 proposed after the change. ------------------------I--0.-I---i----.I.-I----I---Ill- DR 8415 (2/91) DO NOT WRITE BELOW THIS LINE COLO DEPT OF REVENUE Liquor Entorcement Division 1375 Sherman St. Denver CO 80261 Request to Change, Alter or Modify Premises Name of Current Licensee: Account No. of Licensee: Period: December 31, 19 Include your license account number on your Request to Change, Alter, or Modify Premises ..66-1 (3) 35.....[3 $75 check to ensure proper payment. Expansion to Optional Premises (H/R only) .......66-1 (3) 36.....C] $50 Fee Paid 66-1 (9) DO NOT WRITE BELOW THIS LINE Oath of Applicant ' I declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge. Authorized 5 title: < Title,f Signe,) (if Corporation) Date: /5, f /6,7 "~ ' 1- i 1<2 OJ ~Lta/. 6-15-93 Report of Local Licensing Authority The foregoing request has been examined by the Local Licensing Authority. Local Licensing Auttiority For: D County m Town/City Signature: -Title: Date: Date: Attest: Approval of State Licensing Authority Signature: Date: Attach to this form copies of the interior plans and specifications of the licensed premises which show the premises as presently licensed, and the premises as proposed after the change. 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Â· X â€¢ K ,\ 4 iÂ°. 1 ':REÂ·j*EF# -'-. --/ ---1:------..2 Â· 7 7 NÂ¥ld 80013 1Sblld 1VllbIVd 03#3 .0-.1 -. 6 31/05 1Â¥1N38 (181%3) 30!330 disodo,81 d ITCHEN 424, } C i 1 -41 1 TOWN OF ESTES PARK . t - I \ t 4 W.* 44 py ~Â«f;:22'tri.dÂ· 33*cy~ * r /".3 aÂ·- g. 9,'G- =f*563<4%2Â£33%92-_ -iget, ~b~14$86 6 /6 Lzf*I -- ~ 3 ~:ir+F>â‚¬~'i*9399 4**IL, e: 1.9â€žÂ«t~ '0-# -- -1-~Hig, 1,1 ?1.J,MsÂ¢t ..1-3.Â°77*.- ett~.. <-" '-3' 11 .'f,.~ .~6 ~4..k,1, ,* 2712\\~ 11, 7''i 1 >-' p ~:-2-1.-: 14 b <-- 0 .0 / L f / June 24, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, Colorado 80517 RE: Estes Park Recreation Center Tavern with Extended Hours Nytes, Steven R. Nytes, Barbara J. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above-named individuals has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Estes Park Recreation Center. Sincerely, 14Â«//Er<~--~ 4.--51---1--Il-- David J. Racine Chief of Police tk '303)586-5331 â€¢ RO. BOX 1200 4 ESTES PARK, CO 8051 7 â€¢ FAX (303) 586-281 6 ADM I N ISTRATION â€¢ F.AX (303: 586-6909 (DTh.F Board of Trustees - June 8,1993 - Page 2 was very successful ~n3--fon,inlies to--flfii;ove every year. Steve Cross/President-Elect pgs4Rifm*60,~al of the Estes Park Gallery Guide. May-=----Oannels express~7-the_ Board' s appreciation tolhe-Gdlleries Association for their effE*"6Â·aqQ enthusiasm--err-Ehis event. ACTION ITEMS: 1. Special Events Committee, May 27, 1993: A. Fall River Productions (Flea Market). Questions were raised pertaining to this event and whether (1) it was canceled and (2) if a deposit was retained as the facility had been reserved. As confirmation could be not be provided, it was moved and seconded (Gillette/Habecker) the Agreement with Fall River Productions be continued to June 29, 1993, and it passed unanimously. EA Loveland Paint Horse Club. Auaust 21-22. 1993. It was \ moved and seconded (Hix/Habecker) the standard horse show ~agreement be approved, and it passed unanimously. 2. Publi~Works Committee, May 27, 1993: A. ChAge Order for Parks Shon. Public Works DiregEor Linnhoe reviewed the request for an additional $61 000 expendÂ¢ture to complete the interior of the 0ffice addition to the Parks shop. As recent e,0(lipment purchasef were obtained under budget, suffici/ht funds are availnble for this expenditure. It wag/moved and seconded (Hobecker/Doylen) the Change Order,bâ€¢ approved, and it passer< unanimously. 3. A. Amended Plat ~f Lots 1 and 2. Block 4/Amended Plat of the First Addition to Lone pind Acres. Lester Schmidt/Applicant. Mayor Dannels/opened the public hearing and Comibunity Developmalit Dir'ector Stamey reviewed the plat. \,All Plannin,/Commission conditions have been met and th4 plat is gomplete. There being no public comment, Mayor R,nnels,flosed the public hearing. It was moved and seconded (Qdkker/Hix) the Amended Plat of Lots 1 and 2, Block\4/ Amended Plat of the First Addition to Lone Pine Acr,d, Lester Schmidt/Applicant be approved, and it passed~nab,imously. B. Amended Plat of Lot A. Mankord Addition and Lot 34. Bonnie Brae Additio,G John andi Peaav Lynch/Applicant. Trustee Habecker /declared a At:ential "conflict of interest", statinihe would not partticipate in discussion or vote of this/Dlat. Mayor Dannele opened the public hearing and Dj*ector stamey reviewhÂ¢l the plat. All Planning Commission conditions have bedq met and the plat is complete/ There being no publicpcomment, Mayor Dannels cl,dsed the public hearing. It >was moved and seconded j{Doylen/Gillette) the Amended Pl*t of Lot 34, Manford,Addition and Lot 34, Bonnie Brai Ad**tion, John and P,Â¢gy Lynch/Applicant be approved, and\j.t passed unan~nously, with Trustee Habecker Abstaining.~ 4. Interao,6rnmental Agreement with the Estes Valley Rec*eation and Park District (EVRPD). Town Attorney White reviewhe the Agreedent whereby the Town will provide accounting servicae to the/District for a base figure of $9,000/year plus out-kf- pqtket expenses. The Agreement will remain in force untjj p6cember 31, 1993. However, pursuant to Amendment 3 ~restrictions, the Agreement may only be extended through formal action by the Board of Trustees. It was moved and seconded (Dekker/Hix) the Intergovernmental Agreement with PHILIP T. SIMMS P.O. BOX 3557 ESTES PARK, CO. 80517 June 24, 1993 MR. BOB SCOTT EXECUTIVE DIRECTOR ESTES PARK, FAIR GROUNDS/SPECIAL EVENTS DIRECTOR ESTES PARK, CO. 80517 Dear Bob, First of all, I want to appologize for some mis-understandings that we might have had concerning the dates that I requested for my Flea Markets, and any financial losses that the city may have suffered because I chose not to do the first show. I do however, want to point out to you some of the problems that I encount- ered. To begin with, in early May I sent a letter to Mr. Bob Olberg with the Estes Park Lions Club concerning the concessions sales at my proposed Flea Mar- kets. He never replied to my letter, nor did he ever contact me, so I assumed that the Lions Club wasn' t interested in operating the concession business. I expressed in my letter to him that I was capable of operating my own concession operation and that we would donate a percentage of our sales to the Lions Club funds. Since I never hear back from the Lions Club, I assumed that I would would be able to operate the concession sales at my markets and therefore I spent a great deal of money preparing to do so. I ordered a great deal of concession type food, including frozen turkey drum- sticks, 30 busschells of corn on the cob, 200 pounds of frozen hamburger, 500 hot dogs, a pepsi roll off unit, and 500 pounds of pop corn. I also arranged to rent additional bar-b-que equiptment, coffee makers and much more. I also spent a small fortune preparing radio and T.V adds, not even includ- ing the time and money I spent going every weeek to the Mile-Hi flea market to enlist vendors. I didn't even know for sure untill May 27, that I was going to be able to op- erate the Flea Market, and that the Lions Club WAS going to operate the conces- sions. That time frame would have only left me with eight days to advertize, pro- mote, and secure vendors. I would have lost a great deal of money trying to put it together that fast, and without concessions sales, I would have lost a great deal more. I dont't why Mr. Olberg never got back in touch with me, but I think we could have worked something out. These kinds of new business deals take a great deal of planning, a great deal of money, and a great deal of time. I simply didn't feel as though I would benefit by having the market that first weekend. Now, however, after all of the bad press I have received in the local.paper, I don't think it is a workable deal any longer: and therefore I'm going to with- draw from any future dates. Your man on city council has gone out of his way to make a fool of me. We never signed a binding contract, and therefore the fair- grounds could have rented building W to any one at any time. I asked you repeat- edly if there was any one else interested in the building on my approved dates, and you always said NO. Sincer,elL,.c:7 I~~i-p. T. Simms C. Estes Park Trail Gazzette 6cotlish.4 OUN 29 1993 ~ <Cld,43~ â‚¬ Longs Peak Scottish Irish Festival 0 ~ )) 2' P.O. Box 1820 â€¢ Estes Park, Colorado 80517 2, 2 8 .1 (303) 586-6308 CAY [NT'L L ~ 3-1/ 93 ----#w- , i fl- 4 /Â©v L Â£ (* P 0 f- ' 7 0-1/1 Fw -- 7 c. z f 124- --711 6.-r {_,.~-J~ 1. - I l,1. 6/Â£4 c e-yu,C i-_t-r~Â£-k i .*9,~E:12,*1 :el- 7,6- -f/ A . 11 r.,4-~j -11 1 6-r,l-2 /yle*L-r .,04Â· s t.tu.,LJ-al j ,70-y dEÂ» -1 f -u (11- l vortl.l -2.-4-1 = 1 --//-7 | -y--c --0 L U.â€¢.,A. e-// AGREEMENT THIS AGREEMENT, made this _~ 0 day of 44 I A./ 1 199 3 , by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as party of the first part, and f<All , as party of the second part, WITNESSETH: WHEREAS, the second party desires to hold 7- L ,+ C e.. 0 7 c# 41 s j shows at the Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold the event on the following dates: Date: , 1 U 1. r )0 AJ /1 1 1 4 C M.j l C<*fi. 1 , 2. First party agrees to furnish to second party the use of Barn W, the parking lot and RV spaces at Stanley Park as herein provided. BAA)FOROPUILISHING COÂ· RECORD OF PROCEEDINGS Administrative Committee June 28, 1993 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor Dannels, Trustees Hix, Aldrich, Dekker, Doylen, and Habecker Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Department Heads Anderson, Linnane, Matzke, O'Connor, Scott, Stamey, Swain and Vavra Absent: Trustee Gillette Chairman Dannels called the meeting to order at 10:00 A.M. AMENDED LIOUOR LICENSE PROCEDURE - REVIEW OF ORDINANCE. Town Clerk 0'connor presented an ordinance amending and streamlining Q.A. b, renewals, modification of premises and special events permits if they liquor license procedures which will allow the Town Clerk to issue / ate complete and there is no indication of problems with the license. New and Change of Ownership applications will continue to be submitted to the Board of Trustees for their consideration. In addition, the Committee reviewed an amended Public Hearing Procedure. Both proposals should improve administration of liquor licenses, as well as improve efficiency during Town Board meetings. The Committee recommends approval of the ordinance and procedure as presented. fNO SMOKING" POLICY IN ALL TOWN-OWNED BUILDINGS AND VEHIC ES - BISCUSSION. Admihistrator Klaphake requested the Committee consider e ting a "no smokin@Lpolicy in all town-owned buildings and vehicles. he Municipal Building *ae made no smoking in April, 1989, and for e protection of employees an<the general public, staff believes e ban should be extended to include all town-owned buildings, in ding the Conference Center, and all Town shop facilities and Town v icles. A,transition period will be exAcised with conference center groups' that have already booked the center. Administrator laphake noted that certain areas may be designated for smoking at e shop facilities as well as the Fire Department; however, detail must be resolved with affected personnel. The Committee recommends pproval of the "No Smoking" Policy as presented, directing Administr or Klaphake to report his findings on the proposed designated smokin areaa when available. REPORTS. Finance Of f icer Vavr presented six graphs \comparing General Fund, Catastrophic Loss F d, Light & Power Cash and Payestments, Water Cash and Investments F d Balances, and Town Cash and -lovestments and Town Total Equity be een 1980 - 1992. Following ompletion of all agenda items, staff preserbâ‚¬d a video entitle "Reinventing Government" prepared by - Ted Gaebler hand David Osborn . e meeting adjourned at 12:20 P.M. 901<--, O qui-K.ki-t) Vickie O'Connor, CMC, Town Clerk ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.30 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO REGARDING LIQUOR LICENSE FEES AND PROCEDURES WHEREAS, the Board of Trustees of the Town of Estes Park have determined that it is necessary to amend Chapter 5.30 of the Municipal Code of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Chapter 5.30 shall read as follows: 5.30.010 Liquor and beer application fees: Each application to the Town for a 3.2% beer, malt, spirituous or vinous liquor license shall be accompanied by a fee as follows: A. For a new license, four hundred fifty dollars ($450.00); B. For a transfer of location or ownership, two hundred fifty dollars ( $250. 00); C. For a renewal of an existing license, twenty-five dollars ($25.00); D. For a change of registered manager for a hotel and restaurant license, seventy-five dollars ($75.00). 5.30.020 Renewals: A. All renewal applications for malt, vinous and spirituous liquor licenses and for fermented malt beverage licenses shall be submitted to the Town Clerk on the prescribed forms, together with the applicable license fees' no later than forty-five (45) days prior to the date on which the license expires. The Town Clerk may waive the forty-five (45) day requirement, but in no event shall any application for renewal be accepted by the Town Clerk after the date of expiration of the license. No renewal application shall be accepted by the Town Clerk which is not complete in every detail. B. Upon receiving the completed renewal application, the Town Clerk shall review the application and any other pertinent information to determine whether "good cause" is present for renewal. Whether "good cause" is present is a fact specific inquiry depending on the circumstances of the case, and shall be based on evidence that continuation of the license would be contrary to the public interest, as well as the conduct of the J licensee. If the Town Clerk's review indicates no facts or circumstances supporting "good cause" for nonrenewal, the Town Clerk shall issue a renewal license. C. If there is information before the Town Clerk tending to constitute "good cause" for not renewing a particular license for an additional year, the Town Clerk shall cause to be issued a notice of hearing. The service, and posting of notice shall be as provided in the applicable sections of the Colorado Liquor and Beer Codes. At the hearing, the Town Board shall make a determination whether or not the license shall be renewed. Section 5.30.030 New Licenses and Transfer of Ownership: A. All applications for new licenses and transfer of ownership shall be submitted to the Town Clerk on the prescribed forms, together with the applicable license fees. No new license or transfer of ownership application shall be accepted by the Town Clerk which is not complete in every detail. B. Upon receiving the completed application, the Town Clerk shall set the application for public hearing, publish and post the premises as provided in the applicable sections of the Colorado Liquor and Beer Codes. Section 5.30.040 Modification of Premises: A. All applications for modification of premises shall be submitted to the Town Clerk on the prescribed forms. No modification for premise application shall be accepted by the Town Clerk which is not complete in every detail. Upon receiving the completed application, the Town Clerk shall review the application and any other information to determine whether or not the premises, as changed, altered or modified, will meet all the pertinent requirements of the Colorado Liquor or Beer Code and the regulations promulgated thereunder. If the Town Clerk's review indicates that the premises, as changed, altered or modified, will meet said pertinent requirements, the Town Clerk shall apbrove the application for modification of premises. B. If the Town Clerk denies the application, the Town Clerk shall give notice in writing and state the grounds upon which the application was denied. The applicant shall be entitled to a hearing before the Town Board on the denial if the applicant requests the same within fifteen (15) days after the date of the notice of denial. -2- 5.30.050 Special Events Permit: A. All applications for special events permits, . pursuant to Article 48 of of Title 12, C.R.S., shall be filed with the Town Clerk on the prescribed forms together with the applicable permit fees. No special events application shall be accepted by the Town Clerk which is not complete in every detail. B. Upon receiving the completed special events application, the Town Clerk shall review the application .and any other documentation and determine whether or not the application meets all of the requirements of Article 48 of Title 12, C.R.S and the regulations promulgated thereunder. The Town Clerk shall also cause the premises to be posted as provided in said statute. If the Town Clerk finds that all applicable requirements of the state statute and regulations promulgated thereto are met, and no protest has been filed, the Town Clerk shall issue the special events permit. C. If there is information before the Town Clerk and/or any protest filed by affected persons, the Town Clerk ~ shall cause to be issued a notice of hearing on the special E events application. The Town Clerk shall do all required posting - and notification. At said hearing, the Town Board shall determine whether or not to issue or deny the permit. Section 6. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF â€ž ESTES PARK, COLORADO THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk -3- MEMORANDUM OF UNDERSTANDING 1. PARTIES. The parties to .this Memorandum of Understanding are the TOWN OF ESTES PARK, Colorado, ("Town") and ESTES VALLEY RECREATION AND PARK DISTRICT ("District"). 2. RECITALS AND PURPOSE. Town owns certain property known as Stanley Park which is located within its muncipal boundaries. Town and District have entered into a long-term lease of said property whereby Dlstrict, as lessee, ls granted the right, duty and obligation to operate certain recreational facilities on the premises. District has obtained a federal matching grant for the purchase and installation of playground equipment on the leased premises. This Memorandum is intended to grant Town's consent to the installation of such equipment and to define the Townls responsibilities with respect to maintenance of the equipment in the event of reversion of the leasehold interest. 3. LEASE AGREEMENT. For the purposes of this Memorandum, the the term "lease" or "lease agreement" refers to that document entitled dated between the Town and District. Pursuant to its terms and 'conditions, the lease expires in the year 2017. 4. CONSENT. Town, as lessor under the lease, hereby consents to the construction and installation of certain playground equipment on the leased premises. 5. CONVEYANCE/ASSIGNMENT. The parties acknowledge, covenant and agree that in the event of a termination of the lease for any reason prior to the expiration of the lease in 2017, this Memorandum of Understanding shall constitute: 5.1 A bill of sale and instrument of conveyance to Town of all of District's rights, title and interest in and to said equipment; 5.2 An assigment of all of District' s rights, duties and obligations with respect to such equipment pursuant to the General Provisons of the Project Agreement, a copy of which fs attached hereto as Exhibit A, provided such requirements are then in full force and effect. Town shall, in such event, assume compliance responsibility for the playground project. DATED: 1993 TOWN ~F~ES 'HAR/ - DW 83 <A/#Ul,1,241*tl-' Attest: TBwn Clerk ESTES VALLEY RECREATION AND PARK DISTRICT By Attest: Secretary RCV BY:XEROX TELECOPIER 7010 : 6-25-93 11:52AM ; 66393809 3035866909;# 2 SENT BY:HAMMOND CLARK WHIT ; 6-25-93 11:56AM : 66993801 3035866909;# 2 ORDINANCE NO. AN ORDINANCE VACATING A UTILITY EASEMENT LOCATED ON LOT 2, SEPAHPUR SUBDIVISION IN THE TOWN OF ESTES PARK, COLORADO WHEREAS, the owners of Lot 2, Sepahpur Subdivision in the Town of Estes Park, Colorado have requested that a utility easement located on said property be vacated; and WHEREAS, all current and potential users of said utility easement have provided the Town of Estes Park with written statements indicating that they agree and approve of the vacation of this utility easement on said property; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined that it is in the best interest of the Town to vacate the utility easement located on said property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board of Trustees of the Town of Estes Park, Colorado, hereby vacates the following utility easement: That certain ten (10) foot utility' easement being five (5) foot either side Of the centerline described as bearing N 75Â°39'34" W a distance of 148.36' located on Lot 2, Sepahpur Subdivision, a portion of Lot 13, Grand Estates Subdivision, located in the SEA of Section 19, T5N, R72W of the Gth P.M., Town of Estes Park, County of Larimer, State of Colorado. Section 2: The adoption of this Ordinance is hereby declared to be an emergency in order for the immediate vacation of the utility easement, and; WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature by the Mayor. RCV BY:XEROX TELECOPIER 7010 ; 6-25-93 11:53AM ; 66993800 3035866909;# 3 SENT BY:HAMMOND CLARK WH IT ; 6-25-93 11:57AM : 6699380-4 3035866909;# 3 - I . I PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1993. TOWN OF ESTES PARK, COLORADO By: idayor ATTEST: Town Clerk - I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk - - /411\ JUN 2 2 1993 1 /46' ./---0~~~MW-. Â£61 flo..br WZZ 94 LAn.4 V /0012*e V /...........6.5-.4 -..=i.' \\ 0/57:rekiur 'â€¢: + - :f~Â§11 V ot' 953'5*61,1,' 3-p~7- 7 _ 22-% -%1 LAND SURVEYS - - & 1 ./4 . --1. - + & 7Â» SUBDIVISIONS - -1=-- 3.F- DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING A A VAN HORN ENGINEERING AND SURVEYING SANITARY ENGINEERING . ~\~ WILLIAM G. VAN HORN - COLO. PE & PLS 9485 MUNICIPAL ENGINEERING ,,'l June 22, 1993 Mr. Bernie Dannels Mayor, Town Of Estes Park Estes Park, CO 80517 Dear Bernie, I am writing this letter as result of conversations with Bill Linnane regarding the vacation of a utility easement accross the middle of Lot 2, Sepahpur Subdivision. The lot has been contracted for sale and the buyers are in need to get started building as soon as possible. With the next Public Works Committee meeting being after the Town Board Meeting the people involved would greatly appreciate being able to go directly to the the Town Board. The easement has never been used and all the utilities as well as the Town Planning and Engineering departments have been contacted with all having no objection to the vacating of the easement. Thank you for ~p,~r consideration. Sincerely, df William G. Van Horn, PE CC Ann Racine Connie Phipps 1043 Fish Creek Road â€¢ P.O. Box 456 â€¢ Estes Park, Colorado 80517 â€¢ 303-586-9388 -2 10 1 4 1 Ad N Ble M f gge :a 4 4 1 \\\L 204 f 4Â§1 4 9 184: - bler g m 1 Al 3 \\\ 4 t~ ' ; \\\ 3 = j ......A/"229': Ki -b-* vga \2\ 14 '. AG?* i. ..... b 133LS--- GINIOZN \&\ Ad#(ON j Y \ 11 11 It 2 11 11 /0. 1 7...4% 4 i- -9/3,2 4(r-1 01- : ,06'42, / Â·Â·' ...ft' g / 12.20Â£ M *0 Â· el, b .2 â‚¬ 1 - J -- 24 I , '*11 --* 0 ~ El, rh 51. , . ./ . 1. ... 44 ! 4 E : 4 .=C . ki M 9 CL 1 . W. i ,!1 . 40 \ / 0 40 Ak 42 1 t.fv L . 1.9 - M 'â€¢ 1 ti 8% St -1 m.f d d ~ ~ M. O/ 2 1 Â· -.22 . .b -- . 7 1 . Z i - - 1 i 1\1 al t. "12 P.4- 3 2 7 ./ 6 3 - ~--\2~ a / 0. A, t. 3 40 Â· n 1 0 1 3 5!6 4 + 1 K - ~!2 40,04 --- Â¢ 1 ,-679* /.4...:. :; tr... 1 ... 1 @ 4 4 2/ 9 4 U St' ..1 1/1 . 4J/ :4 1.1 .. . *k / .1 12'1549 lib, 1 1 M.-2 1 *rs I :6 41 1 - WIC .,.,...,.,. III I â€¢ 1- W r=r ' , O-18 ft* 2 0 C A- : 5 -4. -: 21 -1. 0â€¢ Ik I :...... 4. 1 4.-.1 - 4 CD ..- 0 /qi :1=â€¢1 Â· -,fv 7.41:94 - .4 - . - /4> b /92 J-1 .. 40,0.122 - - 92.:t- .43-p :.3 *'~'t'' : .... â‚¬ 1 375.4 m tl;414% f. 0 / .U ...7 1 :, 1; 8 1/ / , W.:14 ~lu . j ':1 ~ *At 4:40 - 1:fir 2-8 U , + :: - 24 1â‚¬-25,3 -rb."-7.14-,~. 4 . . ;i "00 - -,-7.2, Zii<54*:7, 1 :1,1 E I*ii ILI: t 53* ' 1 444.15/446 : e h Pl. - Res .XE.'Â·AC...41 + -4 ..# li,=99 61* \ Mics .- --1. 1 1 1 lk- Na 049~ 85 BEAR -0, ,/-6 . Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Sirs: This is to verify that the easement shown across the central portion of Lot 2, Sepahpur Subdivision has been reviewed and this agency has no objection to the easement being vacated by the Town of Estes Park. t ~4 =-1-1,Â£141"4-, 4-01 ~~ ~ 2- Â»7 Title: vA,.--<+0,., c -(,~~0~1 3 /8 Town of Mutc:. Park P.O. BOX 1 1'1'll E.t" Park, r.0 80517 Dear Sirs: Thil 18 to verify that the easement â€¢hown â€¢aroil th, ointral portion of Lot 2, Sepahpur Subdivision haâ€¢ been râ€¢viowed and this agency haâ€¢ no objection to thâ€¢,aa.*ment being vacated by thi Town of 8.tâ€¢a Park. d (6 -\K~jit By,- 2Â·r ,-0-5.4- & 1 L 3- . Agency Title: 'f -2 6. 23 - PS - -lrr-1,-, 9 9 (17: 1 1-714 Flj 2 ~ i. C (/ TOWN OF ESTES PARK -4&*423 lf/*<1(AL'Mitg#Al#27 . ,--Lt -- i Arbi)Rifillit . \ Yer,s.' u ,Â· :fÂ·'1, ' 4*t:-4- r'- -,r'- hYâ‚¬- . 4- T i 4Â·t.- .uvily I~# 37#./Fir 92Â£yARM'' .2 1,4/ 3 42 %- 5/22*Jrl').c 'f~,iÂ·,Â·~2- . e , 04 1 7 1- June 23, 1993 Town of Estes Park P. O. Box 1200 Estes Park, CO 80517 Re: Lot 2, Sepahpur Subdivision Dear Sirs: The Light and Power Department does not presently have any facilities on this easement and does not plan to install any facilities. This agency has no objection to the easement being vacated by the Town of Estes Park. Agency: Light and Power Department , By: / Richard E. Matzke U Title: Light and Power Director (303)586-5331 â€¢ RO. BOX 1200 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-281 6 ADMINISTRATION â€¢ FAX (303) 586-6909 OTH ER d:Â¢21 TOWN OF ESTES PARK .YP<t*- 4.,rmt ,>Â« MNVEJAMU*i /A VE.MM# If: 1.1:14â€¢ 1$.-rvt ~7.0-14177*Mmma.~F/Ah,#m*41*wu4* :~394~ 1914&F: -*'.4'*Tria' f.=F \ Ma- I 5/~5~4\ 44' 7/01-V~:.e,/1.,t/, /0 / 'r 'UL '' E \ June 23, 1993 Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Sirs: This is to verify that the easement shown across the central portion of Lot 2, Sepahpur Subdivision has been reviewed and this agency has no objection to the easement being vacated by the Town of Estes Park. Agency: Public Works Department i j J. -By.' 6( li-~ AlAtÂ·Â·51,Â»R--9 Bill Linnane t Title: Public Works Director (303)586-5331 â€¢ RO. BOX 1200 â€¢ ESTES PARK, CO 8051 7 â€¢ FAX (303) 586-2816 ADMI N ISTRATION â€¢ FAX (303) 586-6909 OTH ER 921-- JUN 23 '93 13:51 FROM FT. COLLINS SC-PSCO PAGE.002 4 %- .' 1 . Jurâ€¢ 23, 1993 Town of Estes Park P. 0. Box 1200 Estes Park, Colorado 80517 Dear Sirs: This is to verify that the easaint shawn across the central portion 7 of Int 2, Sepahpu; Subdivision has been reviewed and this agency j has no objection to the easement being vacated by the Town of Estes Park. Pbatic- 55.,/CG, Ce.0,14.0. -Ky -1. 14*r- Title: Sup,WÂ·*Ek,Aaâ€¢. ' a if June 23, 1993 0 Town of Estes Park Pâ€¢.0Â· BOX 1200 Estes Park, Colorado 80517 Dear Sirs: This is to verify that the easement shown across the central portion of Lot 2, Sepahpur Subdivision has been reviewed and this agency has no objection to the easement being vacated by the Town of Estes Park. 0-Aiste- Sti STE>AS -IIâ€¢,c- 0 Agency 0 9 ./763 By: - Title: cu.3-2-~1__ .