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Home My WebLink AboutPACKET Town Board 1997-01-28Prepared 1/23/97 **Revised 1/23/97 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of pubic resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 28, 1997 7:30 p.m. AGENDA AT&T WIRELESS "Cellular in the Community" - Presentation of Free Cellular Phone and Air Time for Two Years to Debbie Emerine, Director/Estes Park Victims Advocates. PUBLIC COMMENT To conduct 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 January 14, 1997. 2. Bills. 3. Committee Minutes: A. Public Safety, January 16, 1997. B. Public Works, January 23, 1997. C. Planning Commission, January 21, 1997 (acknowledgment only). ACTION ITEMS: 1. Carry-over Resolution #2-97 for 1997 Budget. 2. Public Safety Committee, January 16, 1997: A. Solar Mobile radar Traffic Monitor - Approval of Budget Expenditure. B. Ordinance #2-97 - Concealed Weapons - Approval. C. Agreement with the Animal Medical Center - Approval. D. Ordinance #3-97 - Street Addresses - Approval. 3. Public Works Committee, January 23, 1997: A. Elkhorn Avenue Tree Replacement - Approval of Budget Expenditure. B. SCADA System/Marys Lake Water Treatment Plant - Approval of Budget Expenditure. 1 C. Contract with Kitchen & Co. - Castle Mountain/Fall River Roads - Approval. D. Contract with G. L. Hoff - Lake Estes Hike/Bike Trail, Phase IV-A (earthwork) - Approval. E. Office Furniture - Approval of Budget Expenditure. 4. Rocky Mountain Discount Liquor, 350 W. Riverside Dr., Retail Liquor Store License - Transfer of Ownership from Akron Diesel & Sales, Inc. to Young Hee Kim. 5. **Ordinance #4-97 - Vacation of Easement for the Knoll Property. 6. Town Administratorls Report: A. 1997 Budget. B. 2 DEC-16-96 MON 01:19 PM CRL ASSOCIATES FAX NO. 3035925480 P.02/02 Argr Cellular Division ATLT Wireless Services Suke C. T 1001 16tn Street Denver, CO 80265 December 16, 1996 Ms Vickie O'Connor City ofEstes Park 170 Mac Gregor Avenue Estes Puk, CO 80517 Dear Ms O' Connor: Thank yonfor giving us the opponunity to make a presentation to thc recipient of our Cellular For Thc Community Program at your City Council meeting scheduled for Jam=y 28, 1997 ar 7:30 p.m. Accepting the award for Estes Park Victims Advocates will be Debbie Emerine, Director. The Cellular For The Community Program, now in its fifth year, is an integral part of AT&T Wireless Senices' expanding public safety program in Colorado. The program exemplifies how cellular communications plays a critical role in alerting Police, fire and rescue personnel about emergency situations. This program allows selective non-profit organizations in Colorado to receive the free use of a cellular phone and unlimited local inime for a two-ycar period as a communications tool to increase tlic effectiveness of their community programs. Examples of participating organizations include neighborhood crime watch groups, victims assistance programs and anti-domestic violence programs. This year's recipient in your community is Estes Pa.Ik Victilns Advocates. As you are aware, this program provides crisis intervention to victims of violent crimes twenty-four hours a day, seven days a week- AUT's savice will be used by on-call viclim advocates to communicaTe with other advocates, officers on the scene, dispatchers or to coordinate other services if needed. Once again: thank you for allowing us to heighten awareness of our program by presenting our award to the Councilmembers ofyour community. SincerelÂ¥_ n 1-Eig Goudy Coxporate Communications CD 6 3 Recycled papef Town of Estes Park, Larimer County, colorado, 0 0 ,Ir#n\,laTY 14 . ., 195.7. . Minutes of a . . Regular . meeting of the Board ,of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the .. 14.tij day of .... .Januery., A.D., 19. .9.7 at regular meeting hour. Meeting called to order by Mayor .............. Robert L. Dekker Present: Mayor Trustees: Robert L. Dekker Susan L. Doylen, Mayor ProTem Jeff Barker, John Baudek, George J. Hix, Also Preeent: William J. Marshall, Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Absent: Town Clerk Absent: None Mayor Dekker called the meeting to order at 7:31 p.m. and acknowledged Choice Award" for the third consecutive year. Estes Park competes Members of the Rooftop Rodeo Committee for receipt of the "Cowboy' s against 84 rodeos throughout Colorado and Wyoming, and the award is voted upon by the Cowboy contestants. PUBLIC COMMENT. None. CONSENT CALENDAR: 1. Town Board minutes dated December 10, 1996. 2. Bills. 3. Committee Minutes: A. Planning Commission, December 3 and 17, 1996 (acknowledgement only). B. Board of Adjustment, December 10, 1996 (acknowledgement only). C. Community Development, January 2, 1997. D. Light and Power, January 9, 1997. 4. Administration Office Equipment - Authorization to enter into 3-Yr. Lease Agreement with Minolta Business Systems for Model EP4050 Copy Machine - Approval of budgeted expenditure. 5. Resolution #1-97 - Public Posting Designation. 6. Ordinance #1-97 - Municipal Court Clerk Salary Adjustment (10%; prior adjustment authorized in 1994). It was moved and seconded (Hix/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Estes Park Volunteer Fire Department. Fire Chief Rumley and Secretary Chrastil presented the 1996 Annual Report which was made a part of the record by reference thereto. Additionally, the Board of Trustees - January 14, 1997 - Page 2 training site tower has been completed, as well as the smoke house, and a 20,000 gallon cistern is being installed. Chief Rumley reviewed the Department's boundary and clarified the false alarm calls. It was moved and seconded (Hix/Doylen) the Financial Report be accepted, and it passed unanimously. Chief Rumley expressed his appreciation to the Town Board for their support during his tenure as Chief, and Mayor Dekker presented a Certificate of Appreciation for his 23 years of service on the Volunteer Fire Department, 17 years of which were serving as Fire Chief. It was moved and seconded (Doylen/Marshall) the following officers be approved for 1997, and it passed unanimously: Scott Dorman, Fire Chief Edward Ford, 1st Ass't. Chief Daryl McCown, 2nd Assistant Chief Mark Chrastil Secretary/Treasurer Newly-appointed Fire Chief Scott Dorman was introduced. 2.A. Stanley Park Agreements - Approval: Director Hinze presented the standard Agreements. It was moved and seconded (Doylen/Hix) the following Horse Show Agreements be approved. Trustee Barker noted that he would not have supported denial of the Vold Summer Rodeo proposal if he had been aware that three out of the four horse show associations listed below did not intend to submit a 3-yr. agreement. The motion passed unanimously: 1. Copper Penny Horse Show, July 19-20, 1997 2. Rky. Mtn. Miniature Horse Club, 3-yr. agreement, June, 1997 - June, 1999. 3. Colorado Arabian Horse Club, 2-yr. agreement, July, 1997 - July 1998. 4. Colorful Colorado Quarter Horse Show, June 12-15, 1997. The standard agreement with the EVRPD for Inline Skating in Barn W was also presented. Director Hinze commented on the frequency of use and popularity of the sport. It was moved and seconded (Doylen/Hix) the EVRPD Agreement be approved, and it passed unanimously. B. Lions Club Concession Stand Agreement. As stated in the Community Development Committee minutes January 2, 1997, the Lions Club has requested three revisions to the Agreement: #1 inventory list designating ownership, #2 clarification of ownership when improvements are placed or affixed to the premise, and #3 a reduction in the Town's rental fee from 15% to 13%. The Committee recommended approval of Items #1 and #2, and denial of Item #3. Les Foiles, President/Lions Club commented that 1,100 volunteer hours were expended at the concession stand, that the Lions hire a manager that receives 13% of the gross to operate the stand, and that profits are basically split between the Lions, Manager and Town, with each receiving one-thirdi. The Lions Club returns the majority of their profits to the community. President Foiles reviewed fees assessed by Larimer County, Steamboat Springs, and Boulder County. The Town does fund trash and electric expenses, and the Lions pay $75 for gas service for their grill. The Club is nearing completion of the inventory, and they are discussing improving the seating arrangements for their guests. Pursuant to imminent increases in trash and water fees, it was moved and seconded (Doylen/Barker) revisions #1 and #2 be approved, and that revision #3 for the decrease in rent from 15% to 13% be denied, and it passed unanimously. 3. Automatic Meters - Approval of budgeted expenditure. Light & Power Director Matzke reported on the Automatic Meter Reading Program, and stated that the 1997 Budget contains $50,000 to purchase meters with electric and water reading capability, and meters with Board of Trustees - January 14, 1997 - Page 3 ' electric reading capability only (staff has confirmed that the budget allocation will purchase 100 meters with both reading i capabilities, and 130 electric reading meters only). Reasoning for the difference in meter capabilities is that the Town does not provide water service to all areas. It was moved and seconded (Hix/Baudek) the budgeted expenditure of $50,000 for automatic meters be approved, and it passed unanimously. 4.A. Special Review #96-6, United Valley Bank (formerly Estes Park Bank) Carillon, 363 E. Elkhorn Ave., Estes Park Bank/Applicant. Trustee Hix declared a conflict of interest, and stated he would not participate in discussion or vote, and vacated the room. Mayor Dekker opened the public hearing, and Senior Planner Joseph presented the proposal. The Planning Commission has favorably, though not unanimously, recommended conditional approval: music to last no longer than 3 minutes/playing time, 3 times/day at 9:00 a.m., 1:00 p.m., and 6:00 p.m., and the applicant is to provide decibel level. Pursuant to precedent concerns, the Applicant conducted a week-long test period which was observed by the Planning Commission. One letter was received, and one resident at the Planning Commission was heard--both in opposition. Those speaking in favor: Sally Anderson, representing United Valley Bank. Approximately six neighbors attended the Planning Commission meeting, all speaking in favor. The decibel level test ' results will be submitted immediately upon approval by the Town Board. The Applicant's motivation is to provide a pleasurable , experience to all. The general list of songs is old standards/classical favorites. During special seasons, the music may change accordingly. i Town Attorney White clarified that the Code contains a 40' off-site sound distance standard in the C-D district, the Town Board can approve an exception to the 40' standard, and reviewed special review criteria. Trustee Baudek commented that the decibel test should be provided prior to Town Board consideration, the "reasonable" standard may be unacceptable. Planner Joseph clarified that when the test was conducted in December, the I Applicant set the volume setting that was considered reasonable by the Planning Commission. Ms. Anderson added that should any problems arise, the Applicant is receptive to negotiation. As there were no persons speaking in opposition, Mayor Dekker closed the public hearing. It was moved and seconded (Doylen/Baudek) Special Review #96-6 for the Carillon located at 363 E. Elkhorn Ave. be approved subject to the volume level being at the minimum setting observed by the Planning Commission during the test period, music duration being no longer than three minutes/occurrence, such occurrence to be three times/day at 9:00 a.m., 1:00 p.m., and 6:00 p.m., and that the Applicant submit a decibel level test, and it passed with Trustee Hix Abstaining. Trustee Hix resumed his position on the Board. B. Special Review #96-8, Estes Park Paddlers Ltd.. Biq Thompson River, Patrick Hyland/Applicant. Mayor Dekker opened the public hearing, and Planner Joseph presented the proposal for a commercial kayak operation within and outside Town Limits. Staff reviewed the route, which depends on river flow, operation between mid-May through Sept. 1st, and proposed river access within C-D and C-0 , districts. Letters from Blue Spruce Village, Gil and Maxine Culter, and River Spruce Cottages, all opposed have been received. The Planning commission, though not unanimously, favorably recommended approval with seven conditions, and each condition was reviewed by staff. Attorney White explained the Town Board's scope of consideration: no governmental authority can regulate kayaks in the rivers; however, the Town does have authority to review this request through the special review process as the Applicant is proposing to utilize Town (public) property to exit the river (river entry is proposed to occur outside Town Limits). If the Board of Trustees - January 14, 1997 - Page 4 Applicant was proposing to enter the river outside Town Limits, go through Town, and exit outside Town Limits, the Town Board would have no jurisdiction to control the operation at any time. Those speaking in favor: Patrick Hyland, Applicant, who presented the kayak for viewing. Mr. Hyland explained his proposal (see Planning Commission minutes dated December 17, 1996) adding that he kayaked the Big Thompson River once/week all summer long in 1996. His drafted his proposal with safety as his number 1 concern, and the enjoyment of all. The river is a tremendous resource within Town limits. In his opinion, a person can walk across the river even in high flows 85% of the time. The craft is unique as occupants are not trapped inside, they merely sit and paddle. The Rec. District owns similar crafts and they use them with no instruction. The river is public property which can be used for paddling and fishing--everyone has a right to utilize the river. Mr. Hyland is required to have $150,000 and $600,000 in liability insurance, he'll accompany his customers to control their speed and pace, he also desires to avoid danger and such will be minimized; there will be no impact to trout spawning, he will do all he can to have an enjoyable experience for his customers and those using the river. Concerning the Fire Dept., his proposal was given to the Dept. November 26th and he was recently notified by Chief Dorman that the Dept. did have certain concerns. Mr. Hyland will make an effort to setup guidelines for high water, medical, etc. Additional favorable comments were heard from: Lisa Borin, Tim Rische, and Doug Ridley, all of which joined the Applicant last summer during several kayak trips. Opposition comments were heard by: Fire Chief Dorman (safety concerns as they will be called upon in case of accidents, known river dangers and inherent dangers with the sport--this proposal will not be a safe operation. In addition, the Fire Dept. will not be held responsible for determining when the river is safe for travel). Ron Hildebrand, President/Estes Anglers (fishing, safety, aesthetic concerns, negative impact on fishermen, private land owner concerns, potential establishment of a precedent where additional operations could be approved, potential violation to stream beds, some resorts stock the river at their own expense, inner tube participants/congestion, excessive runoff concerns, and creation of an attractive nuisance). Dale Ver Straeten, affected property owner, also speaking on behalf of Bob Fay, Emily Hartsell, and the Robertson Property (this operation would take away the pleasure of river properties, kayakers are noisy, liability concerns and trespass issues). Rebecca Swank/Blue Spruce Village resident, and on the Board of Directors representing 13 families (safety and liability concerns; they stock the bridge area so their residents can enjoy fishing, and the potential entanglement problems with kayaks and interruption with fishing, elk and deer that cross river in front of their home, kayaks are disruptive, and would interfere with the placid view of the river, the Glacier Lodge bridge is not very high, in high water, kayakers could strike it and the blow could be fatal. Her property is fenced and gated and by nature is private, and trespass issues). George Hockman, 1625 Prospect Estates Dr., member of EVIA Board (EVIA had a number of concerns with the biggest one being safety; they voted unanimously to oppose and request denial based on the fact that the likelihood of serious accidents is too great). Andrew Griffiths, experienced paddler with credentials who, in summary, believes the Applicant has significant liability concerns in light of the lack of training/instruction, potential of accidents with novice clients, and the substantial risk with the Big Thompson River. Industry standards were also discussed. Greg Sievers (has kayaked on the Big Thompson River and has had problems, however, he personally does not want to lose the privilege of kayaking the river). Todd Jirsa (experienced with some commercial kayaking companies, and discussed steepness variation of rivers, particularly the Big Thompson which is evidence why such commercial Board of Trustees - January 14, 1997 - Page 5 operations are not occurring on the Big Thompson). Ray Parker/Fire I Dept. and Dive Rescue Team (safety concerns, particularly with the youth). Mr. Hyland offered a rebuttal stating in summary that he will follow state guidelines/requirements. Questions and/or comments were heard from the Town Board, and, based upon concerns for public safety, including training levels, Fire Dept. concern that the Dept. could be asked to establish the range of water flows and associated liability, and unsuitability of the Big Thompson River for the proposed use; and also private property concerns for the natural environment; and Planning Commission comments, it was moved and seconded (Baudek/Doylen) Special Review #96-8 Estes Park Paddlers, Ltd. be denied, and it passed unanimously. 5. Lease/Option to Purchase Agreement for Lot 2 of the Birch Resubdivision of Block 1, Birch Addition to the Town of Estes Park, and Block 12 of the Second Amended Plat of the Town of Estes Park; Block 2. Birch Addition to the Town of Estes Park; and Lots 1 and 2, Block 11 of the Town of Estes Park between The Estes Park Willows, Inc., and the Town. Administrator Klaphake briefed the Trustees on the Agreement with Estes Park Willows, Inc. negotiated pursuant to Town Board direction. Specific parcel ownership was reviewed. The site intersects with the Municipal parking complex, and purchase would enable the Town to have additional parking, a i proper entrance width, length, and tie a proposed trail into Bond Park; this site is critical to the Parking Master Plan. In addition, the site has tremendous aquatic life, and storm water holding capacity. Staff also reviewed the financing plan (Larimer I County Open Space Fund beginning in 1997 through 2001); revenue projection estimates are conservative. Attorney White reviewed the i terms of the lease/option and payment schedule. At any time during the term, the Town can purchase the property by payment of all principal due and interest; the agreement is subject to annual renewal. Following discussion (open space funding relative to the Lake Estes Trail, zoning, opportunity to transfer density, wetlands and floodplain, and confirmation that the current property owners could develop the site for commercial purposes at the current time, it was moved and seconded (Hix/Marshall) the Lease/Option to Purchase Agreement with The Estes Park Willows, Inc. be approved, and it passed unanimously. 6. Town Administrator's Report: A. None. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 10:10 p.m. ................. Robert L. Dekker, Mayor ................. Vickie O'Connor, Town Clerk BRA'FOROPUBLI*HING.0. RECORD OF PROCEEDINGS Public Safety Committee January 16, 1997 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: All Also Attending: Town Administrator Klaphake, Police Chief Repola, Fire Chief Dorman, 1st Ass't. Fire Chief Ford, Clerk O'Connor Absent: None Chairman Marshall called the meeting to order at 3:34 p.m. POLICE DEPARTMENT. Solar Mobile Radar Traffic Monitor. This item was addressed in November, and staff was directed to present additional information. Chief Repola reported that this monitor is a useful tool and it was in place for a two week trial period last fall. Staff researched two models, the "Kustom" and a "Precision", and the price ranges from $12,021 to $12,270. The Dept. is requesting approval of a lease/purchase with Precision for $375.50/mo. for 34 months. Chief Repola further described the functions of the Precision Model: versatility, PC compatible with character display for readings, capability of tracking vehicle speed. Staff confirmed that the test- monitor did in fact slow drivers down. As this unit includes a traffic counter which would greatly assist Public Works, Public Works has offered to share in the cost. The monitor will be moved by a Patrol Vehicle and will be stored in the garage. The model includes an alarm and the Dept. will ensure it is not tampered with on the site. Staff is recommending the lease/purchase of the Precision Solar Model for $375.50/mo. The Committee recommends staff be authorized to lease/purchase the Precision Solar Control Model for 34 months at $375.50/month, with staff to determine and advise whether maintenance is included in the agreement. Pursuant to the Highway 7 reconstruction, delivery is requested by in the near future. Concealed Weapon Ordinance. The Committee reviewed an ordinance whereby the Police Chief would be authorized to issue permits to persons for the carrying of concealed weapons. Six conditions were identified. Existing State Statutes outline the issuance of permits by Police Chiefs and Sheriff's Dept., however, this ordinance allows the Town to assess a fee. Staff researched this type of procedure with Ft. Collins and the ordinance reflects this investigation. The Dept. does not intend to promote the carrying of a concealed weapon; applicants must prove they have a need (threats, life endangerment, etc.), followed by certification of training, knowledge of laws, etc. Proficiency is secondary to need. The application will include a waiver, and pursuant to State law, the Town is not liable for the issuing of such permits. The annual application fee is $100.00, which will be non-refundable. The Sheriff's Dept. is approaching permit issuance in a similar manner. The Committee recommends approval of the ordinance as presented. Agreement with Animal Medical Center. This Agreement will provide a place for impounded dogs in accordance with the Municipal Code. The 1991 Agreement was not officially executed, and staff is recommending approval of an updated Agreement (there are no changes from the previous Agreement). Staff will provide statistics on how many dogs BRADFOROPUALISHINGIl. RECORD OF PROCEEDINGS Public Safety Committee -Page 2 are impounded/year. Chief Repola reported that the fee of $600/month is offset by impound fees for the Dept., and that these charges are assessed to the dog owners. The Committee recommends approval of the Agreement with Animal Medical Center of Estes Park. Street Address Ordinance. As discussed by the Committee previously, this ordinance mandates house numbers pursuant to safety concerns, i.e.: hous* locating problems. Street numbers are to be visible from the street fronting the property. Discussion concerning the actual house number size, and the Building Code followed. The purpose of the ordinance is to require house numbers to be clearly visible from the street fronting the property. The Committee recommends approval of the ordinance as presented. FIRE DEPARTMENT. Use Permit for Dannels Fire Station Meeting Room. Chief Dorman presented a preliminary copy of use guidelines for public use of the Dannels Fire Station training room, as prepared by Ed Ford and Mark Igel. A use fee of $25.00/hr. necessary for a cleaning fee and supplies is being proposed, as well as defining where users will be allowed to park their vehicles. A list of nine conditions for use were reviewed, with the Committee suggesting (1), a fireman be designated to schedule/manage use, and (2) groups apply for a Special Use Liquor Permit prior to any alcoholic beverage being served. The Committee expressed their appreciation in being given the opportunity in reviewing the Use Permit. The new station is working out very well, and fire lane signage and snowplowing were discussed. Staff anticipates that the existing, former Bureau sign will be removed; landscaping is to be completed in spring. Kayak Proposal/Big Thompson River. Chief Dorman reported that the Dept. will still be involved in potential river rescues pursuant to the Patrick Hyland Special Review Application as this and/or other operations could occur outside Town Limits. Chief Dorman reiterated that the Fire Dept. will not be held responsible to determine when the river is safe. REPORTS. The Committee reviewed miscellaneous correspondence, particularly the thank you notes received from "Blue Santa" recipients. Youth Center. Chief Repola reported on the Youth Center, and suggested the Center Manager attend a Committee meeting to further brief Trustees. The Center is aware of the challenge grant included in the 1997 Budget; however, they may not be aware of the 2% budget reduction. Concerning sign-in statistics, staff requested the report list only the number of students-not total visits on the report. There being no further business, Chairman Marshall adjourned the meeting at 4:38 p.m. ~f~~Iilo. 0 -gal,t.dE.{~ Vickie O'Connor, CMC/AAE, Town Clerk BRA'FOROPUILISHING.0 RECORD OF PROCEEDINGS Public Works Committee January 23, 1997 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Streets/Park Superintendent Speedlin, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. ELKHORN AVENUE TREE REPLACEMENT PROJECT - REQUEST TO PROCEED Street/Parks Superintendent Speedlin explained that, due to frosts and harsh winters, 59 Ash trees have been lost; 28 in sidewalk tree grates; 19 in planting beds; 4 at the Conference Center; and 8 in other miscellaneous areas. Superintendent Speedlin's consultations with District Forester Mike Babler, Asst. Mike Hughes, and CSU Horticulture Professor Jim Klett have resulted in the following recommendations: "Pat More" Green Ash, and Hackberry in the tree grates, and Aspen, Shubert Chokecherry, and Conifers in the planting beds. Forester Babler explained that continual experimentation is the best approach to determine the appropriate species for the area. Speedlin explained that there are many varieties of Ash trees; the existing Town Ash trees are summit, marshall seedless, and seedless. Chairman Doylen commended Speedlin's on-going efforts. The Committee recommends Staff replace the trees where necessary following the above recommendations. Planting should begin by May 1 and completed within one week. MARYS LAKE WATER PLANT SCADA REPROGRAMMING - REQUEST TO PROCEED Director Linnane explained that the existing SCADA system was provided and installed by Motorola and is now six years old. The 1997 budget includes $23,000 for the necessary reprogramming at the Marys Lake Water Plant. Motorola has submitted a cost of $21,600. The reprogramming will include a backwash control to shut down the process valve in an emergency, an access security code to avoid program access by ambient radio waves, and will increase the power and effectiveness of the software/hardware equipment. Motorola's scope includes software upgrade, hardware chip retrofitting, and 2 weeks of on-site personalized programming. Administrator Klaphake explained that the SCADA equipment is very cost effective and avoids round-the-clock staffing. The Committee recommends approval of the Marys Lake Water Plant SCADA reprogramming at an estimated cost of $21,600. 1996 VALLEY ROAD WATER MAIN PROJECT - REQUEST APPROVAL of A CHANGE ORDER Director Linnane explained that Kitchen & Co. has submitted the following change order for the 1996 Water Looping Project along Valley Road: 7 3/4" service tap $1,148 53'-3/4" "K" copper 1,113 7-water service reconnects 840 $3,101 This is a final change order for this project. Total change orders have amounted to approximately $6,000, 3% of the total project. The Committee recommends approval of the change order from Kitchen & Co. totaling $3,101. BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee, January 23, 1997 - Page 2 CASTLE MOUNTAIN/FALL RIVER RD. INTERSECTION - REQUEST TO PROCEED WITH INTERSECTION IMPROVEMENT Director Linnane explained that Staff is requesting approximately $47,000 for improvements at the Castle Mountain/Fall River Rd. intersection, which Staff rates as one of the most dangerous within Town limits along a state highway. The intersection is located inside a curve, and because of a rock cliff at the northeast corner, the maximum site distance is 200 ft. The removal of 2,000 cu. yds. of rock abutment will result in an increased site distance to 450 ft., which will comply with recommended standards of 400 ft. No utilities are located immediately adjacent to the rock, the removed rock will be used in other projects, and only minor traffic delays will be expected. Bids were received as follows: Kitchen & Co. $ 32,000 Nytes Excavating $ 40,447 Miscellaneous/construction mgmt. $ 15,000 This project was not included in the 1997 budget; however, funding can be reassigned from the.overlay project budget. The Committee recommends approval of the contract with Kitchen & Co. in the amount of $32,000, plus $15,000 for expenses, for a total of $47,000. LAKE ESTES HIGH/BIKE (CAUSEWAY) TRAIL EARTHWORK PROJECT - REQUEST APPROVAL OF LOW BID Director Linnane explained the Causeway Trail is being bid in two phases due to federal funding and the Davis Bacon Wage Rate, which is typically higher than the Estes Valley wage rate. Phase 1 consists of earthwork and miscellaneous, and Phase 2 consists of concrete, Wapiti Bridge, and miscellaneous. Phase 1 bids were received as follows: G.L. Hoff Company $223,031.05 Mountain Constructors $243,589.00 Miners, Inc. $248,334.50 Scott Contracting, Inc. $258,265.00 Duckels Construction, Inc. $258,864.00 Connell Resources, Inc. $268,000.00 Midtown Materials & Storage Co. $289,398.34 Engineers Estimate ' $257, 310.00 The Committee recommends the Phase 1 contract be awarded to G.L. Hoff Company for $223,031.05. A study of G.L. Hoff's fill material unit prices indicate that the stockpile of fill material that was generated last Summer and Fall resulted in a savings of approximately $60,000. The proposed completion date is April 1. Phase 2 will begin in April with completion approximately June 1. The total cost estimate for Phase 1 and 2 is: Phase 1 $223,031 Phase 2 230,000 Design and Construction Mgmt. 44,760 Contingencies (5%) 25,000 $522,680 The maximum federal funding is $203,200 (40%), and the Town's share is estimated at $319,480 (60%). Director Linnane explained that the project is well within budget amountsÂ· since the CDOT to Town budgeted amount is 25%/75%. Administrator Klaphake reviewed the phases of the Lake Estes Trail. Facilities Manager Sievers and Director Linnane commended the efforts of Elaine Spencer, past Upper Front Range Transportation Planning Region Liaison for Estes Park, and Commissioner Jim Disney for their efforts in obtaining the funding for the Lake Estes Trail. IRADFORD.U. LISHINIG CO. RECORD OF PROCEEDINGS Public Works Committee, January 23, 1997 - Page 3 PUBLIC WORKS/LIGHT & POWER DEPARTMENTS FURNITURE - REQUEST TO PURCHASE Director Linnane explained that the proposed remodel of the Public Works and Light & Power Departments' office will improve the professionalism and efficiency of the reception area. Two bids were received: Boulder Commercial $ 7,000 Markley Office Concepts $ 9,000 The Committee recommends approval of the bid from Boulder Commercial in the amount of $7,000. This cost will be shared with the Water and Light & Power Departments. REPORTS Highway 7 Project Update: Blasting for the water main work between Stanley Ave. and Dunraven St. will be complete by January 24. Installation of the water main from Stanley Ave. to the Legion Island will be complete by February 20. Work from Stanley Ave. south to Pinewood Dr. will be complete by April 15. The roadway widening will start May 1, which is a delay from the original April 1 anticipated start-up date. Chairman Doylen adjourned the meeting at 9:06 a.m. --IL.=. K -20 Tina Kuehl, Deputy Town Clerk 4 , BRADFORD PUIWIHiNG CO. RECORD OF PROCEEDINGS planning Commission January 21, 1997 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Burgess, Gilfillan, A. Hix and Pohl Also Attending: Trustee Liaison G. Hix, Director Stamey, Senior Planner Joseph, Secretary Botic Absent: Commissioners Brown and Thomas Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES Minutes of the December 17, 1996 meeting were approved as presented. 2. ELECTION OF OFFICERS FOR 1997 Al Sager was nominated Chairman and it passed unanimously. Ed pohl was nominated Vice Chairman and it passed unanimously. It was also noted the Community Development Secretary or a representative from the Town Clerk's Office would serve as Recording Secretary. 3. REZONING 3.a. Lots 1 and 2. Mirabell Subdivision. From: R-S. 1 and 2 family To: E-Estate. Sinale Family. It was moved and seconded (Burgess/A. Hix) the Rezoning of Lots 1 and 2, Mirabell Subdivision From R-S, 1 and 2 family To E-Estate, Single Family, be withdrawn and it passed unanimously. 4. 4.a. Special Review 97-1. Lot 2. Thirteenth Fairwav Subdivision. BrodiL-AvnuL-ani-Malthewircla..._Rlk_Ridge Development. Liahthouse Group/Applicant. This is a request for construction of 54 condominium units. Chairman Sager opened the Public Hearing. Applicant's representative, Paul Kochevar, explained this item was presented at the December 1996 planning Commission meeting as a discussion item only regarding the road system. The Plan today has been altered to reduce density by two units with the same road system as in December, recognizing it does not address all of the neighbors' concerns. There is a potential for some thru traf f ic, the site is a three tiered configuration which allows for increased visual open space, everyone will have their own back yard, and they have tried to save trees. The owner is proposing to construct a concrete curb and gutter, 24' wide road, 5' sidewalks, two traffic calmers which will be lighted and landscaped. There will be off street parking and one parking bay. He expressed agreement with all staff recommendations except including a disclosure statement in sale contracts. However, he did agree to meet with the EVRPD and planning Staff to reduce conflicts and stated the owner is willing to financially contribute to make changes. Director Stamey clarified that the Town's position is to work with the Applicant to find a mutual solution regarding the fairway. Senior Planner Joseph reviewed the staff report explaining the reasons why this proposal is a Special Review and noted staff is recommending a street name change that does not begin with 'Elk Ridge'. Director Stamey reviewed written correspondence received from: Bettie Chamberlin - 1340 Matthew Circle, Jack Endacott - 1350 Matthew Circle, Estes Park Mountain Fairways, Inc., and Christopher Downs of '7 IRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - January 21, 1997 Page 2 Harding, Shultz and Downs - 1200 17th Street, Suite 1950, Denver, Colorado. Audience comments were heard from Lew Wallace, 1433 Matthew Circle, President of Estes Park Mountain Fairways, Inc. who submitted a Petition on behalf of the EPMFI residents protesting the extension of Matthew Circle or any other street system that would connect their Association with the proposed Elk Ridge Subdivision. He expressed concern with the 22' width of Matthew Circle, traffic issues of children and vehicles, golf carts, etc. and believes this proposal is poor planning and create an unsafe situation. Jim Smith, 1437 Matthew Circle, was concerned that an existing trash bin and area used for stacking snow will be eliminated with the approval of the proposal and he suggested an alternative site for an additional road. Chairman Sager stated the trash enclosures are on public property, it is regrettable they were placed their initially, and up to this time there has been no effort to have them removed. Ed Stauffer, 1453 Matthew Circle, immediate past president of EPMFI, stated Paul Kochevar had spoken with the Town on the trash bin location and this was done with Town approval. He suggested having a cyclone fence erected during construction and replaced with a split rail fence after completion of construction. Donald Anderson, 1410 Matthew Circle, expressed concerns with traffic (senior citizens use the street as a walkway/current problems with tractors/lawn mowers). He believes the proposal will consist of too many units with 100+ additional vehicles, also the nearby affordable housing development will add vehicles, which may result in the highest density in town with many traffic problems and suggested having a second road/entrance by Community Church of the Rockies and did not understand why this idea was previously eliminated and requested only one access on Matthew Circle for emergency use only. Public Works Director Linnane reviewed the meetings held over the past two months with the Developer, Mr. Kochevar and Town Staff. Problems have dealt with having a platform for vehicle acceleration and slope and the ability to match grades with Matthew Circle and meet Town street standards. Developer, Leonard Arnold, 527 Hickory Drive, Big Elk Meadows, explained this is the only development he is involved with at this time, some earlier concerns have been corrected, and a 5- 7 year build out of 10-12 units/year is being considered, this is the first major condominium plan since the adoption of the Comprehensive Plan which is in compliance with the Plan. This proposal is in accordance with the original intent for Matthew Circle, they recognize cul-de-sacs are undesirable, the original idea for a connection at the Community Church road was not feasible due to slope. He does recognize the neighborhood concerns and expressed interest in being a good neighbor with widened streets and sidewalks and will give $10,000 towards mitigation of potential golf course problems. Commissioner Gilfillan joined the meeting. Barry Sweet, 142 Alpine Circle, expressed concerns with increased traffic and the diminishing view and questioned the ownership status of the property. Mr. Kochevar stated the application has the signature of the current land owner and the Applicant; the seller has chosen to have the For Sale sign remain. Frank Grimm, 1445 Matthew Circle, stated the proposed driveways will cross private property and he was also told by . BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission - January 21, 1997 Page 3 Mr. McKinnon an easement existed. Director Stamey stated the easement is unrelated to the street dedication, and no gap exists between the street R-0-W and the east property line. Donald Anderson, 1410 Matthew Circle, emphasized his concerns with entrances and exits and believes the road by Community Church should be considered. Lew Wallace, 1433 Matthew Circle, read a section from the easement, expressed drainage concerns and believes the church entrance can be utilized as an entrance. Chairman Sager closed the Public Hearing at 2:42 pm. Director Stamey reminded the Commissioners that a motion would need to specifically address items 1-4 in the staff report. Commissioner A. Hix stated she was sympathetic to Matthew Circle residents and was uncomfortable with the street plan solution. In response to her question on the two unit density bonus, Mr. Kochevar stated the living areas of 39 units will face the south and Code would allow 3.9 units, however, they are only requesting 2 units. Chairman Sager stated it is unfair, unreasonable, and unnecessary to approve a project which will result in an immediate request for a setback variance. Commissioner Pohl expressed his sympathy to current residents and suggested adding another entrance. public Works Director Linnane emphasized the memo from Public works submitted to the Planning Commission stating that he is ~ recommending a connecting point to facilitate fire and police 6 response time, to disburse traffic, and to network the neighborhoods. Commissioner Burgess stated she has a problem networking the neighborhoods when some want to remain small and believes Matthew Circle is a confusing street. At the request of Commissioner Gilfillan, Director Stamey clarified that the Matthew Circle R-0-W along the east property line was originally dedicated to allow flexibility in locating the future street connection. Commissioner Pohl suggested continuing this item and having everyone meet to resolve the issues. Mr. Arnold spoke stating he needed direction as he has been meeting for two months and has had staff support and now the Commission is proposing to overrule staff. He believes the current proposal is an improved plan with support from the Fire Department, Public Works and Planning Staff. Discussion continued. Recognizing the concerns are exaggerated, it was moved and seconded (Sager/Gilfillan) Special Review 97-1, Elk Ridge Development, Lot 2, Thirteenth Fairway Subdivision, be favorably recommended to the Board of Trustees with the following findings and conditions, and it passed by the following votes: those voting "Yes", Commissioners Gilfillan, Pohl, and Sager, those voting "no", Commissioners Burgess and A. Hix. â€¢ Deny solar bonus. â€¢ Approve street layout as presented. â€¢ Remove on-street parking. â€¢ The proposed Development Plan is in conformance with the applicable provisions of 17.36.030 (Special Review). â€¢ Exception from required street setbacks internal to the project is granted as shown on the plan. BRADFORD PUILIIHING CO. RECORD OF PROCEEDINGS ' 1 Planning Commission - January 21, 1997 Page 4 â€¢ The 30' perimeter setbacks, with the exception of the parking bay, be met. â€¢ Sidewalks to be 5' in width. â€¢ Drainage improvements along Brodie Avenue are to be designed so as not to interfere with future pedestrian and bike paths. â€¢ Developer to change the name of Elk Ridge Drive. â€¢ A water main construction plan and a roadway plan and profile with traffic "calmer" details to be provided. The "calmer" must have a street light and be designed to provide traffic safety. â€¢ Trash bins on adjacent Mountain Fairway Circle must be relocated to accommodate the proposed roadway connection. Developer is to work with the Mountain Fairway Association to relocate the trash enclosures. â€¢ The Developer should meet with Town and EVRPD Staff to discuss related golf course issues. 5. DEVELOPMENT PLANS 5.a. Development Plan 97-2. Lot 22. Ranch Meadow Subdivision. Richard H. Wille. Trust/Applicant. This request is for Multi-Family Residential, 9 units in two buildings. Senior Planner Joseph reviewed the staff report stating the proposal has been revised to include staff recommendations in the staff report and a concept sketch plan has been submitted, for other adjacent lots. Director Stamey noted the cul-de-sac is a private street and documentation will be required addressing maintenance and snow removal. Applicant's representative, Bill Van Horn, stated the mail boxes for the entire area will be located on Raven Circle, there will be no trash bins (trash will be kept in garages). Driveways will not be shared between Lots. Responding to Chairman Sager's concerns, Applicant Rich Wille stated he is considering four different shingle colors and a variation of landscaping. There being no further discussion, it was moved and seconded (A. Hix/Burgess) Development Plan #97- 2, Lot 22, Ranch Meadow Subdivision be approved with the following conditions, and it passed unanimously. â€¢ Landscaping: The Planning Commission approves this planting plan and the proposed sizes. A note to be added stating "All disturbed areas shall be protected from erosion and be reseeded with native grass mix." â€¢ One handicap adaptable unit should be identified. â€¢ A note to be added to the Plan stating "All improvements shown on the Plan must be installed or guaranteed prior to issue of a final Certificate of Occupancy." 5.b. Development Plan 97-3. Lot 26. Ranch Meadow Subdivision. Richard H. Wille. Trust/Applicant. This request is for Multi-Family Residential, 9 units in two buildings. Senior Planner Joseph reviewed the staff report stating the asphalt surface has been noted and drainage concerns have been worked out with Public Works. There is a 30' emergency access easement located along the east property line of this lot which will need to be kept clear of trees or other improvements which might interfere with the use of this easement by emergency vehicles and a note . BRADFOROPUBLIÂ§HINGCO. RECORD OF PROCEEDINGS Planning Commission - January 21, 1997 Page 5 to this effect should be placed on the Development Plan. Applicant's representative Bill Van Horn was present. There were no comments or questions. It was moved and seconded ( Burgess/A. Hix) Development Plan #97-3, Lot 26, Ranch Meadow Subdivision be approved with the following conditions, and it passed unanimously. â€¢ Surfacing: The asphalt surface to be identified with a note on the plan. â€¢ Access: A note to be placed on the Development Plan stating: "The emergency access easement located along the east property line of this lot will be kept clear of trees or other improvements which might interfere with the use of this easement by emergency vehicles." â€¢ Utilities: It Will be the Developer's responsibility to relocate any obstructions in the emergency easement if any emergency response agency determines it is necessary. This will be done prior to the issuance of a Building Permit. â€¢ Landscaping: The Planning Commission approves this planting plan and the proposed sizes. A note to be added stating "All disturbed areas shall be protected from erosion and be reseeded with native grass mix." â€¢ A note to be added to the Plan as follows: "All site improvements and landscaping shown on this Plan must be installed or guaranteed prior to issue of a final Certificate of Occupancy." â€¢ One handicap adaptable unit should be identified on the plan. 6. REPORTS/OTHER Director Stamey reported Larimer County Planning Commission unanimously adopted the Comprehensive Plan on December 18, 1996 with minor language modifications and the areas identified for special study (Giant Track and Fall River). There being no further business, Chairman Sager adjourned the meeting at 3:40 p.m. 94,ca,ui -,Cy<)56Â«) Roxanne S. Botic, Recording Secretary RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION TO REAPPROPRIATE THE TOWN OF ESTES PARK'S 1996 ENCUMBERED FUNDS TO THE 1997 BUDGET. WHEREAS, the Town of Estes Park's accounting system incorporates a purchase order system which encumbers the budget when commitments are made; and WIIEREAS, encumbrances that were not liquidated in calendar year 1996 are reserved from the Ending Fund Balances; and WHEREAS, the Town of Estes Park intends to carry forward to 1997 the encumbered budget authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The following 1997 budgets be amended to carry forward the 1996 encumbered funds. 1997 1997 Original Revised Fund Encumbrance Budget Budget General 143,745 8,872,042 9,015,787 Community Revinvestment 8,117 350,000 358,117 Museum 15,991 251,872 267,863 Conservation Trust 28,035 19,500 47,535 Special Events 13,139 449,040 462,179 Park Entrance Estates SID 81,632 0 81,632 Light & Power 114,642 7,922,422 8,037,064 Water Fund 241,571 3,142,701 3,384,272 Fleet Maintenance 220 226,950 227,170 2. The reservation of the 1996 Ending Fund Balances is the funding source for the budget amendments. ADOPTED this 28th day of January, 1997. Mayor ATTEST: Town Clerk ~RAOFOROPUel.IMIN'CO, RECORD OF PROCEEDINGS Public Safety Committee January 16, 1997 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: All Also Attending: Town Administrator Klaphake, Police Chief Repola, Fire Chief Dorman, 1st Ass't. Fire Chief Ford, Clerk O'Connor Absent: None Chairman Marshall called the meeting to order at 3:34 p.m. POLICE DEPARTMENT. J.A. Solar Mobile Radar Traffic Monitor. This item was addressed 'in November, and staff was directed to present additional information. Chief Repola reported that this monitor is a useful tool and it was in place for a two week trial period last fall. Staff researched two models, the "Kustom" and a "Precision", and the price ranges from $12,021 to $12,270. The Dept. is requesting approval of a lease/purchase with Precision for $375.50/mo. for 34 months. Chief Repola further described the functions of the Precision Model: versatility, PC corhpatible with character display for readings, capability of tracking vehicle speed. Staff confirmed that the test- monitor did in fact slow drivers down. As this unit includes a traffic counter which would greatly assist Public Works, Public Works has offered to share in the cost. The monitor will be moved by a Patrol Vehicle and will be stored in the garage. The model includes an alarm and the Dept. will ensure it is not tampered with on the site. Staff is recommending the lease/purchase of the Precision Solar Model for $375.50/mo. The Committee recommends staff be authorized to lease/purchase the Precision Solar Control Model for 34 months at $375.50/month, with staff to determine and advise whether maintenance is included in the agreement. Pursuant to the Highway 7 reconstruction, delivery is requested by in the near future. 1 I â€¢MA'Folopull'â€¢â€¢INIC'. RECORD OF PROCEEDINGS Public Safety Committee January 16, 1997 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: All Also Attending: Town Administrator Klaphake, Police Chief Repola, Fire Chief Dorman, 1st Ass't. Fire Chief Ford, Clerk O'Connor ... Abient: -None i Â£~ , ~ , . Concealed Weapon .Ordinance. The Committee reviewed an ordihknce ~4*.4. I . whereby the a Police Chief wouldbe _Jauthorized -to_issue-permits :Ato *9 - -- A - persons for the carrying o f concealed weapons. Six conditions were identified. Existing State Statutes outline the issuance of permits by Police Chiefs and Sheriff's Dept., however, this ordinance allows the Town to assess a fee. Staff researched this type of procedure with Ft. Collins and the ordinance reflects this investigation. The Dept. does not intend to promote the carrying of a concealed weapon; applicants must prove they have a heed (threats, life endangerment, etc.), followed by certification of training, knowledge of laws, etc. Proficiency is secondary to need. The application will include a waiver, and pursuant to State law, the Town is not liable for the issuing of such permits. The annual application fee is $100.00, which will be non-refundable. The Sheriff's Dept. is approaching permit issuance in a similar manner. The Committee recommends approval of the ordinance as presented. U ---- - ORDINANCE NO. ORDINANCE CONCERNING THE ISSUANCE OF CONCEALED WEAPONS WITHIN THE TOWN OF ESTES PARK, COLORADO WHEREAS, the State Statutes provide that the Chief of Police of a Municipality may issue permits for the carrying of concealed weapons. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO; Section 1. The Chief of Police is authorized to issue permits to persons for the carrying of concealed weapons subject to the following provisions: (a) The permit shall be conditioned upon reasonable terms for the protection of public safety and welfare. (b) The Chief of Police shall promulgate rules and regulations to implement the issuance of concealed weapons permits, providing for, among other things, a background check of each applicant, a determination of the need of each applicant to be issued a concealed weapons permit, and determination of the proficiency of each applicant in the care and use of any weapon the applicant may carry. (C) Each permit shall be valid for a period of one year from the date of issuance unless a lesser period of time is specified on such permit. (d) Each permit issued shall be subject to revocation by the Chief of Police for violation of any State Statute, Municipal Ordinance or Rule and Regulation pertaining hereto. (e) Each applicant for a concealed weapons permit shall pay an application fee of $100.00, which will be non-refundable. A fee of $100.00 shall be charged for the annual renewal of any permit. (f) Each person issued a concealed weapons permit shall, as a term and condition of the issuance of the permit, indemnify and hold the Town, its officers, agents and employees harmless for any loss or damage imposed upon them as a result of any act or omission of the permit holder including attorneys' fees and expert witness fees. Such indemnification includes, but is not limited to, any judgment rendered against the Town, its officers, agents and employees or any of them together with all costs of suit and costs of defense incurred, relating in any manner to the carrying and/or use of a concealed weapon. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1997. TOWN OF ESTES PARK By: Mayor 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 , 1997, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1997. Town Clerk â€¢â€¢Ao,oâ€¢OPUILISHINGCO. RECORD OF PROCEEDINGS Public Safety Committee - Page 2 # Ii. - -~ - ~râ€¢ - -â€¢- -- -Â»----~ -* t Agreement with Animal .Medical Center. This Agreement will provide a , 07â€¢ â‚¬44 place for impounded dogs in jaccordance with the Municipal Code. The , -- 1- 1991 Agreement-Wai no-t--offiEi,illyregÂ¥.Eutâ‚¬@,--a.nd jt.aff -is -recommitidi69 - approval of an updated Agreement(there are no Whhii#e-s from' -the previous .Agreement) . Staff will proviae .statistics on how many -dogs _= -__- r 'â€¢â‚¬ are impounded/year. Chief Repola reported that the fee of $600/month .- -li, offset by impound fees foF' ttip'Â· D#*t.,- <and.,that these chaiges are 1,1 assdisel -to the--dog owners. -Th& -CE)ddittee -recomr~ends -Â·approval Â·df ithe Agreement with Animal Medical Center of Estes Park. . 3 JAN-23-1997 13:28 HAMMOND, CLARK & WHITE 9706699380 P.02 AGREEMENT THIS AGREEMENT. made and entered into this day of , 1997, by and between the TOWN OF ESTES PARK COLORADO, a Colorado Municipal Corporation, hereinafter referred to as ("the Town"), as party of the first part, and the ANIMAL MEDICAL CENTER OF ESTES PARK, LTD, hereinafter referred to as ("Dill" ), as party of the second part. WITNESSETH: WHEREAS, Dill provides kennel, veterinarian, and other services; and WHEREAS, the Town wishes to contract with Dill to kennel and treat dogs impounded by the Town. NOW, THEREFORE, in consideration of these premises and the covenants hereinafter set forth, it is agreed as follows: 1. Dill shall kennel all dogs impounded by the Town. The kennel shall be available at all times during the term of this agreement for the impounding of dogs. 2. Dill shall keep all dogs confined in order to prevent their escape therefrom. Dill shall not release any dogs until receipt of approval for release from the Town. 3. The place of impoundment shall be a closed shelter with a dog run and shall be properly heated, ventilated and kept in a sanitary condition. All dogs confined therein shall be furnished with adequate food and water. 4. Dill shall dispose of impounded dogs upon the direction of the Town at Dill's cost. In the event that Dill's cost of disposal substantially increases during the term of this agreement, the Town and Dill agree to renegotiate the dollar amount of payment in Paragraph 6 to reflect Dill's increased cost of disposal. 5. Dill shall, upon prior approval of the Town, furnish treatment and care by a duly licensed veterinarian for all sick and injured dogs placed in the kennel. In the event of a medical emergency which requires immediate treatment, Dill shall provide the necessary treatment without prior Town approval. All expenses for treatment and care shall be collected from the owners of the dogs receiving the same at the time of rtheir release from impoundment. Town shall have no obligation to Dill in the event any owner of a dog receiving care does not pak for said care. 6. The Town shall pay to Dill the sum of Six Hundred Dollars ($600.00) per month for the services furnished as herein provided. This fee shall cover one hundred fifty (150) impounds for the calendar year. In the event there are more than one hundred f ifty JAN-23-1997 13:28 HAMMOND, CLARK & WHITE 9706699380 P.03 (150) impounds, Town shall pay Dill Ten Dollars ($10.00) per day for each impound with a five (5) day maximum for each impound. Town shall pay Dill Twelve and 50/100 Dollars ($12.50) for each euthanasia. Beginning with the fifth (5th) year of this agreement, Dill shall have the right to increase the fee for services by written notice to Town thirty (30) days prior to the effective date of said increase for a sum not to exceed fifteen percent (15%) . Town and Dill understand and agree that they will renegotiate this Paragraph 6 with regard to the number of animals to be covered by the monthly fee after four (4) years have elapsed under the terms of this agreement. 7. Dill will indemnify and hold the Town harmless from all demands, claims, causes of action or judgments arising from or growing out of any act or neglect of Dill, his contractors, agents or employees in connection with the operations of the above place of impoundment or the performance of this agreement by Dill; and from all expenses that may be incurred in investigating or resisting the same, including all reasonable attorney fees, expert fees and costs incurred. Dill shall fully inform all persons using or being upon said place of impoundment, or dealing therewith of the nonliability of the Town, by posting an adequate number of notices to that effect in, about, or on said pr,emises. At his own expense, Dill shall carry insurance for the benefit of, and to protect himself and the Town from all claims, demands, causes of action or judgments; and from all expenses that may be incurred in investigating or resisting the same. Said insurance shall be in the amount of at least $150,000.00 per claim and $600,000.00 per occurrence, with Town designated as an additional insured on the policy. Town and Dill agree that Town is relying on and does not walve or intend to walve by this agreement any of the rlghts, immunities and protections provided by the Colorado Governmental Immunity at, 24-10-101 et seq., C.R.S., as from time to time amended, otherwise available to the Town, its officers, agents or employees. 8. To the extent lawfully allowed, the Town shall indemnify and hold Dill harmless from all demands, claims, causes of action or judgments arising out of Town's negligent impoundment of dogs or direction to Dill to dispose of the same. 9. The term of this agreement shall be for one (1) year from the 1st day of January, 1997 and from year to year thereafter until terminated by either the Town or Dill hereto as hereinafter provided. 10. This agreement may be terminated by either the Town or Dill, upon thirty (30) days written notice to~either party in the event either party fails to comply with the terms and provisions hereof. This agreement may also be terminated by either party giving the other party ninety (90) days written notice before the JAN-23-1997 13:29 HAMMOND, CLARK & WHITE 9706699380 P.04 end of any annual term hereof. All notices givenhereunder, if mailed by certified mail to the Town of Estes Park, P.O. Box 1200, Estes Park, Colorado 80517 and to Animal Medical Center of Estes Park, LTD at 1260 Manford Avenue, Estes Park, Colorado 80517 shall be sufficient notice under the terms of this agreement. 11. All covenants and agreements herein contained shall be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the respective parties hereto. 12. Dill shall not assign his interest in this agreement without the prior written consent of the Town. 13. Dill understands and agrees that he is an independent contractor under the terms and conditions of. this agreement. 82 such. Dill is not entitled to unemployment or insurance benefits through the Town. Also, Dill understands and agrees that he is solely resnonsible for all Federal and state income tax. FICA taxes and unemnlovment insurance taxes. Dill also understands and agrees that he is responsible for worker's compensation coverage and taxes for himself and any emolovee. TOWN OF ESTES PARK, COLORADO By: ATTEST: ANIMAL MEDICAL CENTER OF ESTES PARK. LTD. By: TOTAL P.04 ...0/0.0......ING.0 RECORD OF PROCEEDINGS Public Safety Committee - Page 2 are impounded/year. Chief Repola reportedthaL-JA@=gaimi'~leVmonth is offset by impound at these charges are assessed to U.2-1â€¢.0,emrEF-s o The Committee recommends approval of the Agreeme~*lifTE Animal Medical Center of Estes Park. Street Address Ordinance. As discussed by the Cornitte e previously, 28227 3 this ordinance mandates house numbers pursuant to safety concerns, i.e.: house locating problems. Street numbers are to be visible from the street fronting the property. Discussion concerning the actual 903 house number size, and the Building Code followed. The purpose of the ordinance is to require house numbers to be clearly visible from the street fronting the property. The Committee recommends approval of the ordinance as presented. FIRE DEPARTMENT. - Use Permit for Dannels Fire Station Meeting Room. Chief Do n presented a preliminary copy of use guidelines for public use the Dannels Fire Station training room, as prepared by Ed For nd Mark Igel. A use fee of $25.00/hr. necessary for a clea g fee and supplies is being proposed, as well as defining wher users will be allowed to park their vehicles. A list of nine ditions for use were reviewed, with the Committee suggestin (1) a fireman be designated to schedule/manage use, and (2) gr s apply for a Special Use Liquor Permit prior to any alcoholic b rage being served. The Committee expressed their appreciation i eing given the opportunity in reviewing the Use Permit. The new station is working out ve well, and fire lane signage and snowplowing were discussed. ff anticipates that the existing, former Bureau sign will be re. ed; landscaping is to be completed in spring. Kayak Proposal/Big Thom on River. Chief Dorman reported that the Dept. will still be ' olved in potential river rescues pursuant to the Patrick Hyland ecial Review Application as this and/or other operations could ur outside Town Limits. Chief Dorman reiterated that the Fire De . will not be held responsible to determine when the river is safe. REPORTS. The C ,ittee reviewed miscellaneous correspondence, particularly the than you notes received from "Blue Santa" recipients. Y th Center. Chief Repola reported on the Youth Center, and uggested the Center Manager attend a Committee meeting to further brief Trustees. The Center is aware of the challenge grant included in the 1997 Budget; however, they may riot be aware of the 2% budget reduction. Concerning sign-in statistics, staff requested the report list only the number of students-not total visits on the report. There being no further business, Chairman Marshall adjourned the meeting at 4:38 p.m. 4 Lihl, Â© -(95-) Vickie O'Connor, CMC/AAE, Town Clerk ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12.16 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO AS THE SAME RELATES TO STREET ADDRESSES WHEREAS, The Town of Estes Park currently requires that all properties located within the Town have a designated street address for the purpose of providing public safety response to an accurate address; and WHEREAS, currently the Uniform Building Code requires all new structures have an address and that said address be posted in view of the adjacent street prior to the issuance of a Certificate of Occupancy; and WHEREAS, numerous other properties located within the Town do not have addresses posted in view from adjacent streets; and WHEREAS, the Board of Trustees has determined that it is necessary to require all properties located within the Town of Estes Park to have addresses visible from the adjacent street for purposes of promotion of public safety. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: Chapter 12.16 of the Municipal Code shall be amended by the addition of the following section. Section 12.16.030: Street Addresses. All individual properties within the Town shall be designated with a street address. The location, size and materials necessary for the posting of the street address on the property shall be as provided in the Uniform Building Code with regard to new structures. All property not in compliance with this Section shall be brought into compliance on or before December 31, 1997. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1996. TOWN OF ESTES PARK By: Mayor 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 , 1996, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1996. Town Clerk BRIDFOR/PUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee January 23, 1997 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Streets/Park Superintendent Speedlin, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. ELKHORN AVENUE TREE REPLACEMENT PROJECT - REOUEST TO PROCEED 3.Al Street/Parks Superintendent Speedlin explained that, due to frosts and harsh winters, 59 Ash trees have been lost; 28 in sidewalk tree grates; 19 in planting beds; 4 at the Conference Center; and 8 in other miscellaneous areas. Superintendent Speedlin's consultations with District Forester Mike Babler, Asst. Mike Hughes, and CSU Horticulture Professor Jim Klett have resulted in the following recommendations: "Pat More" Green Ash, and Hackberry in the tree grates, and Aspen, Shubert Chokecherry, and Conifers in the planting beds. Forester Babler explained that continual experimentation is the best approach to determine the appropriate species for the area. Speedlin explained that there are many varieties of Ash trees; the existing Town Ash trees are summit, marshall seedless, and seedless. Chairman Doylen commended Speedlin's on-going efforts. The Committee recommends Staff replace the trees where necessary following the above recommendations. Planting should begin by May 1 and completed within one week. MARYS LAKE WATER PLANT SCADA REPROGRAMMING - REQUEST TO PROCEED d. Director Linnane explained that the existing SCADA system was provided and installed by Motorola and is now six years old. The 1997 budget includes $23;000 for the necessary reprogramming at the Marys Lake Water Plant. Motorola has submitted a cost of $21,600. The reprogramming will include a backwash control to shut down the process valve in an emergency, an access security code to avoid program access by ambient radio waves, and will increase the power and effectiveness of the software/hardware equipment. Motorola's scope includes software upgrade, hardware chip retrofitting, and 2 weeks of on-site personalized programming. Administrator Klaphake explained that the SCADA equipment is very cost effective and avoids round-the-clock staffing. The Committee recommends approval of the Marys Lake Water Plant SCADA reprogramming at an estimated cost of $21,600. 1996 VALLEY ROAD WATER MAIN PROJECT - REQUEST APPROVAL of A CHAAIWI ORDER Director Linnane explained that Kitchen &600~as- submitted the following change order for the 1996 Wd*iviooping Project along Valley Road: 7 3 /4" servi.czq-,~~ $1,148 53'-3/4" "U~5pper 1,113 7-wates-05'bice reconnects 840 $3,101 This is a filt change order for this project. Total change orders have amou-fEd to approximately $6,000, 3% of the total project. The qg~fâ‚¬tee recommends approval of the change order from Kitchen &~.v totaling $3,101. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee, January 23, 1997 - Page 2 CASTLE MOUNTAIN/FALL RIVER RD. INTERSECTION - REOUEST TO PROCEED <~~~ WITH INTERSECTION IMPROVEMENT Director Linnane explained that Staff is requesting approximately $47,000 for improvements at the Castle Mountain/Fall River Rd. intersection, which Staff rates as one of the most dangerous within Town limits along a state highway. The intersection is located inside a curve, and because of a rock cliff at the northeast corner, the maximum site distance is 200 ft. The removal of 2,000 cu. yds. of rock abutment will result in an increased site distance to 450 ft., which will comply with recommended standards of 400 ft. No utilities are located immediately adjacent to the rock, the removed rock will be used in other projects, and only minor traffic delays will be expected. Bids were received as follows: Kitchen & Co. $ 32,000 Nytes Excavating $ 40,447 Miscellaneous/construction mgmt. $ 15,000 This project was not included in the 1997 budget; however, funding can be reassigned from the. overlay project budget. The Committee recommends approval of the contract with Kitchen & Co. in the amount of $32,000, plus $15,000 for expenses, for a total of $47,000. ILâ‚¬. LAKE ESTES HIGM~/BIKE (CAUSEWAY) TRAIL EARTHWORK PROJECT - REQUEST 11 APPROVAL OF LOW BID Director Linnane explained the Causeway Trail is being bid in two phases due to federal funding and the Davis Bacon Wage Rate, which is typically higher than the Estes Valley wage rate. Phase 1 consists of earthwork and miscellaneous, and Phase 2 consists of concrete, Wapiti Bridge, and miscellaneous. Phase 1 bids were received as follows: G.L. Hoff Company $223,031.05 Mountain Constructors $243,589.00 Miners, Inc. $248,334.50 Scott Contracting, Inc. $258,265.00 Duckels Construction, Inc. $258,864.00 Connell Resources, Inc. $268,000.00 Midtown Materials & Storage Co. $289,398.34 Engineers Estimate ' $257,310.00 The Committee recommends the Phase 1 contract be awarded to G.L. Hoff Company for $223,031.05. A study of G.L. Hoff's fill material unit prices indicate that the stockpile of fill material that was generated last Summer and Fall resulted in a savings of approximately $60,000. The proposed completion date is April 1. Phase 2 will begin in April with completion approximately June 1. The total cost estimate for Phase 1 and 2 is: Phase 1 $223,031 Phase 2 230,000 Design and Construction Mgmt. 44,760 Contingencies (5%) 25,000 $522,680 The maximum federal funding is $203,200 (40%), and the Town's share is estimated at $319,480 (60%). Director Linnane explained that the proj ect is well within budget amountsÂ· since the CDOT to Town budgeted amount is 25%/75%. Administrator Klaphake reviewed the phases of the Lake Estes Trail. Facilities Manager Sievers and Director Linnane commended the efforts of Elaine Spencer, past Upper Front Range Transportation Planning Region Liaison for Estes Park, and Commissioner Jim Disney for their efforts in obtaining the funding for the Lake Estes Trail. A.00*AM/trEAD &.Atâ€¢ 9/61 - ' - HWY \V/9 1 - 84 8. - 18 .....4.0 704 RIGHT 0.3 0 4 7570 .4 4- 4/0.0 .4 1 - 4- 9 4% 4 1-\ 0 -1 G val r#\4 y I . La-r BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee, January 23, 1997 - Page 3 PUBLIC WORKS/LIGHT & POWER DEPARTMENTS FURNITURE - REQUEST TO PURCHASE Director Linnane explained that the proposed remodel of the Public Works and Light & Power Departments' office will improve the professionalism and efficiency of the reception area. Two bids were received: Boulder Commercial $ 7,000 Markley Office Concepts $ 9,000 The Committee recommends approval of the bid from Boulder Commercial in the amount of $7,000. This cost will be shared with the Water and Light & Power Departments. REPORTS Highway 7 Project Update: Blasting for the water main work between Stanley Ave. and Dunraven St. will be complete by January 24. Installation of the water main from Stanley Ave. to the Legion Island will be complete by February 20. Work from Stanley Ave. south to Pinewood Dr. will be complete by April 15. The roadway widening will start May 1, which is a delay from the original April 1 anticipated start-up date. Chairman Doylen adjourned the meeting at 9:06 a.m. -11- K -QQ Tina Kuehl, Deputy Town Clerk DR 8404 (02/94) dOLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a Date filed with Local Authority U Corporation (Attach DR 8177) ~ Individual (Attach DR 84044) F.E.I.N. D Partnership (Attach DR 8441) U Limited Liability Company (Attach DR 8405) 1 a. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Social Security No. YOUNG HEE KIM 194-70-5625 2. Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone ROCKY MOUNTAIN DISCOUNT LIQUOR 0339779 (970-586-4314) 3. Address of Premises (specify exact location of premises) 350 WEST RIVERSIDE DRIVE City County State ZIP Code ESTES PARK LARIMER CO 80517 4. Mailing Address (Number and Street) City or Town State ZIP Code Â»me) P. 0. BOX 3393 Eg-E< pAEK CD E 06t r7 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Expiration Date ROCKY MOUNTAIN DISCOUNT LIQUOR 0339779 RETAIL LIQUOR SALES 11-19-1997 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- Yes No ers or directors if a corporation) or manager under the age of twenty-one years? ma 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or manager ever; (a) been denied an alcoholic beverage license? ma (b) had an alcoholic beverage license suspended or revoked? (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license for the premises to be licensed been refused within the preceding two years? If "yes," explain in detail. m Â£1 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If "yes," explain in detail. U Â£1 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or El fli seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any m 2 current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 1 a of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) ng El U Ownership Od Lease U Other (Explain in Detail) (has 10-year lease with 10-vear option) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires MARIA & JOHNSON LIN YOUNG HEE KIM MARCH 2007 Attach a diagram of the area to be licensed (including dimensions) which shows the bars, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11'. (Doesn't have to be to scale) 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME ADDRESS INTEREST ESTES PARK THE ESTES PARK BANK 363 EAST ELKHORN COLO 80517 PRIME + 2% DELMAR MASON (SELLER) 350 W. RIVERSIDE DR, ESTES PK 8% Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc) witl share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas reqi legted DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicants, answer the following: Yes Ao (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. m 01 15. Club Liquor License applicants answer the following and attach DR 8177: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? 00 (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? 00 (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? 16. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a) Will the applicant store or sell alcoholic beverages at more than one location in Colorado? If "yes," provide the address of each location and explain the activity to be conducted at each location (e.g, warehouse, salesroom, etc.) (Attach DR 8438 for each location) 0 0 (b) If applicant is a wholesaler, does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. m Il (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes,Â» attach a copy; if "no," explain whether one has been applied for. 00 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, malt, vinous or spirituous liquor) applicants, answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. U El (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain in detail. On (d) Are you the primary source of supply in the U.S.? If "no," explain. 00 (e) Are all your products registered in Colorado? If "no," attach DR 8440 and register said products. mm 18. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form Date of Birth (DR 8367) and Individual History Record (DR 8404-I). OATH OF APPLICANT 1 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 Signature - Title Date 4.44-2 H la- OWNER 1/13/97 U 9- REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, nonresident manufacturers, importers, wholesalers, limited wineries, and public transportation licensees disregard the section below.) Is this application for a: E New License E Transfer of Ownership D Other (specify) Each person required to file DR 8404-I: Yes No Has been fingerprinted am Background, NCIC and CCIC checked m El The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 00 If "no," the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority lor U TOWN, CITY U COUNTY Signature Title Date Signature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) ROCKY MOUNTAIN DISCOUNT LIQUOR 1-13-97 194-70-5625 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) KIM, YOUNG HEE (Same) 4. Mailing Address (if different from residence) Home Telephone (Same) (303) 840-2179 5. Residence Address (street and number, city, state, ZIP) 16481 Parkside Drive Parker CO 80134 6. Date of Birth Place of Birth 7. U.S. Citizen? 5/25/52 Kyung Buk, -South Korea D Yes 68 No If Naturalized, state where ' When Name of U.S. District Court (n/a) n/a (N/A) Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number. : Permanent Residence Card Number N/a 11/a *42304299 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state "6" 1301b Brn Brn F il Yes [3 No COLO 92-121-9947 Name of Present Employer 11. Type of Business or Employment N/a 11/a 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone N/A 13. Present Position N/A 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Married Sung Mo Kim 16. Spouse's Date of Birth Spouse's Place of Birth 3/29/51 Kyung Buk, South Korea 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) (Same) 18. Spouse's Present Employer Occupation N/A N/A 19. Address of Spouse's Present Employer N/A 20 List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER N/A . Do you now, or have you everheld a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail - CJ Yes N] No CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. El Yes E No 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. C] Yes Â® No 24. Military Service (branch) From To Serial Number Type of Discharge N/A N/A N/A N/A N/A 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 9959 East Peakview Ave. Z-106 Englewood CO 80111 11/17/ 1/31/ 91 93 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO 4/6/ 1/18/ Marya's Liquor (Sung Mo Kim) 2496 West Hampden Ave. Counter 92 96 Sheridan CO 80110 1/19/ 10/. Chambers Square Cleaners 15335 East Colfax Unit H-1 Owner 96 1 Aurora COLO 27. What is your relationship to the applicant'~sole owne~partner, corporate officer, director, stockholder, member or manager) 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned N/A N/A 29. If partner, state whether m General El Limited Percent of Partnership Owned If Limited Liability Company (percent owned) N/A N/A N/A 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amounts 430,000.00 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account $ 100,000.00 Key Bank #6120180 Sung Mo Kim, Young Hee Kim $ 100,000.00 Key Bank #060257003024 " " $ 600.00 Key Bank #5520185 " " $ 500.00 World Savings #353012859 Sung Mo Kim only 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 Signature Title Date OWNER 1-13-97 H \A . V eR.ra LANNED PROGRESS January 23, 1997 TO: Mayor Dekker Board of Trustees Gary Klaphake, Town Administrator FROM: Art Anderson -13- Executive Diredtbr RE: REMOVAL OF EASEMENT ON LOT 2, STANLEY KNOLL SUBDIVISION Background The Knoll property was subdivided by Stanley Commercial Development into Lots 1, 2, and 3, and Lots 1 and 3 were purchased by the Authority. Stanley Commercial Development planned to build FActory Outlet stores on Lot 2. In order to protect future access to Lots 1 and 3, and because the development pattern on Lot 2 was unknown, a general easement was placed on the plat. This easement states: "A general easement across Lot 2 shall be allowed for construction and maintenance of public facilities and pedestrian access to Lots 1 and 3." Action Required The title company has stated that in order to insure, clear title to the Knoll, that undefined general easement must be removed. The Authority, when the purchase of Lot 2 is completed, will own the entire property (Lots 1, 2, and 3) and the access question will not be an issue. It is respectfully requested that the Town Board vacate that easement so that the purchase of the Knoll may proceed. Thank you. JAN-23-1997 13:40 HAMMOND, CLARK & WHITE 9706699380 P.02 ORDINANCE AN ORDINANCE VACATING AN EASEMENT LOCATED ON LOT 2, STANLEY KNOLL SUBDIVISION OF TRACT 2 STANLEY ADDITION TO THE TOWN OF ESTES PARK, COLORADO 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 an easement over and through the following described property. Lot 2 Stanley Knoll Subdivision of Tract 2 Stanley Addition to the Town of Estes Park, Colorado NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. 1. The Board of Trustees of,the Town of Estes Park, Colorado hereby vacates the following described easement: Easement contained in Note on Plat of Stanley Knoll Subdivision of Tract 2, Stanley Addition to the Town of Estes Park, which states: A general easement across Lot 2 shall be allowed for construction and maintenance of public facilities and pedestrian access to Lots 1 and 3. Section 2. The Town hereby surrenders any and all right, title and interest to said easement. Section 3. The adoption of this Ordinance is hereby declared and emergency due to the fact that it is necessary to vacate the easement in order to close the purchase of the Knoll property by the Â£6tes Park Urban Renewal Authority on or before February 19, 1997; and WHEREAS. it is the opinion of the Board of Trustees than an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OP ESTES PARK. COLORADO THIS DAY OF . 1997. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk TOTAL P. 02