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HomeMy WebLinkAboutPACKET Town Board 1997-11-12Prepared 11/6/97 BOARD OF TRUSTEES - TOWN OF ESTES PARK Wednesday, November 12, 1997 7:30 p.m. AGENDA Employee Recognition: Mike Hulbert and Robert Hirning, APWA Competition Awards. PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated October 28, 1997. 2. Bills. 3. Committee Minutes: A. Community Development, November 6, 1997. 4. Planning Commission, October 21, 1997 (Acknowledgment only). 5. Board ofAdjustment, November 4, 1997 (Acknowledgment only). 6. Public Hearing: Final Plat of Prospect Highlands Subdivision, a Portion of Tract A, Prospect Estates Addition, Stephen Soloman and Cynthia Curry/Applicant - Plat was continued to November 12th; Applicant must request to be placed on future Town Board Agenda. TOWN BOARD COMMENTS: ACTION ITEMS: 1. 1998 Budget: A. Public Hearing - Highway User's Trust Fund B. Resolution #12-97 - Setting Mill Levy C. Resolution #13-97 - Adopting Budget D. Resolution #14-97 - Appropriating Sums of Money , 5, 2. Feasibility Study with Aller·Lingle Architects, P.C. - Approval of Budget Expenditure. 3. Agreement with E.V.R.P.D. for operation of the In-Line Skating Program - Approval for 1997-1998. 4. Estes Valley Joint Planning Commission - Appointment of Town of Estes Park Commissioners. 5. Resolution #15-97 for the Abandonment of the Hydro Power Water Right of the Hondius Cascade Pipeline. 6. Resolution #11-97 - Setting Show Cause Hearing for November 25, 1997 for the American Legion Club, Inc. 7. Town Administrator's Report: A. f.' ---m.- /4. -;'-- .11- - . AX ' -- -. 1-~- -- K ~~ -~-194 cy/6523\IX ill¥«*¥4(*aw"¥41¥.t fA'; ¥ #0{%9*96(/4,166=,4 .-' ' f j f ......-..-,i.. .~ 0 2 ·; L?m:,p=NawL,4.=<41211-)4*=**((A/*UL//AN:14 I k c · 'e'bl©*V Y*,3.C,·2<1 4,1:4 5'09'6'ful: 01·0.2·6 YOR#746'1·~·re E:©ti·O·'2~¢4·.t''O Y·<93~41· f-©':I+Ct· 1.:9 9 4> ··~'· · . u., ~--:.zj:··g ..Ah·.,9;14-, - 1, A~ >U< ' 3% I ..|iIi .. 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Town of Estes Park, Larimer County, Colorado, October 28, 1997 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 28th day of October, 1997. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek George J. Hix William J. Marshall J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Dekker called the meeting to order at 7:32 p.m. PUBLIC COMMENT Mary Nelson, Art Teacher/Middle School, stated she was a $500 recipient of the CACEP Re-gifting Program. With the gift, she purchased basic and costly print making techniques and lead- free/dinnerware safe glazes for approximately 330 school students. Three 8th Grade students displayed their art objects. Ms. Nelson noted that the Re-gifting Program benefits all students, and she encouraged the Town Board to continue funding the Re-gifting Program. Mayor Dekker expressed the Board's appreciation for the presentation. TOWN BOARD COMMENTS: None. CONSENT CALENDAR: 1. Town Board Minutes dated October 14, 1997. 2. Bills. 3. Committee Minutes: A. Public Safety, October 16, 1997. B. Public Works, October 23, 1997. It was moved and seconded (Hix/Pauley) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Christmas Holiday Weekend Event/Horse-drawn Hayrides - Approval. Special Events Director Hinze briefed the Trustees on a request by the Stanley Village Association to conduct horse-drawn hayrides from lower Stanley Village to Elkhorn Avenue from 11:00 a.m. - 4:00 p.m. December 13th, and Noon to 4:00 p.m. on December 14th during the Christmas Holiday Weekend. Director Hinze explained the route from Stanley Village to the Transit Center, turning onto MacGregor Ave. to Park Ln., and return to Elkhorn Ave. There will be two loading zones (lower Stanley Village, and Transit Center). The Aspen Lodge will be providing the Board of Trustees - October 28, 1997 - Page 2 wagon and horses, and they have experience and proper , insurance (this event will not occur if inclement weather occurs). It was moved and seconded (Hix/Marshall) the route proposed for horse-drawn hayrides be approved, and it passed unanimously. Trustee Marshall expressed his appreciation to Stanley Village and Aspen Lodge. 2. Street Closure in Observance of Halloween - Approval. Police Capt. Filsinger is requesting approval for the closure of Elkhorn Ave. at Spruce St., Moraine/Big Horn Dr. and Riverside Dr. from 5:00 p.m. until traffic subsides between 8:00-9:00 p.m. on October 31 St (Halloween evening) . It was moved and seconded (Doylen/Hix) the street closure as presented, be approved, and it passed unanimously. Administrator Klaphake noted that the reason staff seeks approval of street closures is to obtain the Town Board's sanction on the use of public streets. 3. Introduction of Ordinance #15-97 Readopting the Municipal Code and setting the Public Hearing for November 25, 1997. Clerk O'Connor reported that the Municipal Code is being edited, the codifying company has changed, and that the Ordinance #15-97 is being introduced to readopt the Code. A public hearing is scheduled November 25, 1997. No further action is necessary at this time. It was moved and seconded (Hix/Pauley) the public hearing to re-adopt the Munici8pal Code be held November 25, 1997, and it passed unanimously. 4. Town Administrator's Report: A. Stanley Hall Preservation: 1. Balcony Access - In a memorandum dated October 22, Contract Officer Anderson reported that the balcony at Stanley Hall has been in place since the building was constructed. The balcony has a single access stairway and a seating capacity not-to-exceed 40 persons. The Colorado Historic Society has requested that the UBC requirement of a secondary access be waived so the architectural integrity of the interior would not be compromised by placing a stairway in front of the multi-story window to the right side of the entry porch. Information on a permanent collapsible fire escape ladder was presented. It was moved and seconded (Marshall/Baudek) the Board of Trustees concur with the finding that the existing balcony conditions are not being changed, that the installation of the emergency access ladder does provide a safe secondary egress from the balcony area in case of emergency, and it passed unanimously. Trustee Baudek requested the Fire Dept. establish a maximum occupancy for the balcony. B. Initiated Ordinance Petition - Report. Clerk O'Connor confirmed that on October 17% Patrick and Shelley Cipolla submitted their petition to limit residential growth to 1%. Due to the General Election November 4% the Clerk has not had access to the County's computer to verify signatures. Clerk O'Connor reviewed the process, advising the Initiated Ordinance will be placed on the November 25 tri Town Board agenda. 5. It was moved and seconded (Hix/Marshall) the Town Board enter Executive Session to discuss land negotiations, and it passed unanimously. , Board of Trustees - October 28, 1997 - Page 3 Note: Due to Veteran' s Holiday on Tuesday, November 11th, the Town Board meeting will move to Wednesday, November 12 th at 7:30 P.m. There being no further business, Mayor Dekker adjourned the meeting at 7:55 p.m. to Executive Session. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk . I' BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee November 6, 1997 Committee: Chairman Doylen, Trustees Dekker and Marshall Attending: Chairman Doylen and Trustees Dekker and Marshall Also Attending: Town Administrator Klaphake, Directors Stamey, Kilsdonk and Hinze, Advertising Manager Marsh, Conference Center Director Pickering, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT Community Development Policy Procedure Manual: Director Stamey reported on the Community Development Policy Procedure Manual. This information was removed from the Municipal Code as part of the updating and simplifying process of the Code and does not change any of the current fees. Updates will be presented when necessary. The Committee recommends approval of the Community Development Policy Procedure Manual and that the manual be adopted by reference during the Municipal Code revision process. Advertising Report: Advertising Manager Marsh reported that as of September 30, overall Visitor Guide requests decreased .3%. The 800-line statistics will be available at a later date, due to changes in the mechanics and billing of this line. The Virtual Visitors Guide home page totaled 72,387 hits compared to 33,553 last year, an increase of 116%; the Web site received 1,025,142 hits compared to 615,767 last year, an increase of 66%; and E-mail requests increased from 392 last year to 2,495, an increase of 536%. Trustee Marshall commended Director Marsh for the ad on Channel 4. Conference Center Report: Director Pickering presented three surveys from conferences held during September and October, and each showed consistently high ratings. The major complaint is hotel reservations, as most conferences make their reservations through the central reservation number. The conference packets mailed to potential groups Will request use of the local reservation number. One group will return in 1999. Director Pickering commended the Holiday Inn staff and Conference Services Coordinator Tindle for their consistent service. Trustee Marshall questioned the impact of the National Geographic proposal on the conference community. Director Pickering noted that one of the major drawbacks of booking conferences during the off-season is the unavailability of activities. This proposal would play a positive role in the community by providing a quality attraction for conference attendees and tourists. MUSEUM Director Kilsdonk reported that the exhibit, "The Prints of Lyman Byxbe" will open with a reception on Friday, November 21 from 5:00 to 7:00 p.m., and will be on display through April 6, 1998. The Museum will participate in the CACEP Holiday Art Walk on December 12-14, with free admission and refreshments. The Museum Advisory Board is recommending acceptance of the feasibility study proposal from Aller-Lingle Architects for $9,700. This study is a portion of the Town's match for the Conservation Project Support Grant to analyze current and future space needs. The Committee recommends acceptance of the feasibility study by Aller-Lingle Architects for $9,700. i V BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee, November 6, 1997 - Page 2 SPECIAL EVENTS Surprise Sale Weekend Critique. Special Events Director Hinze reported that the Seventh Annual Surprise Sale held October 11-12, was well attended on Saturday but that inclement weather affected attendance on Sunday. EVRPD Use of Barn W for Inline Skating: Director Hinze noted this is the third year for this activity, the rental time is mid- December 1997 to April 1, 1998, the fees pay utility costs, and there has been no damage to the building from this use. The Committee recommends approval of the Agreement with the Estes Valley Recreation and Park District for the use of Barn W for Inline Skating. American Hiking Association: Director Hinze reported that the American Hiking Association will hold a two-day snowshoeing event February 21-22, 1998, at Stanley Park, in conjunction with Rocky Mountain National Park. During this event, volunteers will lead hikes in the Park, winter safety instruction will be presented, and four major snowshoeing manufacturers will be on hand to demonstrate equipment which will be available to the public. Lions Club: Bob Merwitzer, current President of the Lions Club, reported volunteers provided 1,200'hours of service the past year at the concession stand, and added that the Lions Club provided $2,000+ in sales tax and donated $1,200 to Salud Medical Clinic, $2,000 for a college scholarship, $300 to the Youth Center, $250 to scouting, $1,000 to the Holiday House, and $700 for eye/hearing exams. Trustee Marshall commended the Lions Club for their community service. Mr. Merwitzer presented the Town with a check for $9,995.00, and expressed the following concerns: 1. More information regarding activities at Stanley Park, including performance and fee schedules, needs to be generated to attract more visitors to the Fairgrounds. As most activities at the Fairgrounds are free, this needs to be stressed in brochures, on the Hwy. 34/36 banner, and on the Stanley Park sign. 2. The flooring and the swamp coolers in the concession stand need replacement. 3. A minimum seven-day advance notice is requested if the concession stand is required to be opened for any additional event. 4. Although the contract states that the concession stand is to be open during all activities, the Lions Club would like the option to close when individual group schedules do not require the concession stand services. 5. A roll-up awning is requested to provide shade for the picnic table area. 6. The lease should not require the Lions Club to be responsible for exterior maintenance on the building, 7. During the Wool Market, the Lions Club should only be charged a flat rent fee (as other vendors) rather than percent of sales. Administrator Klaphake suggested a meeting be scheduled with Lions Club representatives and the Town to discuss concerns and review the lease. There being no further business, Chairman Doylen adjourned the meeting at 8:47 a.m. 7241<U€ Tina Kuehl, Deputy Town Clerk ' i eMADFORD /UNLISHING CO. RECORD OF PROCEEDINGS Planning Commission - October 21, 1997 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, Gilfillan, A. Hix, Pohl and Thomas Also Attending: Trustee Liaison G. Hix, Town Attorney White, Director Stamey, Senior Planner Joseph, Director Linnane and Secretary Botic Absent: None Chairman Sager called the meeting to order at 1:30 p.m. 1. CONSENT_AGENDA 1.-1._Minutes of the September 16, 1997 meeting were approved as presented. 1.b. Ar•el.1 ..vi.w 97-03, Lots 5 and 67 navilli Rubdivinion continued to the November 18, 1997 meeting approved. 2. SPECIAL REVIEW 2.a. Amended Special Review 96-1, Lot 1, Block 1. Laka ViAw 1100 Big Thnmr•nn Avenue (Appen•011), David Habeakar/Applieant. This is a request to: 1) modify Building A from 16 to 23 accommodation units, 2) reduce Building B to 2 units, 3) install new parking area and 4) changes in driveway configuration and parking. Applicant David Habecker, reviewed the request explaining with the increase in Building A and the decrease in Building B, the net effect will be +1 unit. Robert Joseph, Senior Planner, reviewed the staff report, stating the new density formula does max out the allowable site density. Staff requests the finished floor elevations be shown for all units and that the Applicant address the intent of the pub/meeting room/parking as density will be maximized and usage will be restricted to on-site guests. Staff recommends approval with conditions. Mr. Habecker explained he anticipates his guests will utilize the pub/meeting with no visible sign to the public, however, people may walk over from adjacent businesses. Parking spaces will be labeled for on site guests. Commissioner Brown expressed concern with parking issues related to the pub and stated there are industry standards which apply and gave information relating to required parking. There were no audience comments. It was moved and seconded (Brown/Thomas) the Amended Special Review 96-1, Lot 1, Block 1, Lake View Tracts, 1100 Big Thompson Avenue (Appenzell), be approved with the following conditions, and it passed unanimously. The Engineer's signature shall be updated. Finish Floor Elevations shall be shown for each building. The location of the three dwellings units (full kitchens) shall be identified on the Plan. ... •RADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - October 21, 1997 Page 2 A revised drainage plan and report shall be approved by Public Works prior to issuance of a Building Permit. Provide documentation of the required utility easements. The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. • If the 640' sq ft meeting facility/pub is constructed, 50% shared parking credit will be given and 47 total parking spaces shall be provided. 3. DEYELOPMENT_PLANS 1-8.-_Da,zelapment_21,•n 97-14.-_TractlL_Bealter_12¤inLSecand Lth/Applicants. This is a proposal for 1) 1,500 sq ft building (assembly hall), 2) 1,300 sq ft building to (commercial and storage), 3) 1,600 sq ft buildings (10'x20' and 10'x10' storage units). Mike Todd/Rocky Mountain Consultants, Applicant's representative, stated he has reviewed staff's comments and all will be incorporated. Mr. Joseph reviewed the staff report, explaining the site will have three separate uses, and the Applicant is currently considering other building construction options rather than steel buildings. There have been several meetings with staff and the Applicant; this plan will create less site disturbance. Applicant is requesting a credit for one shared parking space based on the proposed mix of uses. Staff is recommending approval with conditions. Mr. Todd stated building colors will browns, greens, and creams. There were no audience comments. Acknowledging one parking space below maximum is reasonable for allowed shared parking, it was moved and seconded (Brown/Burgess) Development Plan 97-14, Tract 19, Beaver Point Second Addition, be approved with the following conditions, and it passed unanimously. Revise the drainage calculations and plans as per Public Works Memo dated October 13, 1997. Boring under Elm Road for utilities. Provide berming/mossrock landscaping along street frontage in lieu of plating. • The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. 3.b. Development Plan 97-11, Lot 21, Raneh Meadow Subdixision._Rich_Willa_Tn~attapplicant. This is a proposal for multi-family development consisting of nine dwelling units total in two buildings. Senior Planner Joseph reviewed the staff report recommending approval with conditions. Applicant's representative, Bill Van Horn, questioned the necessity Of the note regarding drainage facilities maintenance as it is also on the final plat; Mr. Stamey responded it is required. A discussion/clarification followed regarding the ISO (Insurance Services Office) request made by Fire Chief Dorman; staff will follow-up. Mr. Van Horn stated a revised plan has been submitted which complies with Public Work's request in a Memo dated October 13, 1997. Mr. Joseph spoke with Chief Dorman regarding his written comments and Chief Dorman is now satisfied with emergency access from Lot 20. It was moved and seconded (Burgess/Pohl) Development Plan ... ... BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - uctober 21, 1997 Page 3 97-11, Lot 21, Ranch Meadow Subdivision, be approved with the following conditions. and it passed unanimously. • Revise the storm drainage as per Public Works Memo dated October 13, 1997. • Add a note stating that "Maintenance of the drainage facilities is the responsibility of the home owners." • The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. 3.c. Development Plan 97-12, Lot 30. Ranch Meadow Subdixision. Rich Willa Trust/Applicant. This is a proposal for multi-family development consisting of nine dwelling units total in two buildings. Bill Van Horn, Applicant's representative, stated revisions have been made in response to staff's recommendations. It was moved and seconded (Thomas/A. Hix) Development Plan 97-12, Lot 30, Ranch Meadow Subdivision, be approved with the following conditions. and it passed unanimously. • Revise the storm drainage as per Public Works Memo dated October 13, 1997. • Add a note stating that "Maintenance of the drainage facilities is the responsibility of the home owners." • Provide a five foot wide setback to the edge of asphalt along the north property line and relocate the off-site plantings into this area. • The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. 3.d. Amended Development Plan 97-04, Lot 1. Saint Vrain r-nt.r Ri,helivinion. 401 R,14 n+- Vrain Lane, Jeff/Suman_Bancock and_John/Peggy_Lynch/Applicant. This is a request to add a satellite banking facility with drive-up window. Mr. Joseph reviewed the staff report and requested Applicant's description of drive-up traffic flow and to address potential problems. Applicant's representative, Bill Van Horn, explained their information gathering process for projected satellite bank usage. Due to the size and location of this facility, they anticipate handling 20-25% of the current downtown business with peak hours at 12:30 p.m. and after 5:00 p.m. Commercial accounts will continue to be handled at the downtown location. He doesn't anticipate the drive-up traffic interfering with parking and other revisions will be made to comply with staff recommendations (grading errors, planting plan, sidewalk connection, asphalt, radii). There is a culvert which accepts on site run-off, fill slopes and other site improvements do not encroach on adjacent lot, all run-off will be contained on this site, a joint use agreement has been signed by both parties (Lynch/Hancock and Knotty Pine Inc.), CDOT's request will be addressed, Lynch/Hancock will be responsible for a maintenance agreement regarding snow removal. Public Works Director Linnane explained the importance of an approval letter from the Highway 7 Construction Engineering Group (David A. Forsythe and Gary Johnson) regarding drainage issues. Director Stamey requested , BRADFOROPUILISHING.0. RECORD OF PROCEEDINGS Planning Commission - October 21, 1997 Page 4 a copy of the joint use agreement. Mr. Van Horn agreed to provide this documentation. There were no audience continents. Commissioner Thomas requested the traffic flow and appropriate signage be indica€ed on the Plan. It was moved and seconded (A. Hix/Burgess) Amended Development Plan 97 -01, Lot 1, Saint Vrain Center Subdivision, 501 Saint Vrain Lane, be approved with the following conditions, and it passed unanimously. Grading errors and omissions shall be corrected. The planting plan shall be revised to reflect As-Built conditions. • The walkway connection to the sidewalk along Highway 7 shall be provided. • The edge radii shown on the site plan at the access points on Saint Vrain Lane shall be constructed as drawn. • Property line shall be surveyed and all site work contained on site. • Drainage Plan to be approved by CDOT Highway 7 Construction Engineering Group prior to issuance of Certificate of Occupancy. Provide a copy of Share Access Easement. Add "Exit Only" signage to Plan. Indicate traffic flow on Plan. Densely plant the proposed exit drive. The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. 3.e. Development Plan 97-13, Lot 1, Block 4, Fall River Egtaten. Fall River Road and David Driver Jim Rodgers and Randy__Collins/Applicants. This is a proposal for 21 commercial accommodation units and a manager's residence. Applicant's representative, Ross Stephen, reviewed the proposal explaining they have met with UTSD regarding a new sewer line. Mr. Joseph reviewed the staff report stating staff's expectation is to retain trees as shown. A copy of memo given to Applicant regarding the proposed conference building was included in the staff report and this note has been added to the Plan. Mr. Joseph also requested a note to be added to the development plan sheet explaining the basis for the flood plain formation as shown; any work on the river banks involving placement of fill or rip rap will require a Town Flood Plain Permit and Corps of Engineers Permit. Staff recommends approval with conditions. Commissioner Brown questioned what portion of the conference building will be meeting space and explained why additional parking places will be required and how the standard would apply to this request. Discussion continued regarding build-out, parking problems/spill-out on highway R-0-W and restricting conference ce,iter usage. Staff stated additional parking could be a condition of approval or plan could be approved without the conference building and Applicant could return in the future with that revision and amendment. Applicant Randy Collins questioned why additional parking was needed and Commissioner Brown responded. Mr. Collins stated he hadn't considered this problem and if it should arise, he would address it at that time. Commissioner Pohl noted additional parking and access will require CDOT approval and suggested Applicant return to .. 5 1 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Cammission - October 21. 1997 Page 5 the November meeting with a revised plan. Mr. Stephen stated Applicant will agree with the 504 sq ft building limit and 2 additional parking places will be found. Commissioner A. Hix questioned if a wetlands study has been completed. Mr. Stephen stated when walking the site no wetlands have been identified. Mr. Joseph explained the staff's expectation to have a qualified consultant make a determination. Commissioner Thomas questioned the access to the conference building; Mr. Stephen responded stating a foot bridge hasn't been engineered yet due to costs and Applicant is open to bike easement discussion. Mr. Joseph stated the plan is unusual as it does not indicate access to the building for foot or car traffic, plan may have not been given enough consideration and suggested the Commissioners may want to remove the conference building from their decision and Applicant may return with additional information at a future time. Chairman Sager reviewed Commissioner options. Commissioner Brown stated there are unresolved issues and he would prefer to continue this request for a consolidated plan so an overall view could be considered. Commissioner Gilfillan also. supported continuing this item, requesting a more definitive plan with regards to parking, access, size and use of conference building. Applicant Collins stated since the Commissioners were only concerned with wetland issues, he requested approval for the units. Commissioner A. Hix stated she did not favor continuing this request. Commissioner Thomas questioned the nature of the discrepancy regarding the river channel and Mr. Joseph responded. As there are unresolved issues (size of conference building, use, and related parking and access, wetlands identification), it was moved and seconded (Brown/Gilfillan) Development Plan 97-13, Lot 13, Lot 1, Block 4, Fall River Estates, be continued to the November 18, 1997 meeting so that a definitive plan could be reviewed, and it passed with the following voting #Yes": Commissioners Brown, Gilfillan, Pohl and Thomas; those voting "No": Commissioners Burgess, A. Hix and Sager. Commissioner Gilfillan was excused from the meeting at 4:10 p.m. due to a prior commitment. 3.f. _navalapment Pl•n 97-15. Lot 6. Amended_21-at of Lot-EL Amended Plat of Lots 6,7, and 8, Second Amended Plat Pine River Subdivision, North of Riverside Drive on Pina River Lane.--Michael_Wright_an*d_Anthony_Schiaffo/Applicants. This is a proposal for a 4,000 sq ft commercial building (first floor - 3,300 sq ft and second floor 700 sq ft). Applicant's representative, Ross Stephen, explained the request. Mr. Joseph reviewed the staff report, recommending approval with conditions including the ISO requirement. Mr. Stephen stated most of staff' s request have been completed and a wetlands permit has been applied for. Commissioners requested outside storage have a 6' fence, with no storage items higher than 6', no other storage anywhere on the site and landscape plan has corrections to be completed. There were no audience comments. It was moved and seconded (Thomas/A. Hix) Development Plan 97- 15, Lot 6, Amended Plat of Lot 6A, Amended Plat of Lots 6.7. and 8, Second Amended Plat Pine River Subdivision, be approved . •RAOFORO PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - October 21, 1997 Page 6 with the following conditions, and it passed unanimously with one absent. • A note shall b& added to the Plan stating ~The owners of Lot 6 shall be responsible for maintenance of the drainage facilities" and the owners obtain a drainage easement for the discharge of the culvert across Lot 7. 0 The owner's and lienholder's statement shall be added to the Plan sheet. • Necessary permits from the Army Corps of Engineers shall be obtained prior to issuance of a building permit. • The finished floor elevation shall be raised two feet above the 100 year Flood elevation. • Fence surrounding storage area shall be 6', stored items shall not be higher than 6' and there will be no storage anywhere else on the site. • The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. 14-Development Plan 97-16, Lot 2, Block 4, Fall River Entat.aa._Ealllixer_Road-andliah-w••-h.ry Road, eraig/Keeley Hansen_and-Marjorie_Oliver/Applicants. This is a proposal for 14 commercial accommodation units (two bedrooms/full kitchen) and a manager's residence/office and a private single family residence. Due to Chairman Sager also being on the Board of Adjustment, he declared a conflict of interest, he passed the gavel to Vice-Chairman Pohl. Applicant's representative, Ross Stephen, explained the proposal (duplex configuration) which will have a new sewer line. The Army Corps of Engineers will be consulted and a permit applied for if applicable. Mr. Joseph reviewed the staff report, explaining a Board of Adjustment variance is required, hike and bike easements will be discussed in the future and recommended approval with conditions. He also noted the importance of a qualified wetlands consultant and if wetlands are found, they must be added to the plan. If any work will be done in the river channel, a Town Flood Plain Permit will be needed. Director Linnane stated a 136" tap will be necessary for 11 dwelling units which Mr. Stephen stated has been corrected and clarified the Applicants plan to construct 12 units now with the possibility of 2 additional units (5 & 6 stacked) in the future. Marjorie Oliver, Applicant, stated they would like to have a foot bridge and due to financial constraints, one will need to be phased in. There were no audience comments. It was moved and seconded (Brown/Burgess) Development Plan 97-16, Lot 2, Block 4, Fall River Estates, be approved with the following conditions, and it passed unanimously with one abstention. • A note shall be added to the development plan sheet explaining the basis for the flood plain information shown. • A traffic analysis shall be provided by the developer to determine if there is any need to improve the intersection of Fish Hatchery Road and Fall Road. It shall be the developer's responsibility to provide this analysis and review the results with CDOT prior to I , 8...FORIPUILISHING CO. RECORD OF PROCEEDINGS Planning Commission - October 21, 1„/ Page 7 requesting a building permit. • The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. • The south side of the southerly parking lot shall be planted to provide the required screening along the street line. A wetlands survey will be completed. Any work on the river banks involving placement of fill or rip rap will require a Town Flood Plain Work Permit and Army Corps of Engineers permit shall be obtained prior to issuance of a building permit. • Obtain a variance from the Board of Adjustment for the parking location. Chairman Sager resumed his place on the Commission. 4. PRELIMINARY PLAT 4.a. Prelimin•ry Plat, Lot 30, Little Prospect_Mountain Subdivision, Stanley Circle Drive, Stephen M. t. This is a request to divide one lot into ~ three lots. Applicant's representative, Ross Stephen, reviewed the proposal stating each new lot will allow for construction and they plan to introduce only single family homes, the existing residence will access via the existing driveway located in Peck Lane (a private street); there will be a written access agreement with George Peck for Lot 3. Mr. Joseph reviewed the staff report and recommended approval with conditions and reviewed Chief Dorman's recommendations. Mr. Stephen will follow-up with Chief Dorman as another hydrant has been located near the area. Audience comments were heard from Art Anderson, 160 Stanley Circle. Mr. Anderson has historically used a trail across Lot 3 and would like that to be protected from development and requested no there be no perimeter fencing to allow for wildlife migration. Attorney White stated the trail may be recognized through the court system. Finding the request is appropriate for the neighborhood and meets all requirements, it was moved and seconded (A. Hix/Brown) Preliminary Plat, Lot 30, Little Prospect Mountain Subdivision, be approved with the following conditions, and it passed unanimously. • Clearly identify the easement along the east property line. Add a note which restricts access to Lots 1&2 to the shared access point on Stanley Circle Drive. Provide a written access agreement for Lot 3. Require connection of Lot 3 to sanitary sewer prior to Town Board approval of the Final Plat. • A note to be added to the Final Plat that use shall be restricted to single family homes for all resultant lots. • The verification of fire flows in accordance with ISO Fire Suppression Rating Schedule shall be provided. 5. COUNTY_REEERRAL 5 .a. Gibba_Easement_3Dw-Al-1 an 19-05-72; 772 North lane, North of_adjacent_la_North_Lane._Soutl_of_and-_adiacent-1:9_-Dmtilia .. ... BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - October 21. 1997 Page 8 Gulch_Road#_1240_Ded.lia_Gulch_Road._Dorothy S._and_George Gibbs/Applicants. Mr. and Mrs. Gibbs were in attendance and Mr. Gibbs explained Dorothy C. Scott (Mrs. Gibbs' mother) donated this easement October 13, 1959 with the intent for this to be a public road which has not been done. Their property contains a meadow and elk migration route. The Gibbs will grant an easement to Mrs. Lober (1230 Devil's Gulch Road)and Silver Lane Stables with their agreement for appropriate trail maintenance. They wish to protect their privacy, land and trees. Louise Lindsey, representing the Estes Valley Trails Committee, encouraged public use of this multi-purpose trail and expressed appreciation to the Commissioners for preservation of the Prospect Mountain trail. Bus Schageman, representing Frank and Jeff Schageman, expressed his interest in open space, elk preservation and support for the Gibbs. Commissioner Thomas commended Mrs. Scott's gift to the county and the Gibbs for maintaining the easement and efforts with the stables in maintaining the bridle path easement. The County should consider trail maintenance. It was moved and seconded (Thomas/Brown) the Gibbs Easement Vacation 19-05-72; 772 North lane, that Staff be directed to advise Larimer County the Planning Commission finds this request acceptable and recommends approval of the following, and it passed unanimously. • The County vacate the public road easement and vehicular portion of the road and retain a non-motorized public access easement. • The County provide for the Town water line easement. 5. An.IQUEN There being no further business, Chairman Sager adjourned the meeting at 5:32 p.m. 9&/Luu-, 1. L£34:--3 Roxanne S. Botic, Recording Secretary 1 'RADFORD PUBLI~HING CO. RECORD OF PROCEEDINGS Board of Adjustment November 4, 1997 Board: Chairman Pauley, Members Barker, Baudek, Newsom, Sager Attending: Chairman Pauley, Members Barker, Newsom and Sager Also Attending: Director Stamey, Senior Planner Joseph and Secretary Botic Absent: Member Baudek Chairman Pauley called the meeting to order at 8:00 a.m. MINIK[IDS The minutes of the October 7, 1997 meeting were accepted as presented. I.OT 2, BI.OCK 4, FALL RIVER ESTATES, OWNER - D.A. I,IENEMANN, SR., PETITIONER: ESTES PARK SIJRVEYORS AND ENGINE]CRS, INC. FOR CRAIG/KEELEY HANSEN AND MA]UORIE OLIVER - VARIANCE REQIJEST FROM SECTION 17.24.010.B OF THE MUNICIPAL CODE. Applicant is requesting two setback variances as follows: 1) Street planting area setback along notth parking lot required: 15% proposed: 10' 2) Setback along lhe south parking lot required: 15', proposed: 4' - 10'. Paul Kochevar, Applicanf s representative, reviewed the locations of the requested variance. He explained the variances would allow for reten~on of large trees and lhe proposed parking lot would not be too close to the river. Mr. Kochevar also noted the elevation difference between lhe street and the noIlh parking lot There were no audience comments and Director Stamey stated no correspondence has been received. Member Sager expressed disappoinlment and regret for the lack of property identification (field stakes at corners). Mr. Kochevar responded. Member Sager concurred with the Staff report recommending approval of the variance, stating approval could be granted wilhout hmm to olher landowners in the vicinity and without detriment to public good. It was moved and seconded (Sager/Barker) the variances, as requested, be approved for Lot 2, Block 4, Fall River Estates, and it passed unanimously. REPORTS/OTHER A discussion followed regarding the validity of posting variances and improving identification of property. The Board requested improved vicinity maps and that property be identified with corners marked with field stakes. 'Illis will also be addressed with the new Estes Valley Development Code regulations. There being no further business, Chairman Pauley adjourned the meeting at 8:23 a.m. Lfs*a,uu_)4. 238-60 Roxanne S. Botic, Recording Secretary 6 1 ¥ ki TOWN OF ESTES PARK -h.-r--7./. #tiL 9 7,/7,9'.~41 -i--< 34:d5. 9.- . 8 I !,4 ·lulls ·9' 9,61 47343*934*6~ -,4. ' ....«a \11 - . JUJUg·£ lf4. .Lxus•6»Y i.6 4-78%K4·!SC'th' .€ 2mhE .,3" 7:112-1, , It 0 1 --N -1 MEMORANDUM TO: Board of Trustees FROM: Monte L. Vavra, Finance officer fy- DATE: November 12, 1997 SUBJECT: Highway Users Trust Fund Public Hearing, 1998 Budget November 12, 1997 Colorado budget law requires a public hearing be conducted to discuss how the,Highway Users Trust Fund revenues are proposed to be expended in the ensuing fiscal year. The following are the proposals that are included in the 1998 Town of Estes Park Budget: 1. Estimated Revenues: $209,160 2. Estimated Expenditures: MacGregor roto/pave 43,000 Fall River Lane 32,000 Highway 7/school misc 10,000 Manford sidewalk 150,000 Resurfacing overlay 200.000 $435,000 In addition, expenditures for snow plowing, street maintenance, or any other expenditures directly related to streets are allowable uses of Trust Fund revenue in the event that either of the above- listed projects are not constructed or come in considerably less than budget. (970) 386-333 I · RO. BOX 1200 · 170 MAC GREGOR AVENUE · ESTES PARK, CO 80517 • FAX (970) 586-Wh 22- , RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1998, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 1998 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Government Budget Law on November 12, 1997; and WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $188,997; and WHEREAS, the 1997 net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $69,775,430. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That for the purpose of meeting all general operating expenses of the Town of Estes Park during the 1998 budget year, there is hereby levied a tax of 2.70865 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1998. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Larimer County, Colorado, the milllevies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 12th day of November, 1997. Mayor ATTEST: Town Clerk RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE 1ST DAY OF JANUARY, 1998, AND ENDING ON THE LAST DAY OF DECEMBER, 1998. WHEREAS, the Board of Trustees of the Town of Estes Park have appointed Gary F. Klaphake, Town Administrator, to prepare and submit a proposed budget to said government body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 12, 1997, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That estimated expenditures for each fund are as follows: General Fund .................... .. $ 9,345,282 Community Reinvestment Fund ........... 9,300 Museum Fund .................... 207,434 Conference Center Fund ............... 511,472 Conservation Trust Fund ............... 32,674 Special Events Fund .................. 506,039 Larimer County Open Space Tax Fund ...... 73,374 Park Entrance Estates Debt Service Fund ..... 23,991 Light and Power Fund ................ 8,065,352 , Water Fund . 2,510,272 Self-Funded Medical Insurance Fund ....... 190,500 Fleet Maintenance Fund 209,045 Firemen's Pension Fund 58,550 Policemen's Pension Fund .............. 2.565 TOTAL $21,745,850 Section 2. That the estimated resources for each fund are as follows: General Fund: From unappropriated surpluses ................. $1,428,661 From sources other than general property tax .... .................... 8,742,581 From the general property tax levy................................. 188.997 TOTAL GENERAL FUND $10,360,239 Community Reinvestment Fund: 230,191 Museum Fund: 212,851 Conference Center Fund: 511,474 Conservation Trust Fund: 32,674 Special Events Fund: 506,289 Larimer County Open Space: 131,250 Park Entrance Estates Debt Service Fund: 28,035 Light and Power Fund: From unappropriated funds..... ........... . 2,990,716 From other revenue sources................ 7,345,805 TOTAL LIGHT & POWER FUND 10,336,521 , Water Fund: From unappropriated funds................. 2,793,227 From other revenue sources................ 2.373.515 TOTAL WATER FUND 5,166,742 Catastrophic Loss Fund: 284,248 Self-Funded Medical Insurance Fund: 306,306 Fleet Maintenance Fund: 348,389 Firemen's Pension Fund: 816,228 Policemen's Pension Fund: 24.377 GRAND TOTAL $29,295,814 Section 3. That the budget, as submitted, amended, and hereinabove summarized by fund, be and the same hereby is approved and adopted as the budget of the Town of Estes Park, Colorado, for the year stated above. Section 4. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. ADOPTED this 12th day of November, 1997. Mayor ATTEST: Town Clerk .. RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE 1998 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on November 12, 1997; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as setforth in sid budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: THAT the following sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated: General Fund: Current Operating Expense ........... $8,183,504 Capital Outlay ./.•looll 1.161.778 TOTAL GENERAL FUND ................. $ 9,345,282 Community Reinvestment Fund: Current Operating Expenses ..... .............. 9,300 Museum Fund: Current Operating Expense ........... 161,555 Capital Outlay ................... 45.879 TOTAL MUSEUM FUND ................. 207,434 , Conference Center Fund: Current Operating Expense ........... 511,472 Capital Outlay ............. ...... 0 TOTAL CONFERENCE CENTER FUND ........ 511,472 Conservation Trust Fund: Capital Outlay ...... .0.................... 32,674 Special Events Fund: Current Operating Expense ........... 430,189 Capital Outlay ......... .......... 75.850 TOTAL SPECIAL EVENTS FUND ............ 506,039 Larimer County Open Space Fund: Current Operating Expense ........... 73,374 Capital Outlay ... ................ TOTAL LARIMER COUNTY OPEN SPACE FUND . 73,374 Park Entrance Estates - Debt Service: Current Operating Expense .............. ...... 23,991 Light and Power Fund: Current Operating Expenses .......... 6,774,802 Capital Outlay ................... 1.290.550 TOTAL LIGHT and POWER FUND ........... 8,065,352 Water Fund: Current Operating Expenses .......... 1,732,472 Capital Outlay .................. 777.800 TOTAL WATER FUND .................0. 2,510,272 Self-Funded Medical Insurance Fund: Current Operating Expense .................... 190,500 Fleet Maintenance Fund: Current Operating Expenses .......... 198,145 Capital Outlay ................... 10.900 TOTAL FLEET MAINTENANCE FUND ........ 209,045 Firemen's Pension Fund: Current Pensions ..............,. .......... 58,550 Policemen's Pension Fund: Current Pensions .......................... 2.565 GRAND TOTAL $21,745,850 ADOPTED this 12th day of November, 1997. Mayor ATTEST: Town Clerk . ....Folopul.,SHING.0 RECORD OF PROCEEDINGS Community uevelopmenc committee November 6, 1997 Committee: Chairman Doylen, Trustees Dekker and Marshall Attending: Chairman Doylen and Trustees Dekker and Marshall Also Attending: Town Administrator Klaphake, Directors Stamey, Kilsdonk and Hinze, Advertising Manager Marsh, Conference Center Director Pickering, Deputy Clerk Kuehl Absent: None hairman Doylen called the meeting to order at 8:00 a.m. CO ITY DEVELOPMENT Commu 'ty Development Policy Procedure Manual: Direc or Stamey report on the Community Development Policy Proce re Manual. This inf mation was removed from the Municipal Code part of the updating a simplifying process of the Code and es not change any of the c rent fees. Updates will be presente hen necessary. The Committee recommends approval of the Comm ity Development Policy Procedur Manual and that the manual be a pted by reference during the Munic al Code revision process. Advertising Report: Advertising Manager Ma h reported that as of September 30, overal Visitor Guide reque s decreased . 3 %-. The 800-line statistics w 1 be available a later date, due to changes in the mechani and billing o this line. The Virtual Visitors Guide home page totaled 72, 7 hits compared to 33,553 last year, an increase of 16%; the ieb site received 1,025,142 hits compared to 615,767 la year, n increase of 66%; and E-mail request? increased from 392 ast ear to 2,495, an increase· of 536%. Trustee Marshall comm d Director Marsh for the ad on Channel 4. Conference Center Report: ire tor Pickering presented three surveys from conferences he dur g September and October, and each showed consistently h'gh rati s. The major complaint is hotel reservations, as mo confere es make their reservations through the central rese ation numbe . The conference packets mailed to potential oups Will re uest use of the local reservation number. e group will re urn in 1999. Director Pickering commended t Holiday Inn staff nd Conference Services Coordinator Tindle f their consistent ser ice. Trustee Marshall questioned the impa of the National Geog phic proposal on the conference communi y. Director Pickering n ted that one of the major drawbacks o booking conferences during e off-season is the unavailability o activities. This proposal wo ld play a positive role in the mmunity by providing a qualit attraction for conference at ndees and tourists. MUSEUM Directo Kilsdonk reported that the exhibit, "The Pri ts of Lyman Byxbe" Jill open with a reception on Friday, November 2 from 5: 00 to 7: p.m., and will be on display through April 6, 1 98. Th Museum will participate in the CACEP Holiday Art alk on ember 12-14, with free admission and refreshments. The Museum Advisory Board is recommending acceptance of the 620 ~ This study is a portion of the Town' s match for the Conservation feasibility study proposal from Aller-Lingle Architects for $9,700. Project Support Grant to analyze current and future space needs. The Committee recommends acceptance of the feasibility study by Aller-Lingle Architects for $9,700. . October 7,1997 Ms. Betty Kilsdonk, Director Estes Park Area Historical Museum 200 4th Street P.O. Box 1691 Estes Park, CO 80517 RE: Request for Proposals Museum Feasibility Study Town of Estes Park, Colorado Dear Betty: Aller•Lingle Architects P.C. is pleased to submit this revised Proposal for the Feasibility Study of the Estes Park Area Historical Museum, as requested. Based upon your letter to me dated September 30, 1997, and our telephone conversation of yesterday, we have revised our proposed scope of services and associated feestoalign with theavailable funding for the Feasibility Study. Again, these fees are proposed on a not-to-exceed basis, at the hourly rates included in our original Proposal. • Conduct a meeting with the Museum Director, staff, Town officials, Museum Advisory Board and Friends of the Museum Board as necessary to develop programming and design criteria, and establish parameters for the feasibility study. budgets and milestone schedules. The programming and design criteria will include all ot the museum's facilities, including the main building, outbuildings and off-site storage facilities: $400 Provide all necessary documentation and field verification of the existing, as-constructed conditions of tile Museum and associated structures, and prepare limited CAD drawings of these existing conditions: $1,600 I , Mr. Betty Kilsdonk Page 2 • Conduct a thorough analysis of the current facility, including an evaluation of age, condition. structural integrity and expected service life. compliance with current building, fire. life safety and handicapped accessibility codes. renovation and space utilization options. suitability for expansion. adequacy of the site for expansion, site location, parking, mechanical systems. electrical power, lighting, data systems and other technical requirements. and community image and other aesthetic issues. Working with the Museum staff. determine an inventory of the museutn's collections. equipment. furnishings, etc. to be a part of the feasibility study process. This analysis will also include review of previous work completed to date. including the 1992 architectural assessment by Long Hoeft Architects: $2,400 • Prepare draft schematic design proposals for review, including floor plans of the Museum renovation and potential addition(s), site plan and building elevations: $2,600 • Conduct a review with the Museum staff, Advisory and Friends Boards, and make modifications to the final design criteria and schematic design drawidgs as necessary. Data from the analysis of the current facility will be used, along with review of various options and alternatives: $400 • Provide a conceptual construction budget: $500 • Provide final schematic design drawings and documents, and a written report of the feasibility study process. Thisdocument will become the tool to guide future museum development. and a record for future staff and Town officials to understand the basis by which decisions were made during this process: $1,000 Total projected fees not to exceed. without reimbursable expenses: $8,900 • Projected allowance for reimbursable expenses: $800 Total projected fees not to exceed, with reimbursable expenses: $9,700 please give me a call if you have any questions or need further inforination about the proposed scope of work or associated fees. We look forward to the opportunity to work with the Museum staff a,id your advisory boards on tile Feasibility Study. Thank you for your continued interest and consideration. Sincerely, ALLER•LINGLE ARCHITECTS P.C. 4024«01 David B. Lingle, AIA DBL/inr . BMAO~OMO PUMLISHING Co. RECORD OF PROCEEDINGS Community Development Committee, November 6, 1997 - Page 2 SPECIAL EVENTS Surprise Sale Weekend Critique. Special Events Director Hinze reported that the Seventh Annual....2=a•6~1-12, ' was we ll_~8662;daii-"~01/iTUM77utt-hat inclement weather affected a MM!~MEE-on Sunday. EVRPD Use of Barn W for Inline Skating: Director Hinze noted this is the third year for this activity, the rental time is mid- December 1997 to April 1, 1998, the fees pay utility costs, and there has been no damage to the building from this use. The Committee recommends approval of the Agreement with the Estes Valley Recreation and Park District for the use of Barn W for Inline Skating. erican Hiking Association: Director Hinze reported that the Am ican Hiking Association will hold a two-day snowshoeing even Febr ry 21-22, 1998, at Stanley Park, in conjunction with Roc Mounta' National Park. During this event, volunteers will ad hikes in he Park, winter safety instruction will be presente and four major nowshoeing manufacturers will be on hand to demo trate equipment w ch will be available to the public. Lions Club: B Merwitzer, current President of the ons Club, reported volunte s provided 1,200 hours of service e past year at the concession tand, and added that the Lions lub provided $2,000+ in sales ta and donated $1,200 to Salud edical,Clinic, $2,000 for a college s olarship, $300 to the Yo Center, $250 to scouting, $1,000 to th Holiday House, and $ 0 for eye/hearing exams. Trustee Marshal commended the ' ns Club for their community service. Mr. Me itzer presente the Town with a check for $9,995.00, and expressed he followi concerns: 1. More information regarding a ivitie at Stanley Park, including performance and fee schedules, eds o be generated to attract more visitors to the Fairgrounds. As m activities at the Fairgrounds are free, this needs to be stressed in ochures, on the Hwy. 34/36 banner, and on the Stanley Park sign. 2. The flooring and the swamp oolers the concession stand need replacement. 3. A minimum seven-day advan notice is reques d if the concession stand is required to be opened or any additional ev t. 4. Although the contrac states that the concessio stand is to be open during all activitie , the Lions Club would like th option to close when individual group s edules do not require the conce ion stand services. 5. A roll-up awning s requested to provide shade for the i.nic table area. 6. The lease sho d not require the Lions Club to be responsi le for exterior maintenance the building, 7. During t Wool Market, the Lions Club should only be charge flat rent fee (as ther vendors) rather than percent of sales. Administ tor Klaphake suggested a meeting be scheduled with ions Club re esentatives and the Town to discuss concerns and r iew the 1 se. Th e being no further business, Chairman Doylen adjourned th ting at 8:47 a.m. 1-Le_ )<u-£2 Tina Kuehl, Deputy Tcwn Clerk . AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by and between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as ("Town") and the ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to as ("The District") . WITNESSETH: 1. Town shall provide to the District approximately one-half of Barn W located at Stanley Park for the purpose of in-line hockey games for the District. The use of Barn W shall be from approximately mid December, 1997 through April of 1998. The frequency of use shall be two (2) to three (3) times per week. The District shall pay to the Town Ten and 00/100 Dollars ($10.00) per use for Barn W. Said sum shall be payable upon receipt by the District of an invoice from the Town. 2. The District agrees to provide a floor to ceiling net around the playing area to prevent damage by flying pucks to walls and other property located in Barn W including, but not limited to, the RV storage in Barn W. This net will be placed by the District prior to the beginning of any use of Barn W for in-line skating and removed at the end of the District's use of Barn W. The District will be solely responsible for the operation of the in-line skating program. Said responsibility shall include, but not be limited to, direct supervision at all times by the District of the program, supervision over parking, participants and spectators, security for all property located in Barn W during the use of Barn W by the District and safety for all participants and spectators in the in-line skating program. 3. The Town shall provide lights in Barn W for the program. 4. The Town will not provide snowplowing from the general parking area to Barn W. However, the District may plow that area in its discretion. 5. The Town shall have the overall authority, control and supervision of Stanley Park, except for the in-line skating program, as hereinabove provided, which shall be-under the sole supervision, control and responsibility of the District. 6. District shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000.00) for each occurrence and One Million and 00/100 Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual employee's acts, contractual and independent contractors). The Town shall be named as an additional insured on this policy. , District shall furnish certificates evidencing the above insurance requirements including the addition of the Town as an additional insured on the policy at least thirty (30) days prior to the beginning of the in-line skating program. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 dollars ($150,000.00) per person and Six Hundred Thousand and 00/100 Dollars ($600,000.00) per occurrence or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. District understands and agrees that they are an independent contractor under the terms and conditions of this Agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, the District understands and agrees that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. District also understands and agrees that they are responsible for Workmen's Compensation coverage and taxes for themselves and any employee. 7. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: Town of Estes Park % Linda Hinze PO Box 1967 Estes Park, CO 80517 Estes Valley Recreation and Park District % Stan Gengler PO Box 1379 Estes Park, CO 80517 8. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within ten (10) day period, then the non- defaulting party shall be as a result of said default, including an action of specific performance. Said damages shall include all reasonable attorneys' fees and court costs incurred by the non- defaulting party. . 9. District agrees to include the Town on all releases or waiver of liability obtained by District from all in-line skaters, with the Town to be released in the same manner as District. District agrees to furnish to the Town a copy of the waiver or release form which the District intends to use for said purpose. 10. District agrees that Town should not be liable for any injuries, sickness or damage to any of the in-line skaters, or personal property, resulting from the negligent acts and omissions of the District and its employees/agents and to the extent permitted by law, District agrees to indemnify and to hold Town harmless therefrom and from any such third-party claims for loss, damage, sickness or injury caused or alleged to have been caused directly or indirectly by District, its employees or agents, and arising from the in-line skating program. 11. This Agreement represents the entire agreement between the parties and shall not be amended by either of the parties hereto with without written consent of the other party. 12. This Agreement shall be binding upon and inure to the benefit of this parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk ESTES VALLEY PARK AND RECREATION DISTRI~ BY: Al,o-nv t* »77 ATTEST: -n - U . OFFICE OF THE MAYOR £1[6 Date: November 5, 1997 To: Board of Trustees From: Robert L. Dekker, Mayor Re: Joint Planning Commission Appointments County Commissioners and I met to review all applications submitted for the Estes Valley Joint Planning Commission. I am submitting the following for appointment from the Town of Estes Park: Cherie Pettyjohn, 513 Grand Estates Dr., term expires 12/31/98 Edward B. Pohl, 451 Prospector Ln., term expires 12/31/2000 Al Sager, 911 S. St. Vrain Ave., term expires 12/31/2000 Larimer County Commissioners will be announcing their appointments at their board meeting. . RESOLUTION NO. WHEREAS, the Town of Estes Park is the owner of the Hondius Cascade Pipeline; and WHEREAS, the water right for the Hondius Cascade Pipeline was decreed on November 14,1939, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, in 1982, the Lawn Lake Flood damaged the Hondius Cascade Pipeline and the Hydro Plant located at the eastern terminus of the pipeline and the hydropower water right has not been exercised since that time; and WHEREAS, on July 28, 1997 the Town of Estes Park, the Platte River Power Authority, the United States of America acting by and through the National Park Service, and the Bureau of Reclamation, entered into a Memorandum of Understanding regarding the use and operation of the Fall River Hydro Plant; and WHEREAS, in the MOU the Town agrees to abandon its Hydro Power water right for the Hondius Cascade Pipeline; and WHEREAS, the Town owns additional water rights on Fall River, those being the Estes Park Cascade Diversion and the Estes Park Cascade Diversion Enlargement adjudicated on March 23, 1993 which are not affected by the MOU, nor this Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town ofEstes Park, Colorado: 1. The Town of Estes Park hereby permanently abandons and relinquishes any right, title and interest it may have to the hydro power water right being Power Priority No. 1 as ofNovember 10,1908 and Power Priority No. 3 as of June 30, 1919 for the Hondius Cascade Pipeline as more fully set forth on Exhibit A attached hereto and incorporated herein by reference. 2. This abandonment and relinquishment of the hydro power water right does not affect in any manner, the Town of Estes Park's adjudicated water right for the Estes Park Cascade Diversion for l.55 CFS with the appropriation date ofDecember 31, 1959 and an adjudication date ofMarch 23, 1993 and I .A the Estes Park Cascade Diversion Enlargement in the amount of 3.45 CFS with an appropriation date of March 31, 1985 and adjudication date of March 23, 1993. 3. The Town of Estes Park shall transmit a copy of this Resolution to the Water Division I office of the State Engineer for placement of the hydro power water right on the State's abandonment list. Mayor Town Clerk . RESOLUTION WHEREAS, a complaint by the Estes Park Police Department was presented to the Board of Trustees of the Town of Estes Park on Tuesday, November 12, 1997 charging the American Legion Club, Inc., Club License No. 03-01371-0000 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause to believe that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board feels it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violations presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing should be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place on Tuesday, November 25, 1997 at 7:30 P.M. in the Board Room of the Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: American Legion Club, Inc. 850 N. Saint Vrain Avenue P. 0. Box 127 Estes Park, Colorado 80517 INTRODUCED, READ AND PASSED THIS DAY OF , 1997. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk . INTEROFFICE MEMORANDUM TO: Honorable Mayor Dekker Board of Trustees FROM: Chief Randy Repola DATE: November 6, 1997 RE: American Legion Liquor Code Violation On October 18, 1997, Estes Park Police Officers were dispatched to a disturbance (fight) at the American Legion (850 North Saint Vrain, Estes Park). Upon further investigation, the officers learned that there had been multiple fights during the evening in the Legion. This conduct is a violation of Colorado Revised Statutes, 12-47-903(1) (a), regarding the conduct of the establishment, on the part Of the licensees and their agents/employees. Said statute requires that the licensed premise be conducted in a "decent, orderly and respectable manner." . Memorandum Date: November 5, 1997 To: Honorable Mayor Dekker Board of Trustees From: Vickie O 'Connor, Town Clerk Re: American Legion Liquor License During the standard liquor license renewal process, I became aware that the Legion's Corporate Officers were changed. By failing to notify the Town and filing "Change or Corporate Structure" documents within thirty days after the change, the American Legion Club, Inc. violated Section 12-47-301(7) of the Colorado Liquor and Beer Codes. ORDINANCE NO. AN ORDINANCE AUTHORIZING A LEASE/OPTION TO PURCHASE AGREEMENT WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined that it is in the best interests of the Town to enter into a Lease/Option to Purchase Agreement as the same as more fully set forth on Exhibit A attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Lease/Option to Purchase Agreement effective November 13, 1998, between the Town of Estes Park, and Stanley View Ltd., as more fully set forth on Exhibit A attached hereto and incorporated herein by reference, is hereby approved. Section 2: The Mayor and the Town Clerk are hereby authorized to execute the Lease Agreement. Section 3: 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 LEASE/OPTION TO PURCHASE AGREEMENT Effective November 13, 1998, the Town of Estes Park, (the "Town"), a body corporate and politic of the State of Colorado, Post Office 1200, Estes Park, Colorado 80517, and the Stanley View Ltd., a Colorado corporation, ("Owner"), have entered into this Agreement regarding the following described real estate situate in the Town of Estes Park, Colorado, to wit: Lot 4, Stanley Historic District, Town of Estes Park County of Larimer, State of Colorado comprising approximately 6.88 acres on Steamer Parkway, Estes Park, Colorado, and known as Parcel 4, Stanley Historic District, ("Parcel 4"), together with all improvements thereon and appurtenances thereto owned by Owner, upon the terms and conditions herein. 1. Lease. Subject to and upon the terms, provisions and conditions hereinafter set forth, and in consideration of the duties, covenants and obligations hereunder, Owner does hereby lease, demise and let unto the Town and the Town does hereby lease from Owner Parcel 4. 2. Term. This Lease shall begin on November 13,1997, and shall terminate on December 31, 1998. The Lease may be renewed solely at the option ofthe Town by making the February 1, 1998, April 14, 1998, and July 1, 1998 payments; and thereafter for nine (9) consecutive, twelve (12) month terms by notice to Owner on or before Decemberlst ofeachyear. The Leaseis subject to annualappropriations of the lease payments by the Town (see Section 4 below). 3. Lease Payments. Upon the effective date ofthis Agreement, the Town shall pay the sum of $2,500.00 to Owner as initial payment ofthe Lease. The subsequent Lease payments shall be as set forth on Exhibit A attached hereto and incorporated herein by reference. Alllease payments are due and payable on or before the 15th day of April, July, October, and January 1 of each year or as previously specified, subject to Sections 2 and 4 of this Agreement. The Town may not prepay any lease payment prior to its due date. . 5 4. Conditions of Lease Payments. The Town is not obligated by the Lease to make any payments in any fiscal year beyond the fiscal year for which funds are appropriated for the payment thereof or to make payments from any funds of the Town other than funds appropriated for the payment of current expenditures. All payment obligations of the Town under the Lease are from year to year only and do not constitute a multiple-fiscal year direct or indirect debt or other financial obligation ofthe Town. The Lease is subject to annual renewal at the option of the Town and will be terminated upon the occurrence of an event of nonappropriation. In such event, all further payments from the Town under the Lease will terminate, the Lease shall terminate, this Agreement will be null and void and the parties shall be released from all provisions of this Agreement. The Town and Owner acknowledge and agree that the lease payments hereunder shall constitute current expenditures of the Town payable in the fiscal years for which funds are appropriated for the payment thereof. The Town' s obligations under this Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the Town, or an obligation of the Town payable in any fiscal year beyond the fiscal year for which funds are appropriated for the payment thereof, or payable from any funds of the Town other than·~funds appropriated for the payment of current expenditures. The Town shall not be required or obligated to exercise its option to purchase Parcel 4, as provided in Section 9 of this Agreement below. No provisions of this Agreement shall be construed to pledge or to create a lien on any class or source of Town monies, assets or properties. 5. Use. During the term of this Lease, the Parcel 4 shall be used and occupied by the Town and/or its successors, transferees, assigns or representatives as a municipal center, and/or any other use permitted by the Development Agreement dated January 17,1994 between the Town and FHK Company. Prior to July 1, 1998, Parcel 4 shall be kept in its natural condition. In the design phase of any facilities by the Town, the Town shall review the design with the Stanley View's Homeowners Association prior to finalization of the design. 6. Ouiet Eniovment. The Town shall and may peacefully have, hold and enjoy Parcel 4, subject to other terms hereof, provided that the Town pays the payments herein recited and performs all o f the covenants and agreements herein contained. 7 , 7. Title Insurance - Survey - Access - Update of Insurance. To assure the Town of good and merchantable fee simple title to Parcel 4 for purposes of this Agreement, and to insure the Town's leasehold interest in the Property, the Owner shall, on or before November 13, 1997, obtain a commitment for title insurance policy in an amount equal to $807,217.00, to be issued by a title insurance company approved by the Town. The Owner shall pay for the title insurance policy for the said amount, which policy shall be issued on or before July 1, 1998, insuring the Town's leasehold interest in the Property. In the event the Town exercises its option to purchase as provided in paragraph 9 hereafter, the Owner shall at closing of said purchase, provide the Town with a title insurance policy insuring good and merchantable fee simple title to the Property free and clear of allliens and encumbrances. In the event the commitment for title insurance indicates that the Owner does not have good and merchantable fee simple title to Parcel 4, as determined solely by the Town; or indicates outstanding liens against or emcumbrances upon Parcel 4, restrictions upon Parcel 4 or restrictions regarding use thereof, or in the event said commitment or other investigation indicates rights of parties in possession other than Owner; then the Town may, at its option, void this Agreement; satisfy such liens, restrictions or encumbrances; or acquire the right to possession to its reasonable satisfaction, to effect good and merchantable title, and deduct from the amount to be paid to Owner the amount of any consideration paid on the account thereof. If required, as determided by the Town, the date of commencement of the initial term of the Lease, which is November 13,1997 shall be extended to accommodate clearance ofthe title to the reasonable satisfaction ofthe Town. Prior to the effective date of the Lease, the Town may obtain a survey of Parcel 4 or an improvement location certificate at the Town's cost. Owner shall afford the Town or its representative access to Parcel 4 to obtain said survey or certificate. The Town shall also have access to Parcel 4 for any other inspection or purpose related to this Agreement. 8. Matters Not shown by the Public Records. Owner shall deliver to the Town before November 13, 1997, true copies of alllease(s) and survey(s) in Owner's possession pertaining to Parcel 4 and shall disclose to the Town all easements, liens or other title matters not shown by the public records (such as, by illustration, an unrecorded easement, unrecorded lease, or boundary line discrepancy). 9. Option to Purchase. The Town shall have a sole and exclusive option to purchase Parcel 4 at the conclusion of this Lease Agreement. The purchase price shall be $807,127. The principal portions ofthe Lease payments from July 1,1998, 3 made by the Town under this Agreement, shall be credited to the purchase price upon exercise ofthe option to purchase by the Town. A. The option to purchase shall be exercised by written notice from the Town to Owner on or before June 1,2007. Upon such notice, the title insurance policy provided for in Section 7 above, shall be updated to the date of closing. All provisions of Section 7 regarding good and merchantable fee simple title to Parcel 4 for the benefit of the Town shall apply to the purchase and closing of Parcel 4. B. Owner shall execute and deliver to Town at closing a general warranty deed sufficient to convey good and merchantable fee simple title to Parcel 4, free and clear of liens, encumbrances and taxes. C. Subject to Section 7, closing shall take place within a reasonable length of time, as determined by the Town, following notice ofthe option to purchase. The Town and Owner shall pay their customary costs at closing. 10. Taxes. Based upon the provisions of Section 39-3-124 C.R.S., it is understood and agreed that upon the effective date of this Lease Agreement, no personal property or ad valorem property taxes are to be assessed or paid upon Parcel 4. Therefore, Owner shall pay all personal property taxes and ad valorem assessments and taxes due to the effective date of this Agreement and all preceding years, if any. In the event there are real property taxes due and payable following the effective date of this Agreement, the Town shall be responsible for said taxes so long as this Agreement is in full force and effect. 11. Representations and Warranties of Owner. Owner represents and warrants the following to the Town, as ofthe date ofthis Agreement.: A. To Owner's actual knowledge (I) no leak, discharge of other contamination of Parcel 4 by a Hazardous Substance (defined below) has occurred during Owner's ownership of Parcel 4 or during any previous ownership; (ii) Parcel 4 is free ofunderground storage tanks as defined by Section 8-20-501(11), C.R.S., as amended, or any successor or applicable statute; and (iii) any handling, transportation, storage, treatment or usage of Hazardous Substance that has occurred on Parcel 4 has been in compliance with all applicable federal, state, and local laws, regulations and ordinances. "Hazardous Substance" shall mean any hazardous or toxic substances or materials as defined by the Federal Comprehensive Environmental Response Compensation 4 . and Liability Act, 42 U.S.C. Section 9601, et. seq., the regulations promulgated from time to time thereunder, environmental laws administered by the Environmental Protection Agency and laws ofthe State of Colorado or any other governmental authority. B. Owner has not received any notice of, and had no other knowledge or information of any action, suit, proceeding, or claim affecting Parcel 4 or any portion thereof, pending or threatened in any court or by or before any federal, state, county or municipal department, commission, board, bureau, agency or other governmental instrumentality. C. To the actual knowledge of Owner, Parcel 4 is free and clear of all mechanic's liens, and no work has been performed or is in process on Parcel 4, and no materials have been furnished to Parcel 4 or any portion therefore which might result in mechanic's, materialmen's or any other liens against Parcel 4 or any portion thereof. D. As ofNovember 13, 1997, Owner shall be the sole owner of good and marketable fee simple title to Parcel 4 and Parcel 4 shall be free and clear of all liens, claims, encumbrances and claims of third parties, unless consented to by the Town in writing. E. During the term of this Agreement, Owner shall not, nor shall it allow, effect or permit any transaction which may effect the quiet enjoyment of Parcel 4 by the Town or which does or may adversely affect good and marketable fee simple title to Parcel 4. F. During the term of this Agreement, Owner shall not pledge, mortgage, sell lease, transfer, exchange or convey any interest of any nature whatsoever in Parcel 4 to any other party except by written approval of the Town, which approval shall not be unreasonably withheld if such assignment is required of Owner by lending requirements or other business requirements. Assignment of this Agreement by Owner shall be subject to ninety (90) days notice thereof to the Town and such assignment shall be further subject to the terms and provisions of this Agreement. G. The persons executing this Agreement have full power and authority to execute this Agreement and bind Owner in their representative capacity. 5 . 12. Indemnification and Hold Harmless. The parties shall hold each other harmless from any liability, obligation, costs or judgment incurred by one party, related to this Agreement resulting from any negligent act of the other party. The parties shall also indemnify each other from all such liabilities, obligations, costs or judgments, including attorney's fees related thereto. 13. Representations and Warranties ofthe Town. During the lease of Parcel 4 the Town represents and warrants to Owner that the Town: A. Shall use Parcel 4 only as a municipal center, parking area, and/or any other use permitted by the Development Agreement dated January 17, 1994 between the Town and FHK Company. B. Shall not engage in, allow, effect or permit any use or transaction which may adversely affect Owner' s good and merchantable fee simple title to Parcel 4. The Town may, with prior written consent of Owner, encumber its leasehold interest in the Property. C. Shall not assign this Agreement without the written consent of Owner, except that the Town may assign this Agreement to EPURA without the prior consent of Owner, provided the Town give Owner 90 days prior written notice. The Town may sublease the Property or any facilities thereon, or any portion thereofto any third party without the prior consent of Owner so long as the Town remains fully liable for all terms and conditions of this Lease, including alllease payments payable herein, insurance requirements and use restrictions. A default of any terms and conditions of this Lease by any sublessee of the Town shall be a default of the Town. In the event this Lease is terminated by default ofthe Town, all possessory interest of any sublessee ofthe Property shall immediately terminate. 14. Possession. Possession of Parcel 4 shall be delivered to the Town on December 13, 1997. 15. Time of Essence. Time is of the essence, and all terms, conditions and covenants shall be tendered or performed as specific herein. 16. Further Acts. Each party agrees to perform or cause to be performed on or after the lease possession date and the closing date such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. 6 . 17. Abandonment of Municipal Facilities. In the event the Town defaults under this Agreement and/or fails to exercise its option to purchase Parcel 4, upon termination ofthe Town's possession rights ofParcel 4, the Town shall surrender any rights it has to all facilities it has constructed on Parcel 4. 18. Default. In the event a party is in default of any provision of this Agreement, the non-defaulting party shall give the defaulting party 30 days notice in writing specifying said default. If said default is not cured within said 30 day period, the non defaulting party shall be entitled to declare this Agreement in default and may initiate litigation to remedy the default including an action for specific performance and/or damages. The non defaulting party shall be entitled to all reasonable attorney's fees, expert witness fees and court costs incurred by the non defaulting party by reason of said default. 19. Covenants Survive Closing. The terms and conditions of this Agreement shall not merge and shall extend beyond the time of lease, possession, conveyance and closing ofParcel 4. 20. Notices. Notices may be affected to either party by mailing, by certified mail, return receipt requested, to each party at the addresses provided below: The Town: The Town of Estes Park Owner: Stanley View Ltd. Attn: Mr. Gary Klaphake c/o Mr. W. B. Findley Town Administrator 224 W. 4th Street P.O. Box 1200 Keene, TX 76059 170 MeGregor Avenue Estes Park, CO 80517 21. General Provisions. A. This Agreement shall be governed by the laws ofthe State of Colorado. Venue of any litigation regarding this Agreement shall be in Larimer County, Colorado. B. This Agreement shall be recorded by the Town at its expense. C. This Agreement may be executed in counterparts by facsimile signatures. 7 . . 22. Tax Exempt Status. It is the opinion of the Town that all interest as set forth in this Agreement is exempt from state and federal income tax (double-tax exempt). The Town shall provide an IRS 8083G Tax Exempt Form to Owner for each year in which payment has been made pursuant to this Agreement. 23. Liability Insurance. During the Lease Term, the Town or the assignee or sublessee thereof shall, at its own expense, cause public liability insurance to be carried and maintained with respect to the activities to be undertaken in connection with the use ofthe Property, in an amount not less than $1,000,000. Any such insurance policy shall be endorsed to include the Owner as an additional insured, and shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interests of any insured party without first giving written notice thereof to such party or parties at least 30 days in advance of each cancellation or modification. The public liability insurance required by the section may be by blanket insurance policy or policies including policies written through a municipal self-insurance pool. If the Town shall insure against similar risks by self-insurance, the Town may provide for public liability with respect to the Property, partially or wholly, by means of an adequate self-insurance fund. The Owner and the Town understand and agree that the Town is relying on, and does not waive or intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq. C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. STANLEY VIEW LTD. THE TOWN OF ESTES PARK By: By: Robert L. Dekker, Mayor ATTEST: By: Vickie O'Connor, Town Clerk 8 - STATE OF COLORADO) ) SS. COUNTY OF LARIMER) The foregoing Lease/Option to Purchase Agreement was acknowledged before me this day ofNovember, 1997, by for Owner. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public STATE OF COLORADO) ) SS. COUNTY OF LARIMER) The foregoing Lease/Option to Purchase Agreement was acknowledged before me this day ofNovember, 1997, by Robert L. Dekker and by Vickie O'Connor for the Town. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 9 Nov-12-97 02:48P Town of Estes park 970 586 2816 P.02 . EXHIBIT "A" TOWN OF ESTES PARK LEASE PURCHASE PAYMENT SCHEDULE ASSUME 6% INTERST Total Date Payment Principal Interest Balance November 13,1997 2,500.00 807,127.00 Februaryl, 1998 2,500.00 807,127.00 April 15,1998 2,500.00 807,127.00 July 1,1998 80,712.70 80,712.70 0.00 726,414.30 January 1, 1998 41,970.61 20,178.18 21,792.43 706,236.12 April 1, 1998 30,771.72 20,178.18 10,593,54 686,057.94 July 1, 1999 30,469.05 20,178.18 10,290.87 665,879.76 October 1,1998 30,166.38 20,178.18 9,988.20 645,701.58 January 1, 1999 29,863.70 20,178.18 9,685.52 625,523.40 April 1,1999 29,561.03 20,178.18 9,382.85 605,345.22 July 1, 1999 29,258.36 20,178.18 9,080.18 585,167.04 October 1,1999 28,955.69 20,178.18 8,777.51 564,988.86 January 1,2000 28,653.01 20,178.18 8,474.83 544:810.68 April 1,2000 28,350.34 20,178,18 8,172.16 524,632,50 July 1, 2000 28,047.67 20,178.18 7,869.49 504,454.32 October 1,2000 27,744.99 20,178.18 7,566.81 484,276.14 January 1, 2001 27,442.32 20,178.18 7,264.14 464,097.96 April 1, 2001 27,139.65 20,178.18 6,961.47 443,919.78 July 1, 2001 26,836.98 20,178.18 6,658.80 423,741.60 October 1, 2001 26,534.30 20,178.18 6,356.12 403,563.42 January 1,2002 26,231.63 20,178.18 6,053.45 383,385.24 April 1, 2002 25,928.96 20,178.18 5,750.78 363,207.06 July 1, 2002 25,626.29 20,178.18 5,448.11 343,028.88 October 1,2002 25,323.61 20,178,18 5,145.43 322,850.70 January 1, 2003 25,020.94 20,178.18 4,842.76 302,672.52 April 1,2003 24,718,27 20,178.18 4,540.09 282,494.34 July 1, 2003 24,415.60 20,178.18 4,237.42 262,316.16 October 1, 2003 24,112.92 20,178.18 3,934.74 242,137.98 January 1, 2004 23,810.25 20,178.18 3,632.07 221,959.80 July 1, 2004 23,507.58 20,178.18 3,329.40 201,781.62 October 1,2004 23,204.90 20,178.18 3,026.72 181,603.44 January 1,2005 22,902.23 20,178.18 2,724.05 161,425.26 April 1,2005 22,599.56 20,178.18 2,421.38 141,247.08 July 1, 2005 22,296.89 20,178.18 2,118.71 121,068.90 October 1, 2005 21,994.21 20,178.18 1,816.03 100,890.72 January 1,2006 21,691.54 20,178.18 1,513.36 80,712.54 July 1, 2006 21,388.87 20,178,18 1,210.69 60,534.36 October 1,2006 21,086.20 20,178.18 908.02 40,356.18 January 1,2007 20,783.52 20,178.18 605.34 20,178.00 April 1,2007 20,479.67 20,177.00 302.67 1.00 . April 2,2007 1.00 1.00 0.00 0.00 1,019602.14 807,126.00 212,476.14 Town Hall Lease/11/12/97