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Home My WebLink AboutPACKET Town Board 2003-05-13Prepared 05/08/03 3&4, /AOWN-B>\ The Mission of the Town of Estes Park le to plan and provide reliable, hi0h-value eervicee for our citizene, visitors, anti employees. We take Great pride eneurinG and enhancir10 the quality of life in our community by beine 0ood etewarde of public reeourcee and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 13, 2003 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 22,2003. 2. Bills. 3. Committee Minutes: A. Public Safety, April 23,2003: 1. Colorado Division of Criminal Justice Communications Grant, Town match of $45,950. B. Community Development, May 1,2003: Special Events Dept. 1. Standard Contracts: a. Colorado Arabian Horse Club, July 1-7, 2003 b. Rocky Mountain Team Penning Assn., September 13-14, 2003. c. McW Mgmt. Group/Colorado Hunter-Jumper Assn., 3-yr. Agreement: July 23-August 10, 2003, July 21-August 8, 2004, and July 21-August 8, 2005 - Review/comment by Town Attorney White and Special Events Mgr. Hinze. d. Special Events Policy Manual - Addition of Performance Park Regulations. C. Utilities Committee, May 8,2003: 1. Concrete Pad/Light and Power Storage Building, $10,185.00, High Peak Concrete. 2. 2002 Big Thompson & Baldpate Primary Line Replacement Project - Approval of Change Order, $48,287.00, Hamlin Electric. 4. A. Estes Park Housing Authority, March 12 & April 9, 2003 (acknowledgement only). B. Appointment of Catherine Jensen to the Estes Park Housing Authority, 5-yr. term, expiring April 30,2008. 5. Estes Valley Board of Adjustment, May 6,2003 (acknowledgement only). 6. Estes Valley Planning Commission, April 15,2003 (acknowledgement only). 1 Continued on reverse side M 1~7, RETA l A. PLANNING COMMISSION AGENDA (Approval of): A. ACTION ITEMS: Mayor Baudek: Open the Public Hearing (A). The formal public hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 1. REZONING REQUEST: a. Request to rezone an unplatted parcel of land near Mary's Lake Lodge (Intersection of Kiowa Dr. and Mary's Lake Rd.) from "E" to "A." Bob Koehler/Property Owner, amd Frank Theis/Applicant. 2. ACTION ITEMS: 1. PROCLAMATION: SEASONS OF SERVICE, Town of Estes Park Employee Volunteers. AND RECEPTION: 1ST YEAR ANNIVERSARY OF THE FIRST TOWN BOARD MEETING IN THE REMODELED BOARD ROOM. 2. 2003 BUDGET - RESOLUTION #7-03 APPROPRIATING FUNDS FROM THE FOSH FUND FOR DESIGN OF THE PERFORMING ARTS CENTER. Finance Officer Brandjord. 3. LIQUOR LICENSING: TRANSFER OF OWNERSHIP from HIGH COUNTRY BREWERY, INC. (Ed Grueff) TO HIGH COUNTRY BREWERY, INC. (Eric Bratrud & Tvler Lemirande) dba ESTES PARK BREWERY. BREW PUB LICENSE. 470 PROSPECT VILLAGE DR. 4. TOWN ADMINISTRATOR'S REPORT. 5. ADJOURN NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 Town of Estes Park, Larimer County, Colorado, April 22,2003 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 22nd day of April, 2003. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker commented on negotiations between the Chamber Resort Association (CRA) and Trustees Barker and himself regarding "fulfillment functions." In summary, Trustee Habecker requested no further action be taken pending a discussion between all Trustees to review the entire responsibility/function of CRA and the Town, what the CRA is doing and why; all the while ensuring services continue. Town Administrator Widmer added that nothing in the manner in which fulfillment responsibilities are being accomplished would cause staff to recommend taking action prior to the Town Board Retreat. Consensus of the Board was to put negotiations on hold pending the outcome of the Retreat. Therefore, Mayor Baudek stated this item would be added to the Agenda for the Town Board Retreat scheduled June 4'h. Trustee Barker reminded everyone to continue their thoughts and prayers for the troops deployed in the Middle East. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 8,2003. 2. Bills. 3. Committee Minutes: A. Utilities, April 10,2003: 1. Equipment Purchase (Backhoe, $49,945.00 and Jackhammer attachment, $14,948.00) Board of Trustees - April 22,2003 - Page 2 2. Utilities Policy Manual Revision - Voluntary Conservation Program. 3. Renewable 10-year Lease for 1 ac. ft. of Windy Gap Water for Bureau of Reclamation Property (Marys Lake Campground), and 1- yr. Lease for 1 ac. ft. of Windy Gap Water for Glacier View Subdivision. B. Public Works, April 17,2003: 1. 2003 Street Improvement Program (Portion) - $150,000 for Chip Seal, Slurry Seal, and Striping. 2. Highway 34 Gateway Sign, Construction/Installation, West of Dry Gulch Rd. on North Lake Ave. - $44,000. Trustee Gillette requested Item 3.B.2. be removed from consent agenda for discussion. It was moved and seconded (Doylen/Gillette) the Consent Agenda, excluding Item 3.B.2. be approved, and it passed unanimously. Highway 34 Gateway Sign, Construction/Installation, West of Dry Gulch Rd. on North Lake Ave. - $44,000. Public Works Dir. Linnane reviewed the design and cost estimates for said sign. He is meeting with CDOT on 4/25 to review location of the sign, and he anticipates a favorable response. Photos of the original and final location (east of Olympus Lodge) were displayed. Construction includes a 30-minute parking area, paving, water tap, irrigation, and electricity. The rock will match the existing sign located on Hwy. 36; however, the new sign will not include the Rotary Club logo and will include "Welcome to Estes Park." Trustee Gillette questioned the expenditure of funds due to current budgetary constraints, and Administrator Widmer responded that this project is included in the Community Reinvestment Funds, thus the present state of the economy has no affect on this particular fund. Landscaping will be performed in-house, however, the level of landscaping is yet to be determined. Concluding all discussion, it was moved and seconded (Newsom/Doylen) funding in the amount of $44,000 be approved for the Highway 34 Gateway Sign, and it passed unanimously. l A. PLANNING COMMISSION AGENDA (Approval of): â€¢ FINAL PLAT OF LOTS 1 AND 2, STANLEY HISTORIC DISTRICT, OVERLOOK DEVELOPERS, INC./APPLICANT. Mayor Baudek opened the public hearing, and Community Development Director Joseph presented the staff report, stating that the Town Board approved the final plat for these lots in 2001; however, the plat was never signed and recorded. The current owners are now ready to sign and record the the identical plat; no other changes are included. As there was no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Barker/Habecker) the Final Plat of Lots 1 and 2, Stanley-Historic District be approved, and it passed unanimously. 2. ACTION ITEMS: â€¢ NEW TAVERN LIQUOR LICENSE APPLICATION FILED BY REGALADO, LLC., dba THE 1800 SPORTS BAR, 820 Moraine Ave. (former KFC Restaurant). Mayor Baudek opened the public hearing and Town Clerk O'Connor presented the application, confirming that the Applicant was scheduled to attend required T. I.P.S. Training April 18th. Heather Regalado read the company's Mission Statement, commenting on planned activities; a non-smoking facility, free transportation at designated times to keep patrons safe, providing a fun and safe environment. Hours of operation for the sports bar are 11:00 a.m.-10:00p.m., transitioning into a nightclub atmosphere until approximately 1:00 p.m. Velia Kucharyson added that a Board of Trustees - April 22,2003 - Page 3 sound-containment plan for the ceiling and modification for the entrance doors are underway. Gary Mitchell and Staff/Tiny Town Cottages, presented a letter dated April 22'd, and he addressed noise complaints that have occurred with previous liquor licensees at this location, and miss-placed trash. He has discussed these issues with the Applicants, and they appear willing to resolve stated concerns. Trustee Barker cautioned the Applicant concerning potential adult employee actions/activities while in the presence of underage employees, and adherence to the State Liquor Code, specifically as it relates to the protection against selling to minors. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Newsom/Gillette) the New Tavern Liquor License filed by Regalado, LLC, dba THE 1800 SPORTS BAR, be granted, and it passed unanimously. â€¢ NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY THE INN AT ESTES PARK, 1701 N. LAKE AVE. Mayor Baudek opened the public hearing and Town Clerk O'Connor presented the application, confirming that the Applicant was scheduled for required T. I.P.S. Training April 18th. Applicants Larry Hert and Lili Ciezczak were present and stated that their intent is to provide liquor service for banquet facilities, afternoon social hours, etc., not late-night drinking, and they share the Board's concern with preventing service to minors. There being no persons speaking in opposition, Mayor Baudek closed the public hearing. Trustee Barker cautioned the Applicant concerning adherence to the State Liquor Code, specifically as it relates to the protection against selling to minors. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Gillette/Habecker) the New Hotel & Restaurant Liquor License filed by The Inn at Estes Park be granted, and it passed unanimously. Â· TRANSFER OF OWNERSHIP: FROM: LAB PROPERTIES, INC., dba OLD GASLIGHT PUB, TO: CAVENDER A. ANDREWS, dba CAVANAUGH PUB. 246 MORAINE AVE., HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk O'Connor presented the application, confirming that the Applicant was scheduled for mandatory T.I.P.S. Training April 18*. Responding to various questioned by Trustee Jeffrey-Clark, Mr. Andrews stated that: Andy Andrews will serve as the bookkeeper; the Glacier Grill was not listed under former business as he was employed by his father; a brother (mentioned during the Applicant's previous Manager Registration) will not be involved; a floor manager is under probationary status, and, if successful, the employee will be registered. Trustee Barker commented that the Town Board does take liquor licensing, particularly with prohibiting liquor availability to minor-aged youth, and requested the Applicant assist in this effort. Concluding al testimony, It was moved and seconded (Gillette/Habecker) the Transfer of Ownership to Cavender A. Andrews, dba CAVANAUGH PUB be approved. Trustee Barker stated that for all the reasons stated previously (judgment or lack thereof on behalf of the Applicant), he will not support approval of this application. The motion passed by the following votes: Those voting "Yes" Trustees Gillette, Habecker, Jeffrey-Clark and Newsom. Those voting "No" Trustees Barker and Doylen. Board of Trustees - April 22,2003 - Page 4 2. TOWN ADMINISTRATOR'S REPORT. A. Elected Officials Liability Report. Town Attorney White reported that CIRSA has cancelled their Elected Officials Liability Coverage. However, the Town Board is covered under the Governmental Immunity Act ($500,000). This coverage is available when a Trustee (when acting in their duty as a Trustee) is engaged in an activity that could lead to a claim. Trustees were cautioned to notify the Town of that possibility, and, if served a lawsuit, to notify Town staff within 15 days of service. The Larimer County District Court has dismissed, in its entirety, the lawsuit filed by Larry & Donna Coulson vs. the Estes Valley Board of Adjustment. B. Blizzard of 2003 Report. Public Works Director Linn'ane reported on operations during the snowstorm, and the estimated internal and external costs of approximately $100,000. These costs include vehicle depreciation, fuel, salaries, and contractor fees; howevar, the majority of expenses were in- house. A small portion of the costs are reimbursable through FEMA. Although the cost of vehicle repairs was substantial, the vehicle maintenance account remains within budget. The Trustees commended all crews involved in this snow removal effort. C. Travel Industry Survey. Statistics confirm that 81% of the American public is still planning on traveling, and nearly one-half are making their plans late. D. Thorn Associates Design Services Proposal with EPURA for Estes Park Performina Arts Center/Park Theater/Park Center Mall Remodel. Town Administrator Widmer briefed the Trustees on the Scope of Work for a 500- seat cultural arts theater with backstage rehearsal space, support and shop areas, multi-purpose spaces, lobby and public service area, coordinated into an expanded EPURA Riverwalk Design. Design fees are as follows: â€¢ Performing Arts Theater $41,500 â€¢ Park Theater Renovation 7,000 â€¢ Park Center Mall Remodel 6,000 TOTAL: $54,500 Funding for this proposal is being provided by the Town with funds donated by FOSH. Following discussion, Mayor Baudek requested and received consensus for EPURA to proceed with this contract. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 8:24 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 23,2003 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 23rd day of April, 2003. Committee: Chairman Gillette, Trustees Jeffrey-Clark and Newsom Attending: All Also Attending: Town Administrator Widmer, Police Chief Richardson, Fire Chief Dorman, Police Operations Commander Filsinger, Support Services Manager Bartram, Sgt. Kufeld, Sgt. Rose, Sgt. Pass, Clerk O'Connor Absent None Chairman Gillette called the meeting to order at 4:02 p.m. POLICE DEPARTMENT: Communications Grant - Acceptance. The Dept. submitted an application sponsored by the Colorado Division of Criminal Justice to improve its radio communication system and police reporting systems. The core project component focuses on upgrades for the Department's auto vehicle locate system, six patrol laptop computers, new radio base antenna, and a wireless connection radio base station for Prospect Mountain. Three new computer dispatch terminals and a new records management system/computer-aided dispatch software package through the Larimer County Sheriffs Dept. would be included. The grant was presented to the Byrne Memorial Grant Review Committee and staff has been advised that budget reductions would be required in order to obtain grant funding. The original project cost was $169,600 and the adjusted project costs, due to budget reduction, are $158,200. The federal match is $112,250 and the Town's match is $45,950. In summary, the Town's match has increased from $43,150 to $45,950, and it is budgeted in the Community Reinvestment Fund and Police Communications Account. Following discussion, the Committee recommends accepting the grant in the amount of $158,200 presented by the Colorado Division of Criminal Justice, authorizing a Town match of $45,950 as specified above. Reports: â€¢ Special Enforcement Unit Grant. Sgt. Kufeld reported that the Unit was adopted in 1998 and the Dept. has received an $8,000 grant, all of which is to be utilized in 2003. There are 8 patrol officers and one supervisor, and each member has a specific duty (sniper, coordinator, equipment, etc.). Initially, the Unit focused on drug intervention, however, it is moving toward containment as well for critical instances. A survey to determine officer preparedness was completed, and staff has determined additional is training needed and it will continue. When finalized, this Unit will link with Homeland Security responsibilities. â€¢ Underage Drinking/Alcohol Enforcement Grant. Sgt. Rose reported on a CDOT Grant that will focus on enforcement and education. The 2-yr. grant is RECORD OF PROCEEDINGS Public Safety - April 23,2003 - PaOe 2 for $8,996, and Officer Marciniak is assisting Sgt. Rose on this relatively new program. Discussion followed on instances where the adult population is supporting or enabling underage drinking, drug use, and suggestion that education also include young children. Chief Richardson was directed to obtain a legal opinion on the ability of the Municipal Court Judge to go beyond state statute and mandate identical treatment for underage drinking and drug abuse. â€¢ Recruit Training Changes for Police Officers. Sgt. Pass reported on the history of field training (San Jose Model) and that the Dept. has adopted the new "Reno Model" that focuses on community-oriented policing. Sgt. Pass has successfully completed the training, thus a higher-level of education will be provided for all trainees. The Committee expressed their appreciation for all reports, noting their pride in the Police Department. FIRE DEPARTMENT: No "Action" Items. Reports: â€¢ Quarterly Incident Reports, 1St Quarter. The Committee reviewed the summary incident report that confirmed a total of 94 calls and total estimated loss of $23,000 for the first quarter. Graphs indicated the number of calls by type of call and within/outside Town Limits. The Committee suggested a "total" column be included in the graphs. â€¢ Health of Colorado Forests & Upcoming Wildfire Season. Chief Dorman attended a Larimer County Forum and the Committee received a summary of the program. Regarding the upcoming fire season, neither the County nor Town will hesitate to declare a fire ban when needed, depending on conditions. There being no further business, Chairman Gillette adjourned the meeting at 5:00 p.m. Vickie O'Connor, CMC, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 1, 2003 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 1St day of May, 2003. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: Chairman Doylen, Trustee Habecker Also Attending: Assistant Town Administrator Repola, Advertising Mgr. Marsh, Business Development Director Pickering, Conference Center Marketing Mgr. Larsen, Special Events Mgr. Hinze, Clerk O'Connor Absent Trustee Barker Chairman Doylen called the meeting to order at 8:00 a.m. BUSINESS DEVELOPMENT DEPARTMENTS. REPORTS: Advertising Dept. Mgr. Marsh reviewed the Bi-Monthly Report: â€¢ Requests for Information - as of 3/31/03, requests are down significantly (-36.8%) as compared to 3/31/02 due to the number of ad placements that were moved out of March and into April and May this year. â€¢ E-mailed requests were down an adjusted -4.29%. The adjustment is due to conducting a broadcast e-mail campaign to previous requesters of Vacation Planners during March. This trial witnessed a 17% return and was efficient. â€¢ WATS line calls - down 28.56%. â€¢ Conversion Study 2002 - Highlights of the Executive Summary include 1 57% of respondents who requested information actually visited Estes Park (higher than in past years) k Overall expenditures averaged $940/party (higher than last year) k Average party size is 3.8 persons, up from 3.3 persons last summer > Average number of nights stayed in the Estes Park area was 4.0, up substantially from 2.9 last summer > Overall, 58% said that Estes Park was their primary destination on their trip, up substantially from 36% in the summer of 2001. â€¢ Work in Progress: 4 Ad productions for Fall, Wool Market, and June Series Rodeo 4 Jazz Fest Promotion 4 Crisis Communication Plan (public information system designed to protect corporate image in a critical incident) 4 Start 2004 Media Planning RECORD OF PROCEEDINGS Community Development Committee - May 1, 2003 - Page 2 Conference Center. Conference Services Manager Larsen reported on the following: * Destination Colorado Website, www.destinationcolorado.com. The Conference Center is a member of this official statewide online meeting planner guide that is fast becoming a powerful tool in marketing. The website features "Major Announcements from Colorado", and "Hot Dates"; and a sample announcement was presented entitled "The Estes Park Conference Center and adjoining Holiday Inn - Rocky mountain Park Reveal Redesigned Guest Rooms". Hot Dates are used to enhance lagging bookings during a specific period of time. The membership fee is $600/yr. * Estes Park Film Commission. Criteria for film commissions are established by the State, and staff is working on establishing a resource library. The March snowstorm proved very beneficial for commercials, with ads filmed at MacGregor Ranch (Marlboro Adventure Team), Aspen Lodge (Swiss Cell Phone Co.), and RMNP (Lexus). These commercials generated 95 room nights and "location" fees for the properties. This Commission is funded from PRPA economic development monies and EPIC funds. Pursuant to a request, Mgr. Larsen will provide specific information on the number of categories and subcategories for the resource material. ACTION: Special Events Dept. Mgr. Hinze presented the following standard agreements for approval: 1. Colorado Arabian Horse Club, July 1-7, 2003 2. Rocky Mountain Team Penning Association, September 13-14,2003. Staff has advised Town Attorney White of a potential conflict with this 3-yr. Agreement due to future planning efforts for the fairgrounds facility, thus Attorney White is reviewing the Agreement. Thus, staff is requesting the final Agreement be submitted directly to the Town Board May 13th for consideration/approval. 3. McW Management Group/Colorado Hunter-Jumper Association, 3-yr. Agreement, July 23-August 10, 2003; July 21-August 8, 2004, and July 21-August 8, 2005. The Committee recommends approval of Items 1 and 2, recommending approval of Item 3, contingent upon review by Attorney White, presenting this item directly to the Town Board, May 13th. 4. Special Events Policy Manual - Proposed Revision to Include New Performance Park Regulations. Mgr. Hinze presented a new section entitled "Performance Park Regulations" for insertion in the Policy Manual. Performance Park is intended for community musical and theatrical events, and is not designed for art shows or shows that sell vendor spaces. All current regulations contained in the Park Use Regulations and the Park Use Procedures shall apply to Performance Park. This is the first time a fee is being proposed for the use of a Town park, and a fee schedule was presented for (a) local non-profit, (b) locally- sponsored event, (c) private events, and (d) other events. With stage, lighting and electrical, Performance Park offers a new outdoor theater setting for community use and entertainment. Staff intends to conduct training sessions for local groups (4-5 people). Under "Other Regulations", free-will offerings may be allowed for local, non-profit groups if they obtain a Use Permit from the Special Events Dept. Discussion RECORD OF PROCEEDINGS Community Development Committee - May 1, 2003 - Page 3 followed on the free-will offering theory, damage deposit, and scheduled evening entertainment. The Committee recommends approval of the Performance Park Regulations, with the following amendments: (1) further clarification of the damage deposit, particularly pertaining to "..."discretion" of the Special Events/Parks Departments", (2) consultation with Town Attorney White to determine restrictive parameters for private use requests, and (3) clarification that in order to qualify for local non-profit status, an organization must be recognized as tax exempt under IRS regulations, providing a copy of said documentation. REPORTS. * Sales Kit Presentation. Conference Services Mgr. Larsen presented samples of three new promotional pieces for the Fairgrounds; the packets will be presented to prospective users of the facility. There is no funding for this project, thus all material was prepared in-house. The sales kit provides a professional image of the fairgrounds and will be provided "on-demand." The Committee commended staff on the sales kit. There being no further business, Chairman Doylen adjourned the meeting at 9:28 a.m. Vickie O'Connor, CMC, Town Clerk MEMORANDUM TO: Honorable Mayor Baudek and Board of Trustees FROM: Special Events Department - Linda Hinze DATE: May 1, 2003 SUBJECT: Hunter-Jumper Horse Show/McW Management Group Addendum Background: The Hunter-Jumper Association has requested a three year contract from 2003 to 2005. This Agreement was presented at the May 1, 2003, Community Development Meeting. Staff was directed to consult with Attorney White on providing an amendment to protect the Town and the User if future planning efforts were to alter the fairgrounds facility. The standard show rental agreement, normally a year contract, does not take into consideration any changes in the facility such as fewer stalls, changes in arenas, etc. Attorney White has suggested an Addendum to Agreement to address the rental fees should the facility have any changes which reduces or enhances existing facilities needed by the horse show and which the horse show is accustom to at the Stanley Park Fairgrounds. The Addendum is attached. Costs: N/A Recommendation: Special Events Department and Attorney White recommend approval of the Horse Agreement for 2003,2004, and 2005, with the Addendum. C? ADDENDUM TO AGREEMENT THIS ADDENDUM effective this day of , 2003, by and between THE TOWN OF ESTES PARK, COLORADO ("the Town'D, as party of the first part, and McW Management Group, as party of the second part. WITNESSETH: WHEREAS, the parties entered into an agreement dated March 3,2003, ("the Agreement") for the purpose of the second party holding horse shows at Stanley Park, which is owned by the first party; WHEREAS, the parties desire to amend the Agreement by adding a new section.. NOW THEREFORE, the parties agree as follows: 1. The Agreement dated March 3,2003, by and between the parties shall be amended by the addition of the following paragraph: 24. The rental payment in Paragraph 3 of the Agreement is based upon the availability of all improvements located at Stanley Park available for use by second party as of March 3,2003. First party reserves the right to remove, renovate, and/or repair any of the improvements located at Stanley Park. If first party decides to remove, renovate, and/or repir any improvements at Stanley Park during the term of the Agreement, the parties agree that the following procedures shall be followed: (a.) First party shall give written notice to second party of its plans for the removal, renovation, and/or repair of any improvements at Stanley Park. Said written notice shall contain the specific improvements to be repaired, renovated, and/or removed and shall specify which of said improvements are not available for second party's use during the dates listed in Paragraph 1 of the Agreement. (b.) Said notice shall be given to second party on or before May 1, 2004 or May 1, 2005, which ever year is appropriate. (c.) The rental rate set forth in Paragraph 3 shall be adjusted based upon the amount of improvements not available for use by second party. The parties shall agree upon the appropriate rental rate on or before June 1 0 f the appropriate year. (d.) There shall be no repair, renovation, or removal o f improvements at Stanley Park for the 2003 dates unless repair is necessary to maintain the improvements between March 3,2003, and the dates of second parties use of Stanley Park in 2003. Mag 08 03 04:54p special events 9705863661 P.2 Mau 08 03 06:04p W. Russ Walther 540 347-4305 P.2 May 08 03 11:168 special eventr 9705863661 P.3 All other teims and conditions of che Agreement shall remain in full force and effect. PARTY OF THE FIRST PART: THE TOWN OF ESTES PARK B y: Title: \ ATIEST By: Town Clerk MeW Management Group PARTY OF THE SECOND PART: *lki tryul#*Ea..j Tide: jldf.&22-6-L// MEMORANDUM TO: Honorable Mayor Baudek and Board of Trustees FROM: Special Events Department - Linda Hinze DATE: May 1, 2003 SUBJECT: Performance Park Regulations Amended Background: At the May 1, 2003, Community Development Meeting, staff presented the new Performance Park Regulations for insertion to the Policy Manual. The Committee recommended approval of the regulations with the following amendments: 1. Clarification of the damage deposit - pertaining to "discretion" of the Special EvenUParks Departments. 2. Clarification that non-profit status must be a 501(c)(3). 3. Clarification from Attorney White on restrictive parameters for private use requests. 1 and 2 have been revised in the regulations (revised copy is attached). Attorney White was consulted on 3 - since the park is for public use we cannot set perimeters on who can use it. Costs: I/A Recommendation: Special Events Department recommends approval of the Performance Park Regulations as revised. PERFORMANCE PARK REGULATIONS Performance Park built in 2003 is intended for community musical and theatrical events. It is not designed for art shows or shows which sell vendor spaces. All regulations listed in the "Park Use Regulations" and the "Park Use Procedures" shall apply to Performance Park concerning - park use forms, boundaries, sound level control, signs, trash/litter, literature distribution, damages, sales & licenses, irrigation, traffic control requests, and insurance requirements. Permit Applicant Requirements: Fees*: 1. Local Non-Profit A. There is no user fee B. $20.00 per hour for Park Attendant** C. $100.00 deposit for damage and trash/litter not collected and disposed of properly. * 2. Locally Sponsored Event A. Free event - There is no user fee B. Ticketed event - Use fee to be negotiated C. $20.00 per hour for Park Attendant** D. $100.00 deposit for damage and trash/litter not collected and disposed of properly. * 3. Private Events A. 0 - 100 people: $100 for 1 St hour plus $50 per hour thereafter 101 - 200 people: $2001*hour plus $50 per hour thereafter B. $20.00 per hour for Park Attendant** C. $100.00 deposit for damage and trash/litter not collected and disposed of properly. * 3. Other Events Special Use requests will be considered by the Special Events Department with negotiable user fees. * All fees and the damage/trash deposit are due and payable two weeks prior to the event. The deposit is refundable when the park is left in the condition it was found. The Town of Estes Park shall retain any costs for repair of damage or trash pickup. ** Park Attendant is required for any event using electricity, sound, dressing rooms, and/or attendance is over 100. E-5 Other Regulations: 1. Performances and/or use are available from 9:00 a.m. to 10:00 p.m. 2. Tents are not to be raised on grass areas. 3. Banners are to be placed only on designated poles. 4. Rice and/or birdseed may not be scattered on the site. 5. Free-will offerings: a local non-profit group, with a 501(c)(3), who obtains a Use Permit for Performance Park, may request free-will offerings be allowed. The Special Events Department will process the request Town of Estes Park to Provide: 1. Posting of event reservation. 2. Park Attendant (refer to fees above): A. Control electricity B. Monitor sound C. Open and lock dressing rooms D. Trouble shoot any park problems, i.e. irrigation, etc. E-6 RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 8,2003 Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 8th day of May, 2003. Committee: Chairman Jeffrey-Clark, Trustees Gillette and Newsom Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Sum. Goehring, Sr. Elec. Engr. Matzke, Line Supt. Steichen, Ass't. to the Elec. Engr. Mangelsen, Crew Chief McDougall, Finance Officer Brandjord, Clerk O'Connor Absent: None Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT & POWER DEPARTMENT. Light and Power Storage Building - Request approval to construct concrete pad for transformer inventory. Transformers are currently stored on the south edge of the storage building site, between the building and the storage yard; the excess weight is taking a toll on the asphalt surface. Staff is proposing to relocate the transformers to undisturbed soil, placing the inventory on a 30x60' concrete pad (50-75 transformers). Bids were solicited as follows: Mountain Concrete $10,730 High Peak Concrete $ 9,985 The budget contains $11,000 to repave the parking lot; however, staff is requesting funds be diverted for construction of this pad. The Committee recommends acceptance of the bid in the amount of $9,985 plus $200 for a 2003 Business License submitted by High Peak Concrete. Repaving of the lot will be budgeted in 2004-2005. 2002 Big Thompson/Baldpate Primary Line Replacernent Project - Request approval of Change Order Request #2. Staff is requesting to increase the final contract amount for this Project due to Changer Order #2 for: 1. Additional National Electric Safety Code requirements. 2. Additional wire removal quantities not shown on the plan. 3. Existing field conditions, design retrofitting. 4. Requests by land owners where the project is situated. The accountability and expectations of the design firm, ESC, was discussed. Change Order #1 was approved in 2003, however, adequate 2002 funds were not encumbered. The following table summarizes the costs to be paid out of this 2003 budget: ITEM PROJECT COSTS 2002 FUNDS 2003 FUNDS Original Bid $758,935 $746 0 2002 Approved C. O. #1 $20,385 $2,051 $18,334 Currently Requested - C. O. #2 $48,287 0 $48,287 $66,621 Staff will cancel capital projects necessary for the $66,621 expenditure, and staff is recommending the MacGregor Ranch UG Project (co-pay between the Ranch and Town) be eliminated from this year's capital projects. Staff will contact the Ranch and verify that cancellation is acceptable to them. RECORD OF PROCEEDINGS Utilities Committee - May 8,2003 - Page 2 The Committee recommends approval of Change Order #2 for $48,287 and the $66,621 expenditure from 2003 funds to cover this change order and the 2002 associated expenses. WATER DEPARTMENT. No action items. REPORTS. Light and Power Department: â€¢ Financial Report. The Committee reviewed the Financial Report and associated graphs for April, Year-to-Date. and' Total Budget vs. Actual Year-to-Date. Expenses are tracking well and capital expenses are down from 2002. â€¢ Personnel. Line Supt. Steichen introduced John McDougall who was recently named Crew Chief. A selection team consisting of Steichen, Goehring, Mangelsen, Riche, and Mahany unanimously made this decision. â€¢ Channel 39 Update. As previously approved, a decision on this RFP was delayed for 30 days to facilitate review by Charter's Corporate Office. Staff is scheduled to meet with Charter on May 13th. â€¢ Future Stanley Heights Easement Vacation Request Update. Mr. and Mrs. . George Gibbs are expected to attend the Committee meeting June 12th to express their opposition to an easement vacation request by an adjacent property owner. The Cominittee suggested Line Supt. Steichen discuss similar projects of this nature with former Light and Power employees for additional background information. â€¢ Christmas Decorations/Lights Project Update. RFPs have been solicited for the Annual Christmas Decoration Project. Bids are due May 7th. Of note are the following items: pursuant to the Knoll-Willows Master Plan recommendation, the Santa Claus Display traditionally mounted on the Knoll-Willows site will not be installed at that site; the Christ Figure Display, traditionally mounted on Davis Hill, will not be installed in 2003 due to its deteridrated condition and associated safety concerns; and the Wise Men Display, traditionally installed on the hillside across the river from Barlow Plaza, also will not be installed due to similar concerns. A Christmas Decoration Team concept is being proposed to determine the fate of the deteriorated displays. Fo'lowing discussion, the Committee recommends approval of the Team concept, delaying installation of the two deteriorating displays for 2003, and installing the Santa Display on the Chamber Building site. â€¢ 3Com Corporation Grant Application. A grant was submitted to improve and extend the Town's network infrastructure by expanding gigabit fiber/copper Ethernet backbone; upgrade reliability and capacity of existing network connections between facilities and departments by conversion from copper to fiber; extend network connections to remove facilities using wireless bridges - all of which would improve flow of information of city services, emergency services, electric and water utilities between departments and ultimately to the citizens of Estes Park. The grant request total is $100,000 and response is expected in May. â€¢ PRPA: k Proposed Rate Increase. Pursuant to a financial forecast and wholesale rate projection, PRPA is proposing a 4.3% rate increase in 2004 and 4.3% in 2005. The rate increase would be passed-on to the Town's electric customers. > Fiber Optic Line Discussion. A future fiber optic line from Estes Park to the Loveland area is in a preliminary discussion stage; substantial costs would most likely be involved. â€¢ Miscellaneous Projects Update: > Advertising for a Lineman 111 position to fill the vacancy created by Line Supt. Steichen's promotion. 1 The Department's portion of the Mary's Lake Pump Project is RECORD OF PROCEEDINGS Utilities Committee - May 8,2003 - Page 3 complete. th > The 4th and 6 Streets/Highway 36 Streetlight Project will be completed by mid-June. 1 The 2003 Decorative Streetlight Replacement Project is underway. The new lights at Performance Park, Confluence Park, and E. Riverside Dr. will be installed by the end of June. The 50+ streetlights scheduled for installation along the west end of W. Elkhorn Ave. will be installed this fall and that section will be complete. > The Riverside Dr. UG Project required a late-night circuit switch on May 2nd The commercial businesses along E. Elkhorn Ave., as well as the entire Town, experienced no power interruptions. The Dept. has completed its portion of this project. > The painting portion of the Hwy. 34/36 Traffic Signal Project has been finished. The project will be completed next week. * A scheduled outage May 8th down the Big Thompson Canyon/Hwy. 34 to the end of our service area will facilitate extending - good job on customer relations. 1 There were no outages related to the 2003 Blizzard, due to the on- going efforts of tree trimming and installation of the annual conductor replacement project. Water Department: â€¢ Financial Report. The Committee reviewed the Financial Report and associated graphs for April, Year-to-Date, and Total Budget vs. Actual Year-to-Date. Revenues from customer-use sales are down approximately 7%; budget target net figures are in line with projections from the Town's current Financial Plan by Black & Veatch. The new rough draft of the Water Financial Plan and Water Rate Study prepared by Black & Veatch has been received. â€¢ Water Rights Update. Staff is projecting a minimum of 305 ac. ft. of unused water rights. An additional 139 ac. ft. will be available when Windy Gap water is pumped which is currently scheduled; thus, Attorney White is actively soliciting companies to determine interest in leasing 200 ac. ft. â€¢ Miscellaneous Projects Update: * The Mary's Lake Pump Project is scheduled for completion by the end of May. 4 Ken Zig:er has retired, and the Dept. is advertising for a Water Plant Operator to fill the vacancy. A Cross Connection Control Specialist position is also being advertised. Town Administrator Widmer praised Public Works Director Linnane on the thoroughness of the Committee packet. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 9:25 a.m. Vickie O'Connor, CMC, Town Clerk Estes Park Housing Authority (EPHA) Board Meeting Date: March 12, 2003 Members Present: Eric Blackhurst, Sue Doylen, Jack Dinsmoor Members Absent: Karla Porter, Lee Kundtz Staff Present: Rita Kurelja, Sam Betters, Rich Ekwall, Sharlet Lee, Frank Lans Others Present: Joe Wise, Kristie Charles, Guests: Wendy Swanhorst The March 12th, 2003 meeting o f the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:35 a.m. in Room 203 ofthe Estes Park Municipal Building. APPROVAL OF MINUTES The Board reviewed the February 12,2003 meeting minutes. Sue Doylen asked if anyone had any comments, questions or changes to the February 128,2003 minutes. None were noted. A vote was called and the motion to approve the February 12,2003 meeting minutes was made by Eric Blackhurst and Seconded by Jack Dinsmoor. Vote was called and Motion passed. MONTHLY FINANCIAL REPORTS - Wendy Swanhorst presented the EPHA audit report for 2002. Wendy gave a report on the audit. As EPHA is in construction phases on developments, more liabilities than assets exist. Ms. Swanshorst was asked if she encountered any problems or saw any concerns and she replied no. She complimented the fiscal staff at HACOL, Sharlet Lee and Carla Conardy, for their excellent job. No discrepancies were found. Eric Blackhurst suggested a copy be forwarded on to Town Board. Sharlet Lee was complimented for her excellent work. Sharlet presented new proposed financial formats. Will have highlights, followed by quarterly consolidated statements. Sharlet agreed to inform the Board if anything significant occurs. Discussion on statements and lines within. All agreed these reports were acceptable. If needed they could be changed in the future. Rita will print one full set monthly. REPORTS Public Relations Committee Jack has one presentation for Town left to do on 4/9 DEVELOPMENT UPDATES Talon's Pointe Apartments- Rick Ekwal reported on Talons Pointe. Have had a few change orders due to Club House redesign. Adding a Fireplace to Club House and washer and dryer to each unit. Project is on schedule. Will deliver 3 buildings June 1 and the other 3 July 1. EPHA Board Meeting Minutes Page 1 Sam will be closing the partnership agreement with John Hancock shortly. Development services agreement will be revised due to change in fee split. Frank Lans has received about 30 applications to date. Will begin qualifying in April. Vista Ridge- Sam Betters read resolution # 26 authorizing him to sign both the infrastructure and construction loans Eric Blackhurst made a motion t6 accept. Jack Dinsmoor seconded. Vote was called for. All voted Aye and the motion to accept resolution # 26 passed. Discussion on creating sub-debt documents as the Town of Estes Park is currently the only guarantor to DOH for 250K. This is a loan for 250,000 until all obligations are met. Eric suggested a note from EPHA back to the partnership. COMMITTEE REPORTS Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Cleave Street - Frank reported that there are 2 tenants ready to move in. That will put Cleave Street at 100% occupancy. Board Vacancy. Lee Kundtz has resigned. His term was just expiring. Will advertise for new members. Jack and Eric will interview. Sam will pursue getting a plague for Lee. Will award this to him publicly. Decision to remove the apostrophe from Talons Pointe. Chairperson Doylen asked if there was any other business. None was noted ADJOURN Motion was made by Eric to adjourn. Seconded by Jack. All voted Aye and motion passed. Meeting was adjourned at 10:25 Respectfully submitted, Rita Kurelja Estes Park Housing Authority Program Manager EPHA Board Meeting Minutes Page 2 . Vickie O'Connor From: Rita Kurelja Sent: Friday, May 09, 2003 10:55 AM To: Vickie O'Connor Subject: Emailing: April 9 2003 not yet approved April 9 2003 not yet approved.... Vickie: These are the April minutes, not yet approved. As the May meeti ng is cancelled, they will not be approved until June. 1 Estes Park Housing Authority (EPHA) Board Meeting Date: April 9,2003 Members Present: Eric Blackhurst, Jack Dinsmoor ,Karla Porter Members Absent: Susan Doylen Staff Present: Rita Kurelja, Sam Betters, Rich Ekwall, Sharlet Lee, Frank Lans Others Present: Joe Wise, Kristie Charles. Guests: The April 9th, 2003 meeting of the Estes Park Housing Authority was called to order by Vice Chair Karla Porter at 8:35 a.m. in Room 203 ofthe Estes Park Municipal Building. APPROVAL OF MINUTES The Board reviewed the March 12, 2003 meeting minutes. Karla Porter asked if anyone had any comments, questions or changes to the March minutes. None were noted. A vote was called and the motion to approve the March 12th, 2003 meeting minutes was made by Eric Blackhurst and Seconded by Jack Dinsmoor. Motion to approve passed. OUARTERLY FINANCIAL REPORTS - Sharlet Lee presented financial reports for the first quarter 2003 Motion to accept financial reports for 1 St quarter 2003 was made by Eric Blackhurst and seconded by Jack Dinsmoor. Vote was called and motion to accept financials passes. Discussion on the EPHA loan to Estes Investors of $100:000. Sam Betters reported that the Board had 3 options: 1. Change the profit split, 2. Treat it as a loan to WF Investors 3. Let it go. Sam said he would take direction from the Board. Vice chair Porter inquired as to procedure. REPORTS Public Relations Committee Jack Dinsmoor completed the last scheduled presentation. Rita made a presentation to the Town Board the previous night. It was well received. DEVELOPMENT UPDATES Talon's Pointe Apartments- Rick Ekwal reported on Talons Pointe. Will have 3 buildings ready on June 1, perhaps May 31St. Sam reported on the changes to the Development Services Agreement due to the change in split. Partnership agreement with John Hancock due to be signed tomorrow. Sam presented RESOLUTION #27- Authorizing Sam to sign Partnership Agreement. Motion to approve was made by Eric Blackhurst, seconded by Jack Dinsmoor. Vote was called for and Motion to approve resolution # 27 was passed. Motion to authorized vice Chair Porter to sign resolution on behalf of chair Doylen was made and seconded. (Blackhurst and Dinsmoor) Vote was called for and motion passed. Vista Ridge EPHA Board Meeting Minutes Page 1 â€¢ Sinnett Builders began on April 71 Building Permits delivered. â€¢ Marketing: Joe will be making a pre announcement on April 18'11. Press Conference on the 21 St. Public announcement on the 25th of April. Joe will call all on his list on the 21St and direct them to Rita for Income Qualification They will then be able to write a contract to purchase on the 25th. â€¢ FHLB- Application for 155K had been submitted for funding. Will hear on June 20'h. COMMITTEE REPORTS Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Cleave Street -At 100% occupancy Rich reported on problems caused by snow/blizzard. Roof damage. Estimates in the $700 range. Board Vacancy. Rita has had some interest. Jack and Eric will interview week of April 2lst, Sam will pursue getting a plague for Lee. Will award this to him publicly. ADJOURN Motion was made by Eric to adjourn. Seconded by Jack. All voted Aye and motion passed. Meeting was adjourned at 10:10am Respectfully submitted, Rita Kurelja Estes Park Housing Authority Program Manager EPHA Board Meeting Minutes Page 2 Estes Park Housing Authority --*Sm#41*Mi~/*ia/*DW&*4,#13ZMAE>~h__ May 7,2003 Honorable Mayor John Baudek Town of Estes Park. P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Baudek: It is with great pleasure that the Board o f Commissioners for the Estes Park Housing Authority recommends Catherine, CJ Jensen to fill the vacant commissioner position. Ifapproved by the Board ofTrustees, Catherine will serve a five-year term until April 30, 2008. We respectfully request the Board ofTrustees accept our recommendation. The EPHA commissioners are excited about Catherine's pending appointment and are confident that her commitment to our board and to affordable housing will both compliment and mirror that ofthe Trustees. CJ brings a passion and energy to our board and we are anxious to have this recommendation approved. Should you have any questions or concerns, please do not hesitate to call. Sincerely. Rita Kurelja Estes Park Housing Authority Cc: Sue Doylen Eric Blackhurst Jack Dinsmoor Karla Porter Sam Betters EQUALIOUSING OPPORTUNITÂ¥ (970) 577-3800 â€¢ RO. BOX 1200 â€¢ 170 MAC GREGOR AVENUE â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-0249 <5180 APPLICATION FOR ESTES PARK HOUSING AUTHORITY COMMISSIONER Name: ~Al-RE 2-/ 0 6 9-. 36\)9613 'tic-Ir- Street Address: 4/0 6 Cooduyl 6//uâ‚¬ Mailing Address: 2 6. 64 2531 Work Phone: 970 394 Â£13321 9%7-36-5 Home Phone: 970 550 3244 Fax Number: E-mail: 0/Jc-allr cut b 8,0 l 1. Occupational Background A,5 157 M Foob 4 63\1 bi L 8 6{mbA'f f At 4 AkdANEL (40. u.* N (13 /2 c AJ a h 3-42~-r:f DRICE RAd#Gatl 5-reg-A-0.15(65 CJ\670% 5ht-aiS 2. Educational Background MASTERS , A R\I(*0686-4 6.AtTE> ;O Ft?K.gical LA+JOU AGIA 3. How long have you been an Estes Park resident? Al PAA,Mt 1-|*5 6 0 1{ge D 4 et- 9 9#5 1 ANE tes,1 644 1,3 ~,cul 4. Why-519 you desire to serve as a commissioner of the EPHA Board? ..1 ct,K a S-htoMCA 5 U P Pe>trEL Â©f (01.*01- 1 S ey l'n o 7Â·3 03 1+L- 111- knub ujâ‚¬ 41 /+488#44 uj *ke- 233116 valluw a/, 4 cooutd lit<t +0 60617,< bu-*t i ni~ -em Â·r...~ cic,~ -1--D a ff*J(.01- Â·9-k,3r- 1% Ipo ek uk i t. 5. What special skills or background would you bring to the EPHA Board? -I a. vt<q Gict-(d,-f A thuz, OÂ»p0,-AM.U n ti-w bplÂ·k 1 1 204.Ae.4 0 +C (1 40_ ts)* 16 Acts 63'u. i 104. -I ha\k. GEr uâ‚¬.4. nk j (44.*,UV "LOOA#4 *fak CON mi-1-terq alul beafts. 17 0.-Al (ML oraaÂ»(2,613 fÂ«Sok) ; b {ju~w &11%-D (151)4106/6- 03 FLA R &43* /4-r-Xtr. I Agujâ‚¬-494(8Aq lelcim 2Â£-Ab /O Ata)u-nin~ 4/Kek Fe-eple- 6. Are you involved in any activities that might create a conflict of interest? 5/L 69 I No / Yes Ifyes, please explain: 7. Willyou be able to sen'e the complete term of five (5) years ifselected? 61-6Â·% 8. Three personal references (not relatives) who can address your qualifications to serve: Name Address Phone 21-kÂ£ b) /6 motâ‚¬Z bill, Atmo Mb /0/ 5. *56 Â¢Â£8- tAi .686 43 3 1 Juut: Pht-â‚¬3 Ly#bCO 6#An:i,5 4 Ab E 46 58 4 3 9. Employment history (previous 5 years): Employer Phone Date of employment Position -lk 8Â£'uÂ»/ (&Â£1 k]60 5% 1 70 5 /997 - 0,)02' R A-15860 672- 10. Other information or comments you wish to add: I hereby submit my application for the Estes Park Housing Authority Commissibilir position. I understand the EPHA Board or staff will verify information contained herein and may make other inquiries which it deems appropriate in consideration of my application and I consent to such inquires. 4119~03 Signature Date ' 0 The EPHA and Town of Estes Park do not discriminate on the basis of.race, color, religion, sex, national origin, age, or disability in the admission, access, appointment to, or treatment or employment in its programs or activities. Submit application to: Rita Kurelia, Program Estes Park Housing Authority P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 (970) 577-3730 APPLICATION DUE ON OR BEFORE April 18, 2003 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 6,2003,8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Jeff Barker, Members Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Newsom and Sager - Also Attending: Director Joseph, Planner Shirk, Planner Chilcott and Recording Secretary Williamson Absent: Member Lamy Chair Barker called the meeting to order at 8:05 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA a. The minutes of the April 1,2003 meeting. 2. LOT 15 OF THE AMENDED PLAT OF LOTS 10 - 17 AND A PORTION OF LOTS 1, 6, 8 & 9, ELKHORN ESTATES, 415 FALL RIVER LANE, APPLICANT: MARK THEISS - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This is a request for a seven foot variance from the fifty foot northern side yard setback and a twenty-three foot six inch variance from the fifty foot southern side yard setback to build a single-family home in the RE zoning district. The area in which the applicant proposes building will have the least impact on the land as far as driveway cuts and cutting into bedrock and rock outcroppings. Building higher on the lot would require more extensive removal of bedrock and rock outcroppings. A longer driveway with additional switchbacks would also be required. There are special circumstances associated with this lot. The lot is undersized for the zoning district. The minimum required lot size for new lots in the "RE" Rural Estate zoning district is ten acres. The size of this lot is 1.39 acres. This variance request is needed in part because of these special circumstances and in part because of the footprint size for the proposed house. The variance request could be further minimized or eliminated if the proposed house had a smaller footprint. The proposed variances are substantial; however they may not substantially alter the essential character of the neighborhood. Since a house will be built that extends across more of the lot than would othen/vise be allowed on a very steeply sloped site, staff recommends that a detailed grading and drainage plan be submitted with the building permit application. Board Member Sager asked what the options would be for rezoning. Planner Chilcott stated that if the 3 lots were combined and rezoned to one acre lots there would be the potential of subdividing the land into 4 lots. The current "RE" zoning limits the site to 3 lots that can not be further subdivided. Director Joseph concurred with Planner Chilcott's statements. He advised the lots in question were zoned "IF' prior to the rezoning in 2000. During the rezoning of the valley, the properly was zoned "RE" to limit the site from being further subdivided dueto its unsuitability. Lonnie Sheldon of Van Horn Engineering was present to represent the applicant. He stated it would be easier to site the house on the property if the variance could be increased a couple of feet on both the north and south property lines. Mark Theiss, 1460 Prospect Mountain Drive, stated the building sites for Lot 13 and 17 will be determined by the placement of the road. Board Member Sager stated Lot 17 has more potential for a building site that would not require a variance. Public Comment: None. RECORD OF PROCEEDINGS k2 Estes Valley Board of Adjustment Â·- May 6,2003 Based on the narrowness, steepnes; and smallness of the lot it was moved and seconded (Newsom/Sager) to aly,rove a variance request of nine feet (9) from the northern fifty foot (50) sid j yard setback and twenty-five feet (25) from the southern fifty foot (50) sid ; yard setback to build the single-family house forty-one feet (41) from the nuthern property line and twenty-five feet (25) from the southern proberty line ind the motion passed unanimously with one absent and one vacancy. i H variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work co.nmenced within twelve (12) months form the date the variance is granted. 1. Compliance with the submitted si.e plan. 2. A registered land surveyor sha.! set the survey stakes for the foundation forms. After the footings are sol and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. 3. A detailed grading and drainage plan shall be submitted with the building permit application which include:s existing and proposed contours, top of foundation elevation(s), finished floor elevation(s) and finished grade at building corners. 4. The applicant shall demonstrate that the slope's ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for slope failure, and that the development of the slope will not increase the degree of hazard both on-site and on adjacent properties (Development Restrictions on Steep Slopes - EVDC Â§7.1.8.2.b.(4)). 5. Rear setback line is shown as 100 feet rather than 50 feet. This should be corrected with building permit submittal. 6. Submittal of a signed and recorded driveway access and maintenance agreement approved by staff prior to issuance of a certificate of occupancy. 3. A PORTION OF LOT 11, BLOCK ll, TOWN OF ESTES PARK, 251 BIGHORN DRIVE, APPLICANT: DOLPH & CHERYL SWIFT - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This is a request for a variance from the front and side yard setbacks in the "RM" zoning district to remodel a portion of an existing single-family residence. The footprint of the house would not change; therefore the existing setbacks will not be further reduced or increased. There are special circumstances associated with this lot. The existing single-family residence was built in 1924 and is nonconforming as to the fifteen foot minimum front yard setback requirement and ten foot minimum side yard setback. The northeast corner of the house is approximately 2.8 feet from the front property line and approximately six feet from the side lot line according to the Improvement Survey prepared by Bill Van Horn, Van Horn Engineering and Surveying. Also a portion of the garage encroaches 0.8 feet into the Big Horn Drive right-of-way; however, remodel of this area is not proposed. There can be a beneficial use of the property without the variance. The existing house can continue to bd used without the proposed remodel. The proposed addition may not substantially alter the essential character of the neighborhood. ' Dolph Swift, 251 Big Horn Drive, was present to answer questions from the. Board. He stated they are trying to improve the foundation and the property. Board Member Sager questioned ' the small portion of the garage that encroaches into the right of way. Greg Sievers, Construction/Public Facilities Manager, stated these encroachments of older homes into older right of ways are not uncommon. At this time it is a not an issue for Public Works Department. When this property is sold in the future it may become an issue for the Title Company. The owner would have to come to the Town to have that portion of the right of way vacated to satisfy the Title Company. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 May 6,2003 Public Comment: None. It was moved and seconded (Sager/Newsom) to approve the variance request of approximately 12.2 feet from the fifteen foot (15) front yard setback and approximately four feet (4) from the ten foot (10) side yard setback to remodel a portion of the single-family house 2.8 feet from the front yard and six feet (6) from the side yard and the motion passed unanimously, one absent and one vacancy, with the following conditions. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Compliance with the submitted plans. 2. The proposed remodel shall not extend further into the setbacks than the existing structure. The footprint size and shape shall remain as is. 3. A registered land surveyor shall set the survey stakes for the foundation forms. After the footings are set and prior to pouring the foundation, the surveyor shall verify compliance with the variance and provide a setback certificate. 4. Compliance with the Estes Park Sanitation District's April 24, 2003 letter to Alison Chilcott. 4. LOT 6, BLOCK 4, WINDCLIFF ESTATES, 5TH FILING, 1531 ST MORTIZ TRAIL, APPLICANT: ED & MARGE GETCHELL - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk advised he received a letter from the applicant's engineer requesting a continuance to the June Board of Adjustment meeting. It was moved and seconded (Sager/Newsom) to continue the request to the June Board of Adjustment meeting and the motion passed unanimously, one absent and one vacancy. 5. LOT 6, SPANIER SUBDIVISION, 1752 HIGHWAY 66, APPLICANT: CAROLYN S. LAMB - VARIANCE FROM SECTION 4, TABLE 4-5 AND CHAPTER 6 "NONCONFORMING USES AND STRUCTURES" OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk stated staff has determined this variance request should not be heard at this time due to two existing violations. The cabins were developed in the early 1920's and were built near the property lines or even over the properly lines based on the site plan submitted with this application. One of the cabins was recently removed. Construction to rebuild the cabin began without obtaining a building permit. A stop work order was placed on the building by the County Building Official. As a result the applicant is requesting a side yard setback variance. In the course of reviewing this request, staff has discovered a non-conforming cabin has been expanded without proper approval of the Estes Valley Board of Adjustment, and work was completed without a building permit. Therefore, this cabin is in violation of both the Estes Valley Development Code and the Uniform Building Code. It was moved and seconded (Sager/Newsom) to except the Community Development determination that this request not be heard until all past violations have been corrected for this property and the motion passed unanimously, one absent and one vacancy. Public Comment: Robert L. Krasuski, brother of Sue Lamb, gave background of Ms. Lamb's ownership of Skyline Cottages. He read into the record a letter from Ms. Lamb who could not be present. He stated that time is of the essence to complete construction because the cabin is already booked for the summer. He asked the Board to consider letting his sister complete the cabin in question and have her get the rest of the property in compliance in the near future. He stated it would also be a safety hazard to have an uncompleted structure on the property. RECORD OF PROCEEDINGS , Estes Valley Board of Adjustment 4 May 6,2003 Board Member Sager stated he feels the Board could schedule a meeting prior to the next Board of Adjustmenl meeting in June to hear this item. Planner Shirk handed out a staff report from the Larimer County Building Department Code Enforcement. He stated there are several violations on this property and Chuck Harris, Larimer County Building Official, stated this is the 5ul stop work order on this property. Director Joseph advised the best course of action would be for the property owner to contact the Larimer County Building Department to resolve any life safety issues and then come back to the Board. Board Member Newsom concurred with Director Joseph's statement. Chair Barker stated it is the responsibility of the property owner not the general contractors to make sure they have the appropriate building permits and are in compliance with"the Code. He advised that issues of economics are not a reason to hear this item. He stated that Ms. Lamb needs to work with the Larimer County Building Officials to resolve the violations. Board Members are willing to have a special meeting in order to move this issue forward. 6. REPORTS Chair Barker stated the Board still has a County vacancy. He hopes the vacancy can be filled in soon. There being no further business, Chair Barker adjourned the meeting at 8:55 a.m. Jeff Barker, Chair Jacquelyn Williamson, Recording Secretary . RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission April 15,2003, 8:00 a.m. Board Room, Estes Park Municipal Building Commission: Chair Wendell Amos, Commissioners George Hix, Bill Horton, Joyce Kitchen, Edward Pohl, Richard Homeier, and Dominick Taddonio Attending: Chair Amos, Commissioners Hix, Horton, Kitchen, Poh!, Homeier, and Taddonio Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent: Town Board Liaison Habecker Chair Amos called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated February 18, 2003 with the correct spelling of Dick Orleans name. It was moved and seconded (Hix/Kitchen) that the Consent Agenda be accepted and it passed unanimously. 2. PUBLIC COMMENT None. 3. FINAL PLAT OF LOT 1 AND LOT 2, STANLEY HISTORIC DISTRICT, Applicant: Overlook Developers, LLC. Director Joseph stated the Town Board approved the final plat for Lots 1 and 2 of the Stanley Historic District two years ago; however the land owners were never able to obtain the appropriate signatures to record the plat. There are 2 lots plus R.O.W. that are being platted with this final plat along with an access easement for Lot 2. Commissioner Pohl questioned the access to Lot 2. He stated that the previous final plat showed the only access to Lot 2 along the northwest property line. Kerry Prochaska with Cornerstone Engineering was present to represent the applicant. He stated the access shown on the current final plat was established and recorded in 1995. An easement for the road to the northwest (Meyer's Addition) was never recorded so it does not show up on the final plat. There will be a temporary construction easement along that northwest property line during construction and vacated after construction is completed. Public Comment: None. It was moved and seconded (Horton/Hix) to recommend approval to the ToWn Board of Trustees the final plat of Lot 1 and Lot 2, Stanley Historic District'and it passed unanimously. 4. AMENDED PLAT OF LOT 2 AND LOT 3, BLOCK 11, OF THE AMENDED PLAT OF CARRIAGE HILLS 4TH FILING, 2603 & 2605 WILDWOOD DRIVE, Applicant: Estes Park Surveyors & Engineers, Inc. Planner Chilcott reviewed the staff report. This is an amended plat to adjust the boundary line between two lots. Both lots are zoned "IE" Estate. The boundary line adjustment will not change the lot sizes. Both lots are under the minimum lot size requirements for the zoning district; however, the existing and proposed lot sizes will remain the same, making this an even land swap. This plat also proposes vacating a ten foot wide utility easement and platting an eight foot wide utility easement along RECORD OF PROCEEDINGS Estes Valley Planning Commissiont< .:Ve.,Â·,Â·4Â»0-#Â·d " *- . ... 1 U 2 0218 2 9 - April 15,2003 the Lot 3 west property line. Staff recommends vacation of the utility easement only where the house encroaches into the easement. Staff finds that approval of this minor subdivision/amended plat will not be materially detrimental to the public welfare, injurious to other properly in the neighborhood, or in conflict with the purposes 4and objectives of this Code. Public Comment: None. It was moved and seconded (Homeier/Pohl) to recommend approval to the Board of County Commissioners of the Amended Plat of Lot 2 and Lot 3, Block 11, of the Amended Plat of Carriage Hills 4th Filing, 2603 & 2605 Wildwood Drive with the following conditions, and it passed unanimously. 1. Compliance with Dale Greer's letter dated March 3,2003. 2. The plat shall vacate a portion of the ten foot utility easement along the Lot 3 west property line only where the house encroaches into the easement. The portion of the ten foot eaaement that is to be vacated shall be shown on the plat with a note that it is being vacated by this plat. 3. All utilities serving both lots shall be shown on the amended plat and private utility easements dedicated for any utilities that cross the property line. 4. Appendix B.ll.D.9, the vested rights statement shall state "Approval of this Plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." The words "for three years" shall be removed. 5. A small scale copy of the plat, i.e. 1" = 600' shall be isubmitted when the mylars are submitted for recording. This copy shall include lot lines, section, township and range and tie to an established Larimer County survey monument. 6. Compliance with Town Attorney White's letter dated April 10, 2003. 5. REZONING REQUEST, MARY'S LAKE LODGE, UNPLATTED PARCEL AT THE INTERSECTION OF KIOWA DRIVE AND MARY'S LAKE ROAD, Applicant: Mary's Lake Lodge Planner Chilcott reviewed the staff report. This is a request to rezone an unplatted parcel of land located at the corner of Kiowa Drive and Mary's Lake Road from "E" to "A" or "A-1." The purpose of the rezoning request is to allow Mary's Lake Lodge to erect an off-site sign on this parcel. The only development on the parcel currently is the Kiowa Ridge Subdivision sign. On February 5,2003, the Estes Valley Board of Adjustment granted a variance allowing Mary's Lake Lodge to erect an off-site sign on the parcel. The proposed sign size exceeds the maximum permitted sign area on a single lot or building in the "E" zoning district. The proposed sign is twenty-four square foot (eight foot by three foot) and approximately four feet high. If the parcel is rezoned to A" or "A-1" it will not comply with standards set forth EVDC Â§4.4 Nonresidential Zoning Districts, e.g. minimum lot size and lot width standards. However, it is not conforming to the minimum lot size and lot width standards for the "E" zoning district either. Bob Koehler, th 3 property owner, intends to deed restrict the parcel to allow signage only and to transfer ownership of this parcel to the Kiowa Ridge homeowners association. Frank Theis, general manager and one of the owners of Mary's Lake Lodge, was present. He stated that everyone involved thought the property was zoned "A-1". The property was inadvertently rezoned to "E" with the rest of Kiowa Ridge. He asked the Commissioners for permission to place a temporary sign on the property until final approval is received from the Town Board. Public Comment: Jim Tawney, 1820 Fall River Road, spoke in favor of the proposed rezoning. He stated he was the original owner of the property, which was zoned "A-1"and deeded it over to Bob Koehler. He is in full support of the sign. Director Joseph stated that one of the conditions of approval from the Board of Adjustment was for the property to be rezoned from "E" to "A" or "A-1" prior to ' RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 April 15, 2003 placement of the sign. Planner Chilcott stated the sign code does not allow off-site temporary signs. She concurred with Director Joseph's statement regarding the placement of the sign. Director Joseph advised the Town Board is the only body that can give final approval of the rezoning request. It was moved and seconded (Poht/Homeier) to recommend approval to the Town Board of Trustees of the rezoning to "A" Accommodation, Unplatted parcel at the intersection of Kiowa Drive and Mary's Lake Road with the following conditions, and it passed unanimously. 1. The lot shall be used for the Kiowa Ridge and Mary's Lake Lodge signage only. 2. The Mary's Lake Lodge sign shall be limited to the size approved by the Estes Valley Board of Adjustment on February 5,2003. 6. AMENDED PLAT OF LOT 1 AND LOT 10, BLOCK 3, LARIMER TERMINALS SUBDIVISION, INTERSECTION OF ELM ROAD AND KENWOOD LANE, 460 ELM ROAD, Applicant: South Bend Development, LLC. Kitchen excused herself from the discussion and vote due to being a neighboring property owner. She joined the audience. Planner Shirk reviewed the staff report. This is a request to combine two lots into a single lot. The purpose of the amended plat is to allow for the construction of a 12,900 square foot industrial building, for which the area is zoned. The two existing lots are each fairly narrow; this amended plat would provide a more usable building area. This request is in conjunction with a development plan subject to review by the Planning Commission. This amended plat will require the installation of an 8" sanitary sewer main, and reconstruction of that portion of Kenwood Lane currently running through the property. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Director Joseph stated the easement to the west should be labeled as a utility/drainage easement. Commissioner Taddonio stated the vicinity map has Highway 36 labeled as Highway 66. Planner Shirk advised these concerns could be added to the conditions of approval. Public Comment: None. It was moved and seconded (Homeier/Hix) to recommend approval to the Board of County Commissioners the Amended Plat of Lot 1 and Lot 10, Block 3, Larimer Terminals Subdivision, 460 Elm Road with the following conditions, and it passed 6-0 with Kitchen abstaining. 1. Pursuant to C.R.S.30-28-110, sub-section 4(a), "no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid." 2. Changing note "Lot Line and Easement to be Abandoned" to "Former Lot Lin*e and Easement vacated by this plat." 3. Compliance with Town Attorney White's memo to David Shirk dated April' 10, 2003. 4. The utility easement to the west shall be relabeled a utility/drainage easement. 5. The vicinity map shall be corrected to show Elm Road intersecting with Highway 36 not Highway 66. 7. DEVELOPMENT PLAN 03-04, SOUTH Bi.ND, LLC DEVELOPMENT, LOT 1 AND LOT 10, BLOCK 3, LARIMER TERMINALS SUBDIVISION, INTERSECTION OF ELM ROAD AND KENWOOD LANE, 460 ELM ROAD, Applicant: South Bend Development, LLC. Planner Shirk reviewed the staff report. This is a development plan request to build an industrial shop in the "I-1" zoning district. This request is in conjunction with the RECORD OF PROCEEDINGS Estes Valley Planning Commission .'*It. J...7>;.'I'/* I : & - "'.#L ~ . 7.1.5Â£00' 9 4:â€¢: Â·,4/ ,Â·7'- 2 4 April 15,2003 Amended Plat of Lots 1 and 10, Block 3, Larimer Terminals Subdivision. This proposal has received variances from the Estes Valley Boatd of Adjustment to landscaping requirements and the location of the required loading area, and a variance from the Larimer County Engineering Department to allow a driveway opening of greater than 30 feet. The building is intended to house equipment from the quarry to the north and the applicant's antique fire truck restoration business. The majority of the building will be used as garage/work space, with a second floor 900 square foot office located in the southeast corner. The building will be a metal "Butler" style building, with a Galvalume roof, tan color walls, and brown trim. Staff encourages the applicant to consider the visibility of the roof from other areas of Estes Park in choosing a roof color. A parking lot accessing Elm Road will be located south of the building. A paved apron will be located north of the building ' providing access to Kenwood Lane. This proposal will require the relocation of Kenwood Lane, a gravel road that currently runs through the property. The development will require the extension of an 8" water main and an 8" sewer main. An erosion control plan sheet shall be required with the construction plans for the development. Doug Klink, the applicant and the owner, stated he agrees with the staff report. He stated regrading of Elm Road has already begun and the regrading of Kenwood Lane will follow. He is looking into the options of a painted roof. His understanding is a Galvalume roof is more durable. Commissioner Pohl questioned the placement of parking spaces in front of 2 large doors on either side of the building. Mr. Klink stated that the 2 end doors are primarily for ventilation. Commissioner Pohl stated he appreciates the applicant considering something other than a silver roof. He believes the company that manufactures the Galvalume roof produces it in other colors. Commissioner Pohl referenced the community design standards of the Estes Valley Comprehensive Plan which states development shall avoid the use of roofing materials which are light colored or reflect light. Commissioner Horton suggested the applicant also consider the thermal efficiency of the roof. Commissioner Taddonio questioned why the applicant was regrading the roads before receiving approval for the development. Mr. Klink stated the previous owner wanted to improve the road as agreed to under his mining reclamation plan. Public Comment: Ed Kitchen, 1901 Fish Creek Road, owns the adjacent property. He is in full support of the development. He stated he has concerns regarding parking and landscaping requirements for the "I-1" zoning district. He stated this property is rare in Estes Park and that every square inch needs to be utilized. He would encourage Planning Commission to look at the code standards for this zoning district. It was moved and seconded (Horton/Homeier) to approve Development Plan 03- 04, South Bend, LLC Development, Lot 1 and Lot 10, Block 3, Larimer Terminals Subdivision, 460 Elm Road with the following conditions, and it passed 6-0 with Kitchen abstaining. 1. Approval of this development plan shall not be final until, the amended plat 6f Lots 1 and 10, Block 3, Larimer Terminals Subdivision has been duly recorded. 2. Compliance with Board of Adjustment conditions of approval regarding landscaping. 3. The following note shall be placed in a "Notes" section on the first page of the development plan: "Light sources shall be concealed or shielded with luminaries with cut-offs with an angle not exceeding ninety (90) degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. In no case shall exterior lighting add more than one (1) foot-candie to illumination levels at any point off-site. All outdoor light not necessary for security purposes shall be reduced, activated by motion sensors devices or turned off during nonoperating hours." RECORD OF PROCEEDINGS , Estes Valley Planning Commission 5 April 15,2003 4. Those portions of Elm Road and Kenwood Lane that abut this property shall be graded in accordance with street design standards set forth in Appendix D of the EVDC. Any deviation to this standard will require approval of the Larimer County Engineering Department. 8. ESTES VALLEY DEVELOPMENT CODE REVISIONS Accessory Use: John Spooner, 527 Hondius Circle, was present to represent the Car Club. Planner Chilcott reviewed the changes to accessory use from the previous version. Mr. Spooner stated the Car Club was happy with the new revision. He stated the Estes Valley Equestrain Club was also pleased with the new revision. Director Joseph reviewed the limit on the number of parked or stored vehicles outside of the garage. He stated the Planning Commission felt this revision was too lenient. The Commission agreed to 4 vehicles parked or stored outside on a lot of 5 acres or less and 6 vehicles parked or stored on greater than 5 acres. John Spooner stated the Car Club felt the revision was very generous, and would not have an issue with the changes. Staff would like to remove the exemption for accessory recreational facilities from the maximum cumulative gross floor area allowed for accessory uses. Density Bonus for Attainable Housing: Planner Chilcott reviewed the code revision. She stated this revision would allow a developer with a 50/50 mix of affordable housing and market rate housing to obtain the full density bonus of 12 units per acre. The Housing Authority's Vista Ridge Development revised their development agreement with the Town in order to build a 50/50 mix and obtain the full density bonus. Commissioner Taddonio stated the revision is in conflict as written. Director Joseph advised that the intent is not to raise the maximum allowable units. The intent is to allow a 50/50 mix and get the full density bonus. Commissioner Taddonio stated the new language does not accomplish the intent. Commissioner Pohl stated the Commission does not understand the revision as written, and therefore staff needs to work on the wording to make it more understandable. Commissioner Horton proposed the following wording: "For every unit of attainable housing there is one bonus unit added to the maximum density not to exceed 12 units/acre at a 50 percent mix of attainable and market rate." Employee Housing: Director Joseph stated that the gross floor area of the principle use has been reduced from 2,250 to 1,500 square feet to obtain the first employee housing unit. The second employee housing unit would require an addtitional 2,250 square feet of principle use. Commissioner Homeier questioned the need for 2,250 square feet in order to obtain the second employee housing unit. He feels this number should be decreased. Director Joseph stated the intent of the revision was to make gle first employee uhit easier to obtain because it would most likely be occupied by the owner of the business. Attorney White stated there needs to be a limit on the number of employee housing units. If you allow a property owner to build as many units as they want, additional units will become rental units due to the market. Once the units are built it is difficult to enforce deed restrictions requiring rental of the units to employees of the business and not the general public. Director Joseph stated the employee housing units are not counted towards the floor area ratio; therefore the units are a pure incentive. - RECORD OF PROCEEDINGS . Estes Valley Planning Cominission . 6 April 15, 2003 9. REPORTS Director Joseph reported that Commissioner Taddonio's last meeting will be the June meeting. There being no further business, meeting was adjourned at 3:53 p.m. Wendell Amos, Chair Jacquelyn Williamson, Recording Secretary . Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Community Development Director Alison Chilcott, Planner 11 Date: May 7,2003 Subject: Rezoning Request for Unplatted Parcel of Land Located at the Corner of Kiowa Drive and Mary's Lake Road Background. This is a request to rezone an unplatted parcel of land located at the corner of Kiowa Drive and Mary's Lake Road from "E" to "A" or "A-1." Location Map On February 5, 2003, the Estes Valley Board of 1 1 00/4. '04 685(':, fkul \4 1 Adjustment granted a variance allowing Mary's Lake '44** 04>0<1 Unplatted Parcel Lodge to erect an off-site sign on the parcel. This :Ni \ 6 i, <:04% 1 variance was conditioned on rezoning to "A" or "A-1 , 80'ES FOUNO 1, REW ./ because the proposed sign size exceeds the maximum 22.2.i3333-9,-<,~.-I--fit-/-'--21 permitted size on a single lot or building in the "E" -1,#5-3-31959--41-1ki,<Mvi6- I71.42 3 yan=. zoning district. 0 ' 6 - \t riA 1.013(; 4 7 12-1 Â·%~ % :Â· M< 1.60 ACkl.. 2# 4 1.52 ACRES h 2 MI /1. 1 . 1. 6 =; \ '61.1* i On April 15, 2003, the Estes Valley Planning ff=Â©7 4 It UNA-LABI ~ 91 1 *' ....' ... ).7 --2 \1 Commission recommended approval of the rezoning 42*1 v..c= .eL>Â» 29 - %0'21 1 'p with the following conditions. 214\ "Â«/''go / \42. 9\ 01 ..0.46 i.sj-~ES f..1 1. The lot shall be used for the Kiowa Ridge and ~'4* fv~%<. ...VALABLÂ£ s " tr W 95=TURE j..3 Mary's Lake Lodge signage only. Â»0-23. Â»A Â·r ** 6 L 5- *u *1 \ \./ U.,4.ALABU 2. The Mary's Lake Lodge sign shall be limited to the 1.aL.21 ~<~~~~~ ---- --- flfI 4 size approved by the Estes Valley Board of 5 ACRES Adjustment on February 5,2003. 54/.3{1 :Â·4~* .Â»61pt, Xrk\\ , .TY ex ., ....1 :\+1 YAVA'&[ \ Budget. None. 6\* \\'\ WEILANDS/ 59~/&f ~9~ DRA1NG[ E*sEMENT Action. Approval of the rezoning from "E" to "A" with the conditions recommended by the Estes Valley Planning Commission. - 1 91 -zesÂ£Dy TO ACKNOWLEDGE ALL TOWN GOVERNMENT VOLUNTEER EMPLOYEE TEAM MEMBERS, THE MAYOR AND BOARD OF TRUSTEES HAVE PROCLAIMED TUESDAY, MAY 13, 2003 AS "SEASONS OF SERVICE DAY" CURRENT VOLUNTEER EMPLOYEE TEAMS INCLUDE: ANNUAL REPORT & NEWSLETTER (The "Bugle") TEAM: Randy Repola, Laurie Button, JJ Rutherford, Dave Shirk, and Linda Larsen C.T.A.T. (Computer Technical Advisory Team): Shawn Kraft, Randy Repola, Peter Marsh, Richard Matzke, Bob Goehring, and Pete Brandjord DECORATIVE STREET LIGHT TEAM: Richard Matzke, Bob Joseph, John McDougall, Laurie Button, Mike Mangelsen, Peter Marsh, Rich Widmer, Todd Steichen, Tom Oldham, and Wil Smith HELPING HANDS (Annual Christmas Ornament; proceeds assist Estes Park area residents facing catastrophic illnesses, medical emergencies, and subsequent financial difficulties): Linda Larsen, Russ Franklin, Angie Steichen, Laurie Button, Phil Badali, and Mike Mangelsen INSURANCE TEAM (Employee Benefit Plan): Lorraine McCown, Jackie Williamson, Jerry Brown, Teri Wright, Felice Thorson-Boudreaux, Joe Tlamka, and Pete Brandjord POLICE ACADEMY (Citizens Police Academy): Corey Pass POLICE DEPT. VOLUNTEER UNIT: Wes Kufeld S.M.A.R.T. (Safety Management Assistance Resource Team): Dave Mahany, Robert Hirning, Mike Hulbert, Donell Thompson, Jim Kenney, Davina Miles, Randy Repola, and Rick Emerson T.R.E.C. (Town Recognition and Event Committee): John McDougall, Russ Franklin, Wes Kufeld, Linda Larsen, Rebecca van Deutekom, and Vickie O'Connor WEB TEAM (Website): Peter Marsh, Laurie Button, Linda Larsen, Teri Wright, Jackie Williamson, Pete Brandjord, JJ Rutherford, Rebecca van Deutekom and Cheri Bartram TO CELEBRATE THIS SPECIAL DAY, ALL TEAM MEMBERS ARE INVITED TO ATTEND A RECEPTION IN THEIR HONOR SCHEDULED DURING THE MAY 13, 2003 TOWN BOARD MEETING. 1 -1=41: 4 â€¢If . MEMORANDUM TO: HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR WIDMER FROM: PETE BRANDJORD, FINANCE OFFICER SUBJECT: FRIENDS OF STANLEY HALL FUNDS DATE: MAY 8,2003 CC: Background. The Friends of Stanley Hall (FOSI-I) transferred $475,435 to the Town of Estes Park in May of 2002 "as partial funding for the design and construction of a facility for the presentation of performing arts" (see attached agreement for further detail). The Town has identified a project that would qualify for this funding, and is prepared to proceed with design services. Budget The FOSH funds are segregated from other Town funds as specified in the agreement. An agency fund was established to account for these funds separately. No projects had been identified during the budget process, and accordingly no appropriation was made from the FOSH agency fund. The fund currently has $480,791 available. It is recommended that the amount of the contract for design services for a performing arts center , $54,500, plus an allowance for additional allowable expenses of 15% or $8,175, for a total of $62,675 be appropriated by the Town Board from the Friends of Stanley Hall Agency Fund reserve to allow for the expenditure o f the funds in a manner consistent with the agreement with FOSH. Action Policy Issues - This action is compliant with budgeting laws and the agreement with FOSH. Technical Issues - This action is compliant with governmental generally accepted accounting practices regarding the expenditure of agency funds. RESOLUTION NO. 7-03 A RESOLUTION APPROPRIATING FUNDS FROM THE FRIENDS OF STANLEY HALL AGENCY FUND IN THE TOWN OF ESTES PARK'S 2003 BUDGET WHEREAS, the Town of Estes Park has identified projects that are consistent with the conditions of the agreement with the Friends of Stanley for the use of the funds held by the Town in the Friends of Stanley Hall agency fund; and WHEREAS, funds in the amount of $62,675 need to be appropriated from available reserves in the fund to make expenditures to proceed with the project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The following sum, $62,675, is hereby appropriated from the reserves of the Friends of Stanley Hall fund for expenditures in accordance with the terms of the agreement. ADOPTED this 13th day of May, 2003. Mayor ATTEST: Town Clerk AGREEMENT 0093 This Agreementbetween the Friends of Stanley Hall, Inc., a Colorado Nonprofit Corporation ("FOSH") and the Town of Estes Park (the "Town") made this /4-th day of AA 44 ,2002. WITNESSETH l. FOSH was organized in 1992 for the purpose of soliciting funding for the purpose of supporting the cultural and performing arts within the Estes Park Area. 2. As part of the above stated purpose, FOSH solicited and obtained funds for the renovation of Stanley Hall. 3. Due to factors beyond the control of FOSH and the Town, Stanley Hall is not available for renovation by the Town and FOSH. 34 4. FOSH has at its disposal approximately $4?â‚¬43271:OSH wishes to make these funds available to the Town for use by the Town for the promotion and development of cultural and performing arts within the Estes Valley. 5. The Town is willing to accept these funds pursuant to the terms and conditions of this Agreement. NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Within30 days of the date of this Agreement, FOSH shall transfer tothe Town 34 the sum of#475,435 =- Said funds shall be transferred to the Town by FOSH free and clear of any claims, liens, or encumbrances. The funds transfer?ed shall be subject to the terms and conditions of this Agreement. 2. The Town agrees to accept said funds from FOSH. Upon receipt of the funds, the Town shall segregate these funds from all other funds of the Town. 3. The Town shall use said funds as follows: a. As partial funding for the design and construction of a facility for the presentation of performing arts. Said facility may be a part of or combined with other uses in a multi-purpose facility. Said facility may be either an indoor or partially enclosed facility. The Town may be the sole owner or lessee of the facility and/or the Town may partner with another entity for the design, construction, and operation of the facility. b. The Town shall have four (4) years from the date of this Agreement to determine whether or notthe facility, as described in paragraph (a) above is feasible. Said decision shall be in the sole discretion of the Town. If the Town does determine within said four (4) year period that such a facility is feasible, the Town shall have a total of seven (7) years from the date of this Agreement to design and substantially complete construction of said facility and use the FOSH funds for said facility. c. In the event the Town determines, within the original four (4) year period, that a facility is not feasible, the Town then shall have the following options with regard to the funds. 1) Donate the funds to any nonprofit organization whose primary focus is within the Estes Valleyand whose nonprofit purpose involves the performing arts. 2) If the Town determines, iri its sole discretion, that there is no appropriate organization within the Estes Valley which provides support for the performing arts, the Town may donate the funds to such an organization located within the Northern Colorado Area. 4. All of the funds shall be disposed of by the Town pursuant to this Agreement within seven (7) years of the date of this Agreement. 5. This Agreement contains the entire understanding of the parties. Any amendments or modifications hereto shall be in writing and executed by both parties. 6. In the event of any defaultby either party in the terms and conditions hereof, 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 said 10-day period, the -2- . non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages. Damages shall include all reasonable attorneys fees and court costs incurred by the non-defaulting party. 7. All notices, demands or other documents required or desired to be given, made orsenttoeither party, underthis Agreementshall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: Town of Estes Park Friends of Sta,5iey Hall A Attn: Town Administrator Aunt opanift- 1'2#l 'v P.O. Box 1200 '0 3/ Meeker D r Estes Park, Colorado 80517 Es+â€¢s Fa.r k , Co 20 5-1 + IN WITNESS WHEREOF, these parties hereby execute this Agreement. FRIENDS OF STANLEY HALL, INC. duzzjL By: TOWN OF ESTES PARK By: 44 'U'U. ATTEST: 0 OGR%-4.3 TOWN CLERK / .3~6<J~- -3- April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: The application was filed February 19, 2003 The Town has received all necessary fees and hearing costs. The applicants are filing as a Corporation There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled X Completed (Date: April 18,2003) MOTION: Move the Transfer Application filed by HIGH COUNTRY BREWERY, INC., doing business as Estes Park Brewery for a Brew Pub License be approved/denied. TOWN OF ESTES PARK Police Department 114&.fr # ~ 4 d sy-,rÂ®t; ,&%;sti~ . ,#71&-R r>Â»44-a- 2=ENA -/-42-<Epr 4 :pt4,0,11 , t 1 -A -1 February 28,2003 Rebecca van Deutekom, Deputy Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Estes Park Brewery Brew Pub Bratrud, Eric J. DOB: 04/16/67 Lemirande, Tyler J. DOB: 10/24/73 Dear Ms. van Deutekom: An Estes Park Police Department local records check based upon the names and dates of birth on the above-named individuals has been made. There are no local records on the above-mentioned individuals. Sincerely, , ,-3-2_. El,L C~ Lowell C.-RiciYEdson Chief of Police, Estes Park Police Department (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 f--'41 DR 8404 (06/02) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION ~ NEW LICENSE *~ TRANSFER OF OWNERSHIP U LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) Â· LOCAL LICENSE FEE $ Â· APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a U Individual 81 Corporation U Limited Liability Company E Partnership (includes Limited Liability and Husband and Wife'Partnerships) E Association or Other 2. Name of Applicant(s) If partner*Ap, list partners' names (at least two); if corporation, name of corporation Fein Number 17.9n Cod g +r *w<.1-, CEN<- 2a.Trade Name of EstablisÂ¢'ment (DB State Sales Tax No. Business Telephone E->Â¥c, PKIC % re,werv IA-la512-0003 4-7.0 9534-5-4&1 3. Address of Premises (specify exact location of pr#mises) 4 70 Pro, ~â‚¬=I-0- 1.\CÂ«,e- Or City/,45 Ar k L.,4 Nr CO 'SOSt 7 County State ZIP Code 4. Mailing Address (Number and Street) City or Town State ZIP Code Po GoK a A\-36 296 9Â«r k CO 705 i 7 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: PrestuLTrade Name.of Establishment (DBA) Present State License No. Present Clasi.ef 4icense Present#xpi*on Date 4-544 Gk \Art.,-ry nk-0. 9-1 9-0001 8,Â»ek) HAb 341/03 "|Aa 10*i*KSECTION AKNonrefundable *APPLICATION.FEES*,2 :CIABP Â£544*24%24SSECION,D.Â¥93:*I,M~ElbUORLICENSE FEES Nkâ‚¬. 1*,Ft?er 0 U Application Fee for New License .............................. 900.00 61940' E Retail Liquor Store License (city) ......................... $227.50 &390 El Application Fee-New License Concurrent Review.. 1000.00 j29.404 l Retail Liquor Store License (county) ..................... 312.50 2330 0 Application Fee for Transfer of Ownership ............... 900.00 2950-F 1 Liquor Licensed Drugstore (city)........................... 227.50 9,041 '-AÂ¢Ehs,SECnON.B'>*ANUalmÂ¥Â·144#*r*:3:296<BEER LICENSE'{FEES- flMâ‚¬ m Liquor Licensed Drugstore (county) ..................... 312.50 UAL-74Â· 2121. U Retail 3.2% Beer On Premises - (city) ...................... $96.25 19%?' 6 Beer & Wine License (city) ........................... 351.25 231 E Retail 3.2% Beer On Premises - (county) ................. 117.50 4#~2i [3 Beer & Wine License (county) .............................. 436.25 21 22 E Retail 3.2% Beer Off Premises - (city) ........................ 96.25 497% mH&R License m city m county ............................. 500.00 2112 E Retail 3.256 Beer Off Prernises - (county) ................. 117.50 11980' mH &R License w/opt Prem 2 city D county .......... 500.00 2123 1 Retail 3.2% Beer On/Off Premises - (city) .................. 96.25 00#â‚¬ E] Club License m city m county ............................... 308.75 212? 2 Retail 3.2% Beer On/Off Premises - (county) ........... 117.50 ;20101 0 Tavern License m city m county ............................ 500.00 2020, 1 Arts License m city m county ................................. 308.75 04?Cliti#****ION 247*Jfr*NRELATED FEES AND PERMITS11 : , yâ€¢.rl.6 2030 E Racetrack License Il city m county....................... 500.00 1985-100 (999) E Addition of related Facility Permits to existing bol.; 12. :2040. 2 Optional Premises License Il city m county ......... 500.00 Resort Complex license $44 1 -1905 1 Retail Gaming Tavern Lic El city m county............ 500.00 $50.00 x Total Fee :, â€¢.0 ....1 2210-100 (999) 2 Retail Warehouse Storage Permit Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·Â·.$100.00 :1238. IDâ‚¬Brew-Pub License . 750.00 2220-100 (999) El Addition of Optional Premises to existing hotel/restaurant â€¢199% E Resort Complex License . 500.00 $75.00 x Total Fee *k Â£ H/R - Tavern Manager's Registration ................. $75.00 3.'arve DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY Â»tÂ·r- 9 "19 LIABILITY INFORMATIONÂ»- 2 -,146 ' U . 7 .D/zey .<,:7.*Â·:,0 7: 1 1-t , 1 . 24 t.Â«4-2{-r: f e t License Issued Through Cqunty Â· 1-5. Â·City Ir,dustry-Type '' Â· :. Uc,nse, Accdunt Number it UNA ' Uability Date' 9 . i (Expiration Date) - j . â€¢ A ....T tk..,24Â· .~ .~ . ''U . ~ - ~ FROM i ' , TO State - . City . County . - Managers Reg ,Â· ~ < ~ ,Â· , -750 (999) 2180-100 (999) 2190-100 (999) -~ - -750 (999) r i l l#l l i l l i l l i l l i l i i l i l l i l l i l l i l l N l t l l 11 N l l l i l i t i c i 1.. Cash Fund New Ucense Cash Fund Transfer Ucense 2300-100 2310-100 ~ TOTAL (999) (999) DR 8404 (06/02) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes Na holders or directors if a corporation) or manager under the age of twenty-one years? 7. Has 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) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? m 0 (b) had an alcoholic beverage license suspended or revoked? O 09 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? U IR If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. m gl 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. m EW 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of D/4 Colorado law, or the principal campus of any college, university or seminary? I 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 0 N current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 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, lease or other arrangement? - DE El Ownership PH Lease El Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord f-59> w .45 Tenant - . , Expires ELe& 6rjePE LLC- -H,Â¥1 UOUnfT# Bfe <Jert:I, licÂ· (-31-24 Attach a diagram and outline the area to be licensed (includingllimensions) which shols the bars, brewery, 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, besides the owners listed in this application (including persoris, firms, partnerships, corporations, limited liability companies),-2 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 DATE OF BIRTH FEIN OR SSN INTEREST 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.) wi!1 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 Yes Ng A local ordinance or resolution authcrizinG optional premises has been adopted 0 00 Number of separate Optional Premises areas reqi lasted. 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, sbcial, fraternal, patriotic, political or athletic purpose and 00 not for pecuniary gain? . (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 00 operated solely for the object of a patriotic or fraternal organization or.society, but not for pecuniary gain? (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? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? (Copy of notice or application must be attached) Date of Birth 17a. Name of Manager (If this is an application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-1). 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor ~ Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. U El 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? 00 If yes, provide an explanation and include copies ol any payment agreements. DR 8404 (06/02) Page 4 119. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors: general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF POSITION % OWNED NAME HOME ADDRESS, CITY & STATE BIRTH Stic. ~ 13-3 8754*r, Or- Â£5423 Rric Co 9-/6 -67 U â‚¬ 90 $ ler / . A Fo goX (3 9 1 )354Â£5 ?ek co /0-29-73 Pre5 5~0 20. Has the Applicant provided, or does the applicant intend to provide their staff with server training. Yes NO Additional Documents to be submitted by type of entity ~CORPORATION ~ Cert. of Incorp. U Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) [3 PARTNERSHIP U Partnership Agreement (General or Limited) j Husband and Wife partnership (no written agreement) El L:2]TED LIABILITY COMPANY 2 Articles of Organization 0 Cert. of Authority (if foreign company; El Operating Agrmt. E ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service 442.M -7*.*.1 ,#TA. *99*Â¥Â·*4*~t.NAMR~râ‚¬4&*yÂ»*949*'*~,>Â»*MÂ¥,;?~4244..PL*.6.~2**t,Sy*2**jillAA Mâ€¢â€¢ enpfinalty of perjorkin the sefpria,pegree:tpmf.t~MP@Eftior*I~allf!*flÂ¢ients-areittue;.correcwand,completer t?â‚¬ ... /...4,9 W. Ag..17.1 4 ..1 . .4 -Â· :f *4*4'*:14: 4.9:Â·,4 ,Â· 1 4 1,a f â€¢i:f Â· ltÂ·, 4,/2.4.Â·ti#*WfATWAb ru'l'g*27 %Â¢mmwfed*fltal*kmid*litlgAhat lt,ls Mv:resbonsijility.andthecrfsbonsibiliti@FA*h~88Ataki:2*89324 904 h#W Mr~%501:ZPÂ£%(19#22#34N*-*992%Â¢f9ig*04.%:21741Â£2%%.YnAde*%5iy- 24 1 1 _Dtle Date 431 aÂ»- 4 2) 0 )O-7 TREP(*11:'AND)#PEROVALÂ¢OF.Le *tiliICENSING"AUTHORITY,(CITY/COUNIÂ¥)- 74Â§#8Â®m2193 Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-I: Yes No a. Has been fingerprinted DE b. Background investigation and NCIC and CCIC check for outstanding warrants conducted c. The local authority has already conducted, or intends to conduct, a premise inspection to insure that the applicant is 00 in compliance with, and aware of, liquor code provisions affecting their class of license. (date of inspection) 00 If not, does the authority want the state to conduct such an inspection. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhood and the desires of the adult 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 for Telephone Number j TOWN, CITY D COUNTY Signature Title Date ignature (attest) Title Date 1 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. 0 . 1. . 1 DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A , - DENVER CO 80261 INDIVIDUAL HISTORY RECORD : 1 2,9 )eÂ· 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 MANAG/NG members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered jn their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such.falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business E 5-k> FLr k Gre,~er-, IN c_ 2. You[ Full Name (last, first, middle) 3. List any other names you have used. E ru_ -3-0 6 4 4. Mailing address (if different from residence) -, Home Telephone 970 5-79 32-7 5- 5. List all residence addresses below. Include current and previous addresses for the past five years. - ~ STREET AND NUMBER CITY, STATE, ZIP . FROM TO Current 231 6:j~Â°rA br 2646 9.rk, Co gos-1-1 1 G191 phe >444- Previous 34 4 8 A /1 Rr,<r L 4 Â£540 Pw k CO 1 05,7 19 11 14 99 6. Date of Birth Social Security Number (SSN) Place of Birth 7. U. S. Citizen? 4-14-67 97 1 0-1 5-9 99 97. CtO & sc- Lijoscons<A g Yes m No If Naturalized,-state where When Name of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height -Weight Hair Color Eye Color Sex Race 9. Do you have a current Driver's License? If so, give number & state 5'/O /70 81-1 66<- 01 7 - CO *Yes UNo 99- 05721-0239-- 10. List the name(s) of relatives working in.or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE - RELATIONSHIP TO YOU ' * POSITION HELD NAME OF EMPLOYER Have you ever applied for, held, or hadan interest in a State of Colorado Liquor Qr Bper License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. 8 Yes [ No al 12. Have you ever been convicted of a crime, or received a suspended sentencg, deferred sentence, or forfeited bail for any offense in.criminal or military court or do you have any charges pending? (If yes, explain in detail.) B Yes U No .' 2 . r I ow VE' \A Aeri \ , C\9L 1-30116- C.0.).+ ~ 13. Have you ever received a violation notice, suspension or revocation, f,r a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes ~ No Â· 14. List all current and 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 faes E.r k (iftâ€¢d> 6.(70 pro>ee.ef- V[\Le Or E,les 944 iki te,Jer { ciq 41 Pâ€¢sorkÂ· - CO SC:>Sl 7 15. Financial Information. i, . i TotalÂ·purchase price $ 9,0 ,CD o (if buying an existing business)Â·ORÂ·list the total amount of your investment in the new businessÂ·, - ~ including notes, loans, cash, services. or equipment, and operating capital $ Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if nbeded. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount Qu346- 00Â£ r7 8 1 G â„¢24-E 0 Loati Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount Ara- A,|cAo-1 664 1< 2-9 9- Paric ]_N , 17r hoa be_ -39/030 Ne, ?Ark. 16. Give name of bank.where business account will be maintained; name the account will be maintained under; and theÂ· name or names of persons ~ authorized to draw thereon. . ffrÂ«Â¥- il)~4-<bAO (1. k ~ [95*4 ?.rk f>Mwer) ; '-FL ter Le.'r=e Â£ 16: M j--e--fr-k f Eric- Es.*-*j k Oath of Applicant I declare under penalty of purjury in the second degree that this application and all attachments are.true, cofted, and .complete to the best my knowledge. Authorized Signatere Title Date 227.1 Â«- \6.t Pree,Fo#A- -1-6-03 DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR'ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUALHISTORY RECORD 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 suchcorporation; all limited liability company MANAGING members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. Adeliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business ES-frb ~1 f Id_ ~-)04'1_A)â‚¬,C(.1 2. Your Full Name (last, first, middle) J . 3. List any other names you have used. Am.\ForrÂ» CT<der ~750,7, aph 4. Mailing address (if diffdrent Â¥romlresidence) Home Telephone 99 6.yiRÂ© 185166 GAL,06 KOS)-1 970- 520-7935 5. List all residence addresses below. Include current and previous-addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current - c;?fiAI C! S 1-1.1 (/0 03 Â»i - Drak.0 , 0/3 %(33,5 09*4 1,)999- fr.Â£ 9 n-t Previous 435> lA) 1112 horn D-\1â‚¬ 2.5466 fhfk. j CD %25/3 fAn y995 Aft;/ 9//990. ~ 6. Date of Birth Social Security Number (SSN) Place of Birth -Â· 7. U. S. Citizen? 1 /6224--73 -343- r7l.-o -2-0354'3 (3>r-On BA.~ 1 cO %9015)0 01-Yes ONo If-Naturalized, state where When :. Name of District Court Naturaiization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number FPermanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do you havea current Driver's License? If so, give number & state (.9' DIll 1<&0 hÂ·(rion flrolin ri~ 0Â¥es C]No 94_ gqq_ /*53 0_0 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP-TO YOU Â· - POSITION HELD Â· NAME OF EMPLOYER 1 Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail.- -. m Yes *No 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any of[ense in.criminal or military court or do you have any charges pending? (If yes, explain in detail.) U Yes 2No r .6 13. Have you ever received a-violation notice, suspension -or revocation, Â·for a liquor law violati6n, or have you applied for or been denied a liquor or beer license anywhere inthe U.S.? If yes, explain in detail. m Yes Â· 2NO Â· 14. List all current and 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 E'mta- ituk FT+ Lce ru q-7 (9fc:oVee:1-01 jin.Ae br j994 Wed- * 6,544 A,rk Bo ry'amm,%p~ %05/7 15. Financial Information. .. 'Total purchase price $ 3( DO 2 000Â·00 (if buying an existing business) OR list the total amount of your investment in the new business,. 1: including notes, loans, cash, services or equipment, and operating capital $ Provide details of Investment. You must accounf for the sources of ALL cash (how acquifed). Attach a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount ~ * Cloner Cr,r,1 Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount . Firs#- Do_48Â©An_Q tr~,Ak_ 05% 91,4 . L njr}Â·e- 1.Jr , hnist, %,36,006 16. Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons : authorized to draw thereon. 09\ek G.*eraj 6%\1. / 9-514Â»ih-Rk- beu>-erQ-hkr kerv~ prailde , Kfyllm;faâ€¢:* P. P.0 10 - NftÂ¥rfid - Oath of Applicant Ideclare under penalty of perjury in the second degree that:this application and.all.attachments are true, correct, and complete to the best dly knowledge. Authorized2Ign#re Title Date ' 1 , 0\0 0\0 0\0 .\0 0\0 0\0 0/0 IPO\0 0,0 0\0 0/0 0\0 0\0 0\0 0\0 0\0 01 *0 0,0 0\0 0\0 0\0 L,1 41 0 01 81 0 1 5 01 h 00 0 100,004'Et'OU m.044 ....... 00,-IMMNAH#wOmb 000â€¢5091'm.-1 O Or-1 el ,-1 11 loul Ill till O/0 OW OW O\0 OW /\O 0\0 0\0 0\0 0/0 0\0 0/0 OP 0\0 0\0 0/0 0/0 0\0 0\0 0\0 0\0 0\0 0\0 0/0 O O W 01 01 N 00 m 00 0 00 ,-1 OLOLOODOWNG,trltr}r--lb 9â€¢â€¢â€¢â€¢ ........ (Nt-1â€¢-10â€¢-1500$#*OLO MOI#mmt~OLOO,-1,-ICD 10'M,-1.-1 -11'Ul 4101(9.-11.-11/111 01 lili 0\0 0\00\00\0 0\0 0\0 0\0 0\0 0,0 0Â¥0 0\0 O,0 0\0 0\0 OW 0\0 0\0 0Â¥' O\0 0,0 0\0 0\0 Int-(Ne14,t.DCDOCNm,-1 r-10000Ot.r)9149't-OLD.-IN .......... r-14(51.flr-Imr-10.1.r}LOO r-INWOOROODmol,-Ir-1 MIr-1â€¢-tri 4 0 01.-lili 1 1 11 0\00\00/lowo\DowÂ©Â¥'O\0 O\0 0\0 090\001.Wow/\00Â»0\00\00\00,00\0 1.04(91'00(NOLD.-1 01 00 LE,LDNLDOot\(NOOLONN 91'mlf)*10(NChm m r-1 Hoom,Â·9Â£00001,-101(Nm) 1-1 1 (nr-1 1 1 1-1 1-1 r--1 111 01Â° OW o\Â° O\Â° O\0 0Â¥' O\0 0\0 0\0 0\0 0,0 0\0 O\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 {Nt-oc~Velmooul.001 )410,00001)>oom#O 000,LOLD(Nt-INGLDO[)41 1-1,-{Or-10103 *adO<GRA ....'. r-Ir-1 1 1 ,-1,-1 1 1-1 Â£ O,-lei lilli lili / 1 ' LU M 0 0\Â° O\Â° O\0 0\0 00 0\0 ow do ow ow ow ow < 04 ow ow ow * ow ow ow ow ow ow o\â€¢ ow mo: 91: 999 44 -loul Ul O M m ol u .MOOD O, 01 u NOO .... 14 .... 1 CO (Nit-C'kinailn mIr}t~(NO O W MMHOR51(NON#01 â€¢-ImNIr-11 ,-1 elmâ€¢-1 â€¢-1 01 N N ,-1 r-1 1-1 â€¢-1 el r-1 r-1 â€¢-1 lilli /1 1-~ M'' 111IIII]/I 9 / 9 O\Â° O\Â° O'Â¥3 .\0 .\low .\0 00 0\0 0\0 0\0 & O\0 OW O\0 0\0 CAO * O\0 wmet.Dt.ObAM 5(Â¥9 (N J W 00 4' r-1 in 00 0 0 6 - Â» E-1 0 G N O M CO w N ..4 1-1 01 10 19 911 01 .-1 4 O' 1 /-1 1 1=1 1 M?o?? ;444 09 -- ' - NE.1 0\0 op 0\0 0. 0\0 00 0\0 0Â¥, OP OW OW 4 1, 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0,0 83 hOON 00004â€¢m# rim/ O ,o f rn w 94 00 co W m ....... '' 41 rl 44 01 0 O (4 41 < m 01 W 41 m m m N 41 0 0 M â‚¬ 4 4 U. 1'11 N r-Ir-1 'Z'' 8 1111 ZZZZ Ep m ow ow ow ow ow cio ow ow dp CIP cip ow 0Â¥0 0\0 op 0\0 0\0 OW OW oÂ¥> 0,0 0\0 0\0 0\0 E-1 m M (9 w In 00 0 911 1.0 r-1 41 00 E-1 m $ In 00 m O Ln t.0 .-1 00 m 44 =11[--091'10'Or-Ir-IWOE:Im 441-0 mm *11-0 m(NMNN(N 11 11 0\0 0\0 OW 0\8 0\0 0\0 0\0 0\0 0\0 0,0 0\0 01~0 O\Â° O\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0\0 0041,-1010',Vometuo# 004â€¢010,00.Lf,NLOr-lb# Ar-10,011=rl#hr-1,~041 1-1#0(NLOr-ILALOUILr}LrIL.rl r-Ir-11.-It 1 01 1 1 LU ....... ... UM ........ ae2%mm EAmozm .0 </002 p M U O M :DMOODi amimme= . A. E-1 , U VISITS US 34 STATI TOTAL GIFTS ACCOM REST GROC DONS WOODY SQECIS NOIZEVES Sn DE Sn SLLISIA %8' DI .1%. -4 SALES TAX XYM Sarnfs -9.1% -1 -14.7% ECONOMIC INDICATORS MONTHLY % % Chg 2002 - 2001 S- %E' . - O/0 OW r-1 tn m 01 0 r-1 1 1 0\0 0\0 0\0 .\O 09 0\0 - O LD m 01 1 1 O\0 C\O 0\9 t-wol W N *1 1-1 N r-1 1 1 0\0 0\0 0\0 . OW op 44 0 5 9 a le..1 OchiLD :BUTT AO O\0 0\0 00 0\0 e" 01 O LD ,1 N OLD 1-4 . . . r-It--rn 4 r-1 0, M 1-1 1 E-1 1-1 01 04 0\0 0\0 0\0 o\0 0\0 0\0 00 lam .1 09 00 (N OLON 0omm I11 O|It 11 9 350%44 M 'y of châ€¢ 0,0 do M r- ~ r- lf' 9 X Â§ 9 0 9 1 02/-QA<N W H''r- ca 0 Ne 1|It = ME O & op Lili .4 E4 0 0 0 -% S O\0 OP O w m 0 844 co R 0 1 H 82 m O\0 0\0 0\0 O\0 0\0 o\O 9 In Ul tri -- 0$ 6-1 LOrI H . . . 44 . . . 5 Ul Un M b 1-1 ,-1 It 1 B O\0 0\0 09 0\0 O\0 ow O\0 0\0 5 ,-1 LA 94 0 5 N O Ch AE-1 Â· . C- 14 0 00 Z H h N G 00 r-IN G I Xmr-11 1 1 1 1 04 H aEmmmmEEagmM =mÂ¢404>4&â€¢100â€¢E-1,0 04 M 4 04 4 D O MOO Al 4 4 % 4 Z b '0 4 mOZO -4 %0. S'9- %2.6- Masang VISITS US 34 US 36 TO TOTAL RETAIL ACCOM REST GROC -13.1 DONS ISEN I'â‚¬I- %L ST D'8- %Â£'S- TRANSFER SALES TAX ECONOMIC ICATORS - 2002 ONTHLY %