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HomeMy WebLinkAboutPACKET Town Board 2003-11-11Prepared 11/06/03 The Miesion of the Town of Estes Fark le to plan and provide reliable, hi0h-value services for our citizens, visitors, and employees. We take Great pride eneurin0 and enhancin0 the quality of life in our community by Dejn0 0ood stewarde of public reeources and natural eettinG. 94£10>y BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 11,2003 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated October 28,2003, and Town Board Budget Study Session Minutes dated October 30 and November 4,2003. 2. Bills. 3. Committee Minutes: A. Community Development, November 6,2003: Conference Center: 1. Rocky Mountain Park Inn LLC - Service Agreement. 2. " - Food & Beverage Concession Agreement. Special Events Dept.: 1. Resolution #17-03 - Celebrate Estes Event, Chamber of Commerce, December 6-7,2003. 2. Stanley Park Fairgrounds Policy Manual Amendment - Section C pertaining to Rental Rates. 3. 2004 Estes Valley Productions Concert Agreement. 4. Lions Club Concession Stand Agreement - Renewal. 5. Performance Park Historical Drama, 2004 Summer Series. 4. Estes Park Housing Authority, September 10,2003 (acknowledgment only). 5. Estes Valley Board of Adjustment, October 7,2003 (acknowledgement only). 6. Estes Valley Planning Commission, October 21, 2003 (acknowledgement only). 7. Resolution #12-03 - New Hotel & Restaurant Liquor License Application filed by Seabear, Inc., dba ESTES DELI & CATERING CO., 361 S. St. Vrain Ave. (former location of "Jumpin' Jacks Barbecue") - Setting public hearing date of December 9,2003. 8. Resolution #13-03 - New Tavern Liquor License Application filed by Agapemou, Ltd., dba KELLI'S, 110 W. Elkhorn Ave. - Setting public hearing date of December 9,2003. 1 Continued on reverse side A 4 4 lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. FINAL SUBDIVISIONS: 1. Pawnee Meadow, Second Filing, Lots 4 and 5, Pawnee Meadow Subdivision, First Filing, Scott & Kim Miller/Applicants. B. AMENDED PLATS: 1. Lots 32A and 33A, Amended Plat of Lots 32, 33, 34, 35 and a Portions of Lots 1, 31 and 37, White Meadow View Place Addition, Don Darling/Applicant. C. PRELIMINARY CONDOMINIUM MAPS. 1. Solitude Condominiums, Phase I, Time Extension for Lot 1, Solitude Subdivision, Fish Creek Properties, LLC/Applicant. 2. Solitude Condominiums, Phase 11, Time Extensi6n for Lot 2, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. 3. Solitude Condominiums, Phase V, Time Extension for Lot 5, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. D. BOUNDARY LINE ADJUSTMENTS: 1. Lots 35 and 36, Block 6, Hupp Addition, Allie & Charles Jones/Applicants, dba the Grubsteak Restaurant. E. MINOR SUBDIVISION & REZONING: ' 1. Witt Subdivision of Lot 2, Seybold Subdivision, Bradley & Eunice Witt/Applicants. 2. ACTION ITEMS: A. JANCO Revised Development Agreement to Allow Ownership of Individual Units - CONTINUE TO DECEMBER 9,2003. B. Estes Valley Board of Adjustment Bylaws, Amended - CONTINUE TO DECEMBER 9,2003. 2. ACTION ITEMS: 1. TRANSPORTATION COMMISSION. Bill Kaufman/Transportation Commissioner representing Larimer, Weld & Morgan Counties. 2. 2004 BU0GET PUBLIC HEARING - ADOPTION. Finance Officer Brandjord. A. Highway User's Trust Fund. B. Resolution #14-03 - Setting the Mill Levy. C. Resolution #15-03 - Adopting the 2004 Budget. D. Resolution #16-03 - Appropriating Sums of Money. 3. TOWN ADMINISTRATOR'S REPORT. 2 Prepared 11/06/03 4. ADJOURN. MEETING CANCELLATION NOTICE: Due to the upcoming holiday season, the Town Board meeting scheduled December 23,2003 has been cancelled. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3 Continued on reverse side Town of Estes Park, Larimer County, Colorado, October 28,2003 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 28th day of October, 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 Sylvia Vrabeck offered her support of Performing Arts Center; however, the site is the #1 priority. In summary, due to limited space on the Wiest site, traffic, potential excavation of the affected mountain, Ms. Vrabeck's site preference is the Town-owned property behind Safeway (Lot 4, Stanley Historic District). TOWN BOARD COMMENTS Mayor Baudek commented on: (1) the 6th Grade Class who placed red ribbons in the Board Room, calling attention for citizens to take a visible stance against drugs; (2) Offered best wishes to Southern CA residents affected by the devastating fire; and (3) the December 23rd Town Board mtg. will most likely be cancelled. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated October 14,2003. 2. Bills. 3. Committee Minutes: A. Public Works, 16,2003: 1. Municipal Building Remodeling Project: (a) Preliminary Maximum Price, (b) Final Design/Build Scope of Services. B. Public Safety, October 23,2003: Police Department 1. Elkhom Ave. Street Closure for Halloween Activities, October 31, 2003. Fire Department Board of Trustees - October 28,2003 - Page 2 1. "Slash" Disposal Site (Pilot Program) - Fairgrounds. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. A. HIGH PERFORMANCE: CULTURE'S CONTRIBUTION TO DOWNTOWN - PRESENTATION. EPURA Commissioner Al Wasson commented on the success of Performance Park -- the first year of construction and subsequent operation, and its contribution (performers, audience demographics, traffic, induced impact to the neighboring area; and sustainable community). Trustee Jeffrey-Clark noted the positive comments she had received from area visitors. Mayor Baudek expressed the Board's appreciation for the presentation. B. ESTES PARK CULTURAL CENTER (Wiest Theatre) - PRESENTATION OF CONCEPTUAL DESIGN. Roger Thorp/Thorp & Associates. Roger Thorn gave a presentation on the conceptual design of the Wiest Theatre, and introduced Design Team Member Chris Wineman/Semple Brown, Design Architects. The Town requested the Team investigate specific issues for a cultural center: evaluate the Wiest location as a potential site, the range of capital costs for this type of facility, and potential design ideas. The Team toured various venues and met with the arts group community. Mr. Wineman commented on two siting plans to address various considerations and solicit responses and reaction. When the preferred alternative was determined, the design was returned for community reaction. The current design proposal includes a 525 seating area; visual arts gallery, activity all along the Riverwalk, and the key, which is space for rehearsal. The design takes into account varied uses-social and civic programming, special events, daytime and evening events. Mr. Thorp presented a "floating model" that allows the audience to view the Wiest site that does not include excavation. Success is dependent upon density in terms of people and the facility to work in a dense, compact environment. The Wiest site provides for multiple routes of approaching the facility and there are two significant seasons for programming that offer a diverse and pro-active approach. Approximately 200-250 vehicles could be housed in a parking structure and options with and without excavation were reviewed. In discussions with two contractors, preliminary cost estimates are $40.00/sq. ft. ($8-10 Million), and it is important to solicit input from a qualified consultant for management operations. Construction on the parking garage could begin during the fall season and utilized by the summer season. C. ESTES PARK CULTURAL CENTER (Wiest Theatre) FEASIBILITY STUDY PROPOSAL - REQUEST APPROVAL. Town Administrator Widmer reviewed a proposal from AMS Planning & Research to perform a feasibility stody of the Wiest Theatre as discussed above. Phase I includes a Needs Assessment that will review existing programs, and analyzing the local market, review competitive facilities and provide a comparative study of other relevant performing arts venues. Phase 11 will focus on management and operations, including staffing needs, projected revenues, operating expenses, and an analysis of net gAin/loss. Phase Ill is an analysis of the economic impact and benefits of the project, including expenditures, employment, and other direct, indirect, and induced impact. The assessment of economic impact will be performed for each of the three methods of phasing the Theatre. Completion of the study is expected in approximately 4 months. Board of Trustees - October 28,2003 - Page 3 The fee is $29,000 plus up to $6,000 for expenses and funding is available in the Friends of Stanley Hall Fund. EPURA Commissioner Wasson stated that EPURA will be actively involved with necessary parking; and EPURA Exec. Dir. Smith added that the West Corridor Plan promised merchants that EPURA would not propose any project that would reduce the number of existing parking spaces. Approximately 40 spaces could be lost with the theatre project; however, with the recent bond issue, funding was provided to improve the Wiest Parking Lot and conduct an analysis to determine the number of spaces needed. Audience comments in support of the theatre were heard from: Bennett Penn, Ron Wilcox, Paul Saunders, Irene Little, Steve Little, Sue Spooner, Chris Wood, Odd Lyngholm, Claudia Irwin, Linda Vogel, and Sue Pinkham. Audience comments opposed to the theatre were heard from: Sue Wolf. Audience comments neither for nor against the theatre, but whose comments pertained to the site were heard from: Ken Coleman, Lois Weaver, Sarah Holt, Ralph Nicholas, Byron Hall/ARD, and George Hockman. Concluding all testimony and discussion, it was moved and seconded (Newsom/Doylen) the AMS Planning Research proposal in the amount of $29,000 plus up to $6,000 for expenses be accepted, and it passed unanimously. Mayor Baudek expressed the Board's appreciation to the consultants and audience for their participation. Mayor Baudek declared a recess at 9:10 p.m. Mayor Baudek reconvened the meeting at 9:18 p.m. 2. BUSINESS DEVELOPMENT DEPARTMENT - REORGANIZATION. Convention & Visitors Bureau. Assistant Town Administrator Repola reviewed prior reorganization, and Business Development Director Pickering stated that the Dept. is beginning to formalize the Fulfillment Task Force's recommendations for the formation of a Marketing Advisory Board. In Task Force meetings, it became very evident that Estes Park has one of the larger tourism economies in the state in terms of number of visitors, revenues and seasonality. In meeting with tourism officials, each expressed the important role their Chambers play in their community economic vitality; however, for communities that are significant tourism destinations, the models have changed. Denver, Colorado Springs, Grand Junction, Ft. Collins, Greeley and Boulder have adopted a Convention and Visitors Bureau (CVB) model to serve their guests and separate their Chamber of Commerce to serve the local businesses. While core responsibilities may differ, both agencies work together on many important projects. As staff reviewed traditional CVB's, they appear very similar to the Town's Business Development Dept. CVB's are responsible for advertising, group sales, public relations, and special events. CVB's also traditionally manage the answering of phones. Chambers of Commerce are responsible for business programs, seminars on business services, cooperative programs for lessening costs to members, employee education, etc. Staff is requesting the following: • Renaming the Business Development Dept. to the Estes Park Convention & Visitors Bureau. Board of Trustees - October 28,2003 - Page 4 • Approval to begin implementation of the Marketing Advisory Board to implement the Fulfillment Task Force's recommendation for the marketing of Estes Park. Additionally, the 2004 Budget will include capital investment funds to organize the CVB operation in the Visitor Center. A proposed list of operating expenses was also presented: Start-up Costs (one-time) $ 53,000 Annual Operating Expenses $142,700 Staff confirmed that most CVBs do have convention centers; however, staff does not anticipate any changes in advertising support of tourism v. convention business. Dir. Pickering introduced Advertising Mgr. Marsh, and Julie Nikolai, newly hired as the Town's Group Sales and Marketing Mgr. Additionally, it was announced that the Chamber Resort Assn. has changed their name to the Estes Park Chamber of Commerce. Audience comments generally in opposition of the CVB were heard from: David Crockett, EPCRA Exec. Dir. Boleman, Rhonda Sharp, Ken Coleman, and Karl Snyder. Audience comments generally in support of the CVB were heard from: Harry Graham and Odd Lyngholm. Audience comments generally in support with associated questions were heard from: Lois Smith, Sue Spooner/Ambassadors and Warren Clinton. Concluding all testimony and discussion, it was moved and seconded (Habecker/Jeffrey-Clark) (1) the Business Development Dept. be renamed to the Estes Park Convention & Visitors Bureau, and (2) staff be authorized to begin implementation of the Marketing Advisory Board to execute the Fulfillment Task Force's recommendation for the marketing of Estes Park, and it passed unanimously. Marketing Advisory Board. Dir. Pickering read his preliminary criteria and recommendations for the Marketihg Advisory Board as follows: • Resident of Estes Park (within Town Limits) • Own a tax collecting business within Town Limits • Resident for a minimum of five years • Served on a Town or Chamber Committee. In addition, staff requested board appointment include one member of the Ambassadors. It was moved and seconded (Habecker/Newsom) staff be authorized to begin implementation of the Marketing Advisory Board, based on the criteria listed above, and it passed unanimously. 3. ESTES PARR CHAMBER RESORT ASSOCIATION - FULFILLMENT EXTENSION CONTRACT. Assistant Town Administrator Repola reviewed a historical account of the telephone traffic and associated costs as well as an estimate of the costs under the proposed fulfillment agreement. The new fee would be $4,000/mo. less a deduction for the AT&T phone bill. The Agreement was presented and a determination of ttie term must be provided. Board of Trustees - October 28,2003 - Page 5 The most current contract was expired and automatic quarterly renewals were extended. The contract elements include: compensation, term, certain other use of the Town's 800 telephone number, and presence in the Vacation Planner. A review of the negotiation process followed, and EPCRA Exec. Dir. Boleman recalled the Task Force's recommendation that the contract should be extended through 2003, with a time period for negotiation of a new contract in 2004. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(e), C.R.S. - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e). Motion: It was moved and seconded (Barker/Habecker) the Town Board go into Executive Session for the purpose listed above, under C.R.S. Section 24-6-402(4)(e), and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 11 :01 p.m. Mayor Baudek reconvened the meeting to Open Session at 11:33 p.m. It was moved and seconded (Habecker/Newsom) the contract, as presented by Assistant Town Administrator Repola be approved with the term of the agreement under Item #4 being October 1, 2003 through October 1, 2004 to include occupancy of the building. Trustee Habecker stated that the Town will meet all fulfillment commitments made by EPCRA for their membership through the end of the year; the transition period is to begin as soon as possible; a seamless transition is expected so as not to harm any business; and the Town fully anticipates the cooperation of EPCRA. The motion passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. Reports deferred to the next meeting. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 11:38 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 30,2003 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 30th day of October, 2003. Committee: Mayor Baudek, Trustees Barker, Doylen, Gillette, Habecker, Jeffrey-Clark, Newsom Attending: All Also Attending: Town Administrator Widmer, Assistant Town Administrator Repola, Finance Officer Brandjord, Directors Kilsdonk, Linnane, Pickering, Mgr. Hinze, and Clerk O'Connor Absent None Mayor Baudek called the meeting to order at 6:36 p.m. 2004 BUDGET PRESENTATION - GENERAL FUND AND RELATED FUNDS. Assistant Town Administrator Repola gave an overview of the budget process, adding that the 2004 Budget is based on new Governmental Accounting Standards Board (GASB)-34 accounting practices. Assumptions for 2004 budget include: 1. Based on the adjusted sales tax revenue figure for 2003, the 2004 Budget assumes a 1.8% increase. 2. Salaries include a 1.8% increase at this time. The compensation study is 90% complete and the final report will supply additional information. 3. Health Insurance includes a 10% increase at this time. Finance Officer Brandjord and the Employee Insurance Team are reviewing proposals. 4. Department Heads were requested to reduce their budgets by 5% and in most cases the reduction was provided. Ass't. Administrator Repola and Finance Officer Brandjord presented the following funds, noting items of interest: GENERAL FUND. • Revenue, expenditures & fund balance. Staff confirmed that figures contained under the 2003 Estimate column are the most up to date estimate available at this time. • EPURA Revenues and Transfers to and from the Town. Finance Officer Brandjord presented an outline detailing significant changes in the budgeting process of EPURA pledged revenues and the transfer of excess funds to the Town. • Legislative. Mayor Baudek reported that the Sister City Committee has unofficially agreed that Monte Verde, Costa Rica be named as the Town's Sister City. It is expected that Monte Verde's Mayor and Mayor Baudek will be exchanging visits in the near future. Following these visits, the Sister City Committee will issue a public announcement. • Judicial: The Budget includes a 10% increase for the Municipal Judge and Court Clerk. Historically, these salaries are increased every 2 yrs. (5/yr.). F RECORD OF PROCEEDINGS Town Board Budget Study Session - October 30,2003 - Page 2 Revenues are down, most likely due in part to the Restorative Justice Program. Data was gathered on the Court Clerk two years ago; however, staff is uncertain whether these two salaries are within the market rate at this time. Concerning benefits, the Town is not expending benefits at the same pace as fulltime employees; these employees are taking advantage of dental and vision insurance. Consensus: retain the proposed 10% salary increase in the Judicial Fund. • Executive. The newsletter, annual report, and computer replacement are included. > Liquor Occupation Tax - Fee Increase. Clerk O'Connor presented research information for the increase of the Liquor Occupation Tax. With the exception of the Brew Pub License whose increase is being proposed at 40%, all remaining licenses are proposed to increase 20%. The most recent fee increase occurred in August, 1997. A determination on this fee increase is expected at the upcoming Budget Study Session November 4*. k Elections. The next regular Town election is scheduled in April, 2004, and Clerk O'Connor is proposing election judges be hired to manage every day operations during the 2-week early voting period. The April election is budgeted at $6,615. In preparation for a Coordinated Election in November, 2004 for the proposed Fire District, the budget includes and additional $3,500. • Finance. At the employee's request, one fulltime position is being staffed as a "job share" position. Discussions are underway for a half-time position, however, with the job share position, there is no net increase in staffing levels. Ass't. Repola added that with personnel changes at the Senior Center, he expects that he will share HR processing with Finance. • Community Development. Economic development funds were formerly expensed in this account; however, this particular item will be relocated under the newly formed Economic Development Fund. Although the Bldg. Dept. recently experienced a retirement, the position has not been filled, and the Dept. is attempting to manage full operation with current staffing levels. > Development Application Fee Increase. In a memorandum dated September 25*, Director Joseph reviewed research data for a proposal to increase said application fees that would bring associated fees more in line with associated costs. Implementation of the fee increase could take place over a 2-yr. period - 50% effective January 2004, with the collection of 100% beginning January 2005. A "Minimum Time Demand Chart" dated October 1St was distributed. The budget includes a $5,000 expenditure for "Corn Viz" software; however, the expenditure is contingent upon approval of the fee increase. > Discussion~ followed on the proposed application fee for a variance-from $50 to $350 and extenuating circumstances thereof. Trustee Barker stated that, for the record, the Comprehensive Plan is more restrictive, i.e. requirements for open space (community good), less densities, and the like, and if the community v#ues aspects that cost the landowner, the community should pay for them. Consensus: A determination on this fee increase is expected at the upcoming Budget Study Session November 4% RECORD OF PROCEEDINGS Town Board Budget Study Session - October 30,2003 - Page 3 • Buildings. Property insurance is the driving force behind this fund increase. • Employee benefits: This line item has been adjusted to contain employee incentive expenses in one fund in lieu of allocating to all departments. One employee has participated in the Home Ownership Program-$750 cost to the Town. • Community Services Funding: All applicants were notified that funding was not guaranteed in 2004, and the majority of applicants were reduced 5%. 1 JANCO. Under the Housing line item, JANCO may opt out of their Stanley Ave. Employee Housing Agreement. This will reduce low income and seasonal housing units. > Partners: Mayor Baudek requested and received approval to increase the budget of $3,000 in 2003 to $5,000 for a new tutoring program that would be beneficial to the community. With budget cuts, the tutor is no longer on staff and perhaps this item should be reduced to $3,000. > PaCK. This item was not reduced 5% and stands at $7,500. > Kreative Kids: The original budget request for 2004 was $5,000 and with the 5% cut, the amount is $4,750. Trustee Jeffrey-Clark requested this line item be increased. Staff will confirm this agency's actual 2003 and 2004 budget requests, and consensus was reached that a determination on the possibility of replacing the 5% budget allocation is expected at the upcoming Budget Study Session November 4~h. • Food Tax. This line item has been reduced pursuant to current trends. • Human Services. Reduced 5%. • Radio Reading Service. A new applicant ($250) and the request was not reduced. • School District. Discussion followed on the childcare program for School District and Town employees; the exclusivity of same; prior funding from the Mayor's Contingency; and the child care issue as a whole. 1 Advertising. With the possibility of discontinuing the June Rodeo Series, promotion of this event has been omitted in this fund. Discussion included: annexation, increasing the business licensee fee, consideration that advertising should be increased during low economic times, the newly-formed Convention & Visitors Bureau, and confirmation that the national campaign is firm, and that the regional campaign may be adjusted. Consensus: A determination on this fund is expected at the upcoming Budget Study Session November 4f • Public Safety. The number of personnel is down slightly; 6 seasonal CSOs have been budgeted in lieu of 3, and this number is up for discussion; grant revenues are significant; the Restorative Justice work schedule has been increased; a patrol vehicle is included, a video camera omitted, and the replacement of 7 ballistic vests has been included. Consensus: remove the asterisk for the ballistic vests. > Communications. Discussion on Enhanced 911 and a cost analysis of the inter-agency use of the facilities is underway. • Fire. The copy machine is proposed with a 50/50 cost share with the EPVFD; contributions for replacement of the dive truck (also a 50/50 cost share with RECORD OF PROCEEDINGS Town Board Budget Study Session - October 30,2003 - Page 4 the EPVFD) are not as high as anticipated and the Dept. is seeking corporate sponsors. • Protective Inspection (Building Dept.). A laptop for the field has been included; staffing costs are down. • Engineering. Funding for Methane gas and landfill monitoring continues. • Streets & Highways. Although due for replacement, the G75 vehicle is not included in the budget due to low operation cost; and brief discussion on the rental of sand screen equipment. • Sanitation. Funding is included for portable toilets for Performance Park. Bruce GranVEstes Park Citizens for Recycling (EPCR), briefed the Trustees on his proposal for a commercial cardboard recycling project presented to the Public Works Committee 10/16/03. In summary, a $17,000 one-time investment is needed, 100 subscribers must participate, and 45 businesses have already agreed to a cost-neutral plan. Discussion followed on site specifics (inside floor space), electricity, etc. Consensus: include the $17,000 funding level contingent upon site details. • Parks. Continuing the Bobcat exchange program, and a one-ton vehicle replacement has been omitted. • Business Development. Includes $5,000 for the Intercept Study (50/50 cost share w/EPURA). • Group Sales/Marketing. Includes a 4% increase. • Contingencies and Transfers. Staff distributed a current worksheet and reported that the fund is not yet finalized. The trandfer of $1.3 Million is the primary source of revenue for the Community Reinvestment Fund. • Community Reinvestment. The Bond Park Master Plan figure is an estimate and may not occur until 2005. Consensus: an asterisk be added to the Bond Park Project for submittal to the Public Works Committee; Public Works Dir. Linnane is to provide additional information on the Elk Repellant System for the upcoming Budget Study Session November 4th. Trustee Doylen noted her concern that the fund balance not be depleted, replacing funding future opportunities. • Museum. The majority of a funding request for a copier is contained in the Sr. Center Fund. No change in personnel level in the foreseeable future. The Friends Board continues to provide funding support. • Special Events. Due to the lack of attendance (revenues) from the June Rodeo Series, this event was reviewed and omitted. Discussion followed on reducing the number of weeks from 4, and the substitution of other events. Town Administrator Widmer reported on a funding request ($10,000) from the Estes Park Music Festival for a performance at Performance Park on July 5~h by the Colorado Music Festival Orchestra. The Festival is seeking underwriters, and the Town could provide the final $2,500. Consensus: Special Events Mgr. Hinze will provide the cost estimate for a 2-week Summer Rodeo Series to occur the final two weeks in June, and $2,500 for the Music Festival as specified above. , RECORD OF PROCEEDINGS Town Board Budget Study Session - October 30,2003 - Page 5 The remaining funds carried over to the November 4th Budget Study Session: Conference Center Conservation Trust Senior Center Larimer County Open Space Park Entrance Estates & Debt Service Building Authority. Town Board budget decisions will be requested following conclusion of the presentation of the aforementioned Funds and the Enterprise Funds and Other Funds Meeting on November 4th~ There being no further business, Chairman adjourned the meeting at 9:49 p.m. Vickie O'Connor, CMC, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 4,2003 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 4~h day of November, 2003. Committee: Mayor Baudek, Trustees Barker, Doylen, Gillette, Habecker, Jeffrey-Clark, Newsom Attending: All Also Attending: Town Administrator Widmer, Assistant Town Administrator Repola, Finance Officer Brandjord, Directors Linnane and Kilsdonk, Mgr. Hinze, and Clerk O'Connor Absent: None Mayor Baudek called the meeting to order at 6:35 p.m. 2004 BUDGET PRESENTATION - ENTERPRISE FUND AND OTHER FUNDS. Assistant Town Administrator Repola reported that the first order of business is an overview of the funds carried over from the October 30th Budget Study Session. Ass't. Administrator Repola and Finance Officer Brandjord presented the following funds, noting items of interest: • Conference Center. Staff expenses are no longer included in this fund due to changes in marketing, business development and now the CVB. • Conservation Trust. Lottery proceeds of $34,000 in 2004 are noted in this fund, and the budget includes $30,000 or SCADA, Ph. 4. Mayor Baudek requested all "phased" projects include the stage so as to advise the pace of the project. • Senior Center. With privatization of the food service, staff is continuing to see reduced costs. Interviews have concluded for the Sr. Ctr. Mgr. Position and a job offer is imminent. Discussion followed on a recent endowment of $200,000 and the Board requested assurance that a written policy on how the money will be controlled by Sr. Center, Inc. is in place. The food service contract will expire in August, 2004 and staff intends to renegotiate the term to place it in line with the budget process. Director Kilsdonk will confirm the status of a written policy and advise. Additionally, an asterisk is to be added to the copy machine line item. • Larimer County Open Space. $147,500 is budgeted for construction of the Knoll-Willows Trail Project. • Park Entrance Estates & Debt Service. This is the 8th year of a 10-yr project, and staff believes the debt will most likely be paid off in 2005. • Building Authority. This fund contains the debt service on the COPs for the Golf Course, and the debt should pay-off in 6 more years. RECORD OF PROCEEDINGS Town Board Budget Study Session - November 4,2003 - Page 2 LIGHT & POWER FUND. • The Ending Fund Balance (revised) is $1,225,931. Per the Financial Plan provided by Black & Veatch, the target fund balance is 25% of annual revenues. Discussion followed on the standard fund balance policy, with staff directed to provide the basis for same. Dir. Linnane reported on the Five-Year Financial Plan as prepared by Black & Veatch. In summary, an annual rate increase of 3.9% has been projected for 2005-2008, annual deficits are projected to cease in 2006, and the projected fund balance in 2008 is approximately $2,725,000. PRPA has planned a purchased power increase of 3.9% and the net affect of both increases is an +8% rate increase in 2004. Black & Veatch is scheduled to present the Financial Plan during the December gth Town Board meeting. • Christmas Decoration Contract and Supplies. Discussion followed regarding performing this project in-house due' to increased costs, with the issue being that the work need not necessarily be accomplished strictly with Light and Power Dept. personnel. Consensus: a cost-comparison be prepared between an in-house and private project prior to consideration of a new private contract, with the possibility of transitioning this project to in- house. • Capitol: > AS400 Upgrade > Annual radio automatic meter program (year 1 of 4) > Annual traffic signal paint project > Annual street light program 1 Annual conductor upgrade > Replace Jeep Wrangler > Automatic gate at Light and Power Storage Facility > Replace SCADA computers k Transformers > PRPA fiber optics project from Loveland to Estes Park (22 miles) 7 MacGregor Ranch underground project; this 1/3 cost-sharing project has been moved to 2006 > With prior budget estimates, staff deleted $70,000 for the Annual Tree Trimming Project. Pursuant to revised figures, Dir. Linnane is requesting this item be included in the 2004 Budget. Consensus: Add the annual tree trimming project and deduct the automatic gate. Finance Officer Brandjord will provide the exact amount of interest being paid on bonds. WATER FUND. • Ending Fund Balance. There is a slight decrease in revenues primarily due to water conservation (drought). The 2.9% rate increase will continue through 2006 and the Financial Plan assumes additional increases through 2008 (Black & Veatch Financial Plan and Rate Study). The 2004 estimated ending fund balance of $1,225,900 exceeds the 2001 Black & Veatch projection by $122,000. The Fire Protection Transfer from the General Fund to the Water Fund has been deleted. Discussion followed on the standard fund balance policy, with staff directed to provide the basis for same. RECORD OF PROCEEDINGS Town Board Budget Study Session - November 4,2003 - Page 3 • Capitol: > Security Equipment h Water Shop North Retaining Wall 7 Shop Office Space Addition ' 1 GIS Plotter k Plant Lab Equipment 7 Thunder Mountain Tank SCADA Upgrade 1 Fall River Corridor Pump, Tank, Water Line System Addition. This project will provide water service for outlying commercial properties. > Upper Broadview Water Line Replacement 1 Replace 34 Ton Pickup Truck OTHER FUNDS. • Catastrophic Loss. Funds are set aside in this fund should the Town suffer a loss that is uninsured. • Medical Insurance. Major adjustments occurred in 2003 where employee contributions were increased. The 2004 Budget contains a 7.7% increase ($80,00); however this figure is not yet firm as the Employee Insurance Team continues to meet. An RFP process for a Benefits Consultant is underway, and this process is expected to save money to manage this fund. • Fleet Maintenance. Fund balance is carried in this fund, and an increase in fees paid by other dept. for services is budgeted to avoid dipping into the fund balance. Discussion included continual efforts to maintain a stable workforce. Consensus: staff was directed to search for methods to reduce the fund balance under $100,000. • Vehicle Replacement. The process was reviewed, and the intent with this fund is not to amass a large fund balance but to purchase vehicles in perpetuity. • Fire Pension. Town contributions with a State match maintains this fund. A new Actuary has been hired this year and he will meet with the Fire Pension Board and Firefighters in December. Should a Fire District be created, this fund will be closed and the firefighters will decide where the funds will be allocated. • Police Pension. This fund is due to one beneficiary. • FOSH (Friends of Stanley Hall). This fund balance will be depleted as performing arts funds are expended. DETERMINATIONS FOR THE 2004 BUDGET. • Liquor Occupation Tax. Appropriate fee. Consensus: approved. The Policy Manual will be revised and presented at a Town Board meeting. • Development Application Fees. Additional discussion followed on the proposed fee for variances regarding the possibility of staff and/or the Community Development Committee considering waiver requests. Trustee Barker commented on staff procedure and cited instances where a negative impact affected the applicant. Consensus: approved, including the 2-yr. implementation schedule. The Policy Manual will be revised and presented at a Town Board meeting. RECORD OF PROCEEDINGS Town Board Budget Study Session - November 4,2003 - Page 4 • Community Services Funding: • Kreative Kids. Update: the application requested $5,000 in 2003 and 2004. However, the budgeted amount is $4,000 in 2003 and $5,000 in 2004. • School District. The application requested $2,000, and a letter dated 10/29 from Program Director Wahler states $3,000. Discussion followed concerning booking this funding request elsewhere (employee benefits), and returning the Partners funding request from funds allocated to Multicultural Connections. Consensus: appropriate $3,000 for the School District, $3,000 for Partners, and remove the 5% budget cut from the remaining funding levels. • Cardboard Recycling. Trustee Gillette reported that Waste Management has made a decision to undertake commercial cardboard recycling, and the program may be provided to the entire community. Consensus: based upon recent developments, the $17,000 funding request be deleted from the 2004 Budget. The Board commended Bruce Grant for bringing this project forward. • Advertising. The 2004 Budget was reduced by 5% and discussion followed on media buys and effectiveness in the market place. Consensus: return to the original 2004 funding level of $914,946. • June Rodeo Series. Special Events Mgr. Hinze reported that estimated expenses for a 2-week event are $40,000, and that income would be $18,000. Discussion followed on substitute events/opportunities and affects of inclement weather. Consensus: proceed with a 2-week June Rodeo Series, adding $40,000 in expenses and $18,000 in revenues, with the balance from the General Fund. • Elk Repellant Program. Director Linnane reported Ph. I was unsuccessful, and Phase 11 ($5,000) should be omitted from the budget. • Bond Park Project Design. Director Linnane provided background information and changes thereof, and stated this project ($20,000) should be omitted from the budget. • Sand Screen Rental. Director Linnane stated that the purchase price of this equipment well exceeds the payback ($70-80,000 v. $7,000 for rental), and that the sand is screened by Public Works personnel. • Museum Renovation. Ass't. Repola reported that the renovation project needs an additional $71,000 for furnishings, equipment, etc. Consensus: staff submit a budget request when a needs list is refined. Completing the 2004 Budget review, Trustee Doylen complimented staff on the improved budget process/presentation. Mayor Baudek commented on the Town's Webcam and potential opportunity for improvement with the implementation of the CVB. There being no further business, Mayor Baudek adjourned the meeting at 9:18 p.m. Vickie O'Connor, CMC, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 6,2003 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 6th day of November 2003. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: Chairman Doylen Absent: Trustees Barker and Habecker Also Attending: Assistant Town Administrator Repola, Directors Joseph and Pickering, Managers Hinze and Marsh, and Deputy Clerk van Deutekom Chairman Doylen called the meeting to order at 8:00 a.m. CONVENTION & VISITORS BUREAU DEPARTMENT. Advertising. Magazine ad samples were distributed. Manager Marsh reported that as of September 30th, requests for information are down 20.2%, advertising generated requests were down 16.75%, WATS line calls are down 17.6%, and e- mailed requests as of October 31 st were up 32%, as compared to the same period last year. The Vacation Planner will increase from 40 pages in 2003 to 48 pages 2004 due to additional advertising. Current Projects: 4 Rky. Mtn. News "Winter Escapes" Special Section to include a % page, 4- color ad featuring Estes Park. The Stanley Hotel will run a 14 page add on the same pa~e. 4 December 7t Denver Post Christmas shopping ad development - "Take a Weekend to Beat the Holiday Rush." 4 2004 Spring National Magazine Ad preparation. 4 Away.com promotional. Conference Center. Action: 1. Rkv. Mtn. Park Inn LLC Service Agreement - Approval Request. Director Pickering presented the Service Agreement between the Town and Rky. Mtn. Park Inn LLC, dba Rky. Mtn. Park Holiday Inn for the Conference Center management and operation. The term of this Agreement is January 1, 2003 to December 31, 2007. Areas of discussion include maintenance, marketing, and affiliation. Attorney White will review Section 29 of the Service Agreement relative to the Second Amendment to the Conference Center Lease Purchase Agreement between the EPURA and the Town Amended Lease Purchase Agreement approved by the Town Board on October 14, 2003. Editor's Note: Attorney White has reviewed Section 29 and does not recommend any revision. 2. Rkv. Mtn. Park Inn LLC Food & Beverage Agreement - Approval Request. Director Pickering presented the Food & Beverage Agreement between the Town and Rky. Mtn. Park Inn LLC, dba Rky. Mtn. Park Holiday Inn to provide food and beverage service to the Conference Center. The term of the Agreement is January 1, 2003 to December 31, 2007. RECORD OF PROCEEDINGS Community Development Committee - November 6,2003 - Page 2 The Committee recommends approval of the Rky. Mtn. Park Inn LLC Service and Food & Beverage Agreements as presented. Special Events. Reports: 1. Rock Concert Petition - Referral from Town Board. Director Hinze presented petitions (30 signatures) submitted to the Town Board requesting there be no future rock concerts in Estes Park. Chairman Doylen acknowledged the petitions, stating that the Committee respects the petitioners' request but does not agree that Rock Concerts should not be held in Estes Park. , Action Items: . 1. Celebrate Estes - December 6-7,2003. This event is sponsored by the Chamber of Commerce. Director Hinze requested the following be favorably recommended for approval: A. Entertainment Permit to allow groups and individuals to entertain at Bond Park, Riverside Plaza, Tregent Park and Elkhorn Ave. B. Aspen Lodge Livery to provide horse-drawn wagon rides from the Municipal Building Transit Center north along MacGregor Ave., east along Hwy. 34, west along Elkhorn Ave., ending at the Transit Center. C. Resolution for the Sidewalk Sale. The Committee recommends approval of Items A through C above. 2. Stanley Park 2004 Rental Rates - Section C, Policy Manual Amendment. Director Hinze presented the Stanley Park Fairgrounds rental rates for 2004. Proposed increases are as follows: Dailv Rates Arena A - with stall rental $250 Stage, Portable (16'x23') $150 Manure Disposal Fee - per bedded stall $3 Camper Space - water & electric $15 Dry Camping $6 RV Rally Rental - water & electric $18 Dry Camping $10 The Committee recommends approval of the Section C, Policy Manual Amendment regarding Stanley Park 2004 Rental Rate increases, outlined above. 3. 2004 Concert Agreement - Estes Valley Productions. Director Hinze presented the 2004 Concert Agreement between the Town and Estes Valley Productions, Inc. (EVP). John and Wini Spahnle/Estes Valley Productions, Inc. briefed the Committee on the proposed plans for the 2004 musical festival tentatively scheduled for August 27-28, a Friday/Saturday as opposed to the Saturday/Sunday concert in 2003. The Fairgrounds shall be available from August 24-30 for set-up, the 2-day performance, and take-down. EVP was given the option of determining the performance dates (i.e., Friday/Saturday or Saturday/Sunday). The Agreement has been reviewed by Attorney White. Director Hinze will amend the contract to allow EVP flexibility in determining the performance days, not to exceed 2 days. The Committee recommends approval of the 2004 Concert Agreement for Estes Valley Productions, Inc. with the amendment RECORD OF PROCEEDINGS Community Development Committee - November 6,2003 - Page 3 noted above. Chairman Doylen explained that any changes to the performance dates (from a 2-day concert to a 3-day concert) will require Committee approval. 4. Use of Performance Park for Historical Drama - Summer 2004. Creative Ensemble Productions, Inc. (CEP). requests the use of Performance Park for an Outdoor Historical Drama (OHD) on the following dates: July 2,3,9, 10, 16, 17, 23, 24, 30, 31 and August 6, 7, 13, and 14 (from 5:00 p.m. to 11:00 p.m. each day). The proposed rental fee is $500 for the 2004 season. Melody Page and Julie Phares/CEP explained that OHD is an original play, uniquely American, epic in scope, and focuses on the people who shaped the heritage of the state or country. Director Hinze noted that the performance times do not conflict with existing scheduled events and staff considers this a promising tourist entertainment alternative. Discussion was held regarding the 11:00 p.m. event conclusion, props, and set-up/take-down requirements. Performance Park regulations do not allow events to exceed the 10:00 p.m. curfew. Concluding all discussion, the Committee recommends approval of the Historical Drama 2004 Summer Series as presented, including the 10:00 p.m. curfew p.m. 5. Lions Club Concession Stand Lease. Director Hinze presented the standard Lions Club Concession Stand Lease. The term is January 1, 2004 through December 31, 2005. The Committee recommends approval of Lease as presented. Event Critiques: • Elk Fest. October 4-5,5-yr. event. This event remains very popular. Activities include educational seminars, viewing tours, archery/bugling contests, Mountainmen, and Native American music. This event has great growth potential. • Surprise Sale Days. October 11-12, 14-yr. event. This event drew excellent crowds with fair weather both days. Most businesses reported increased sales. COMMUNITY DEVELOPMENT. Action: 1. Waiver of fees for the Manaelsen Subdivision/Habitat for Humanity - Approval Request. Director Joseph reported that Habitat for Humanity's affordable housing project located in the Mangelsen Subdivision (off Community Dr.) is requesting plan review fee waivers for four additional lots. The budget impact would be approximately $5,000. Director Joseph noted that fees have been waived for previous phases of the project and is consistent with the Town's policy. The Committee recommends approval of the fee waiver request for the Mangelsen Subdivision/Habitat for Humanity project as presented. There being no further business, Chairman Doylen adjourned the meeting at 9:20 a.m. and invited everyone to the Groundbreaking Ceremony for the museum expansion project at the Estes Park Area Historical Museum. Rebecca van Deutekom, CMC, Deputy Town Clerk SERVICE AGREEMENT THIS AGREEMENT is effective the 1St day of January, 2003, by and between the TOWN OF ESTES PARK, COLORADO, a Colorado Municipal Corporation, hereinafter referred to as the. "Town", and ROCKY MOUNTAIN PARK INN LLC dba ROCKY MOUNTAIN PARK HOLIDAY INN, hereinafter referred to as "the Holiday Inn". WITNESSETH: WHEREAS, the Town has arranged for the design, financing, construction and operation of the Estes Park Conference Center, hereinafter referred to as the 'Conference Center"; and WHEREAS, the Town and the Holiday Inn desire for the Holiday Inn to manage and operate the Conference Center under the terms and conditions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term of Agreement. The term of this Agreement shall be from the effective date hereof to December 31, 2007, subject to the provisions of paragraph 31 of this Agreement. 2. Services to be Performed by the Holiday Inn. During the term of this Agreement, the Holiday Inn shall perform the following services for the operation of the Conference Center. These services are as follows: (a) The Holiday Inn will provide all necessary housekeeping for the Conference Center. These services shall include, but are not limited to, cleaning of the Conference Center, janitorial services and trash removal. Janitorial services include, but are not limited to, periodic carpet cleaning, periodic window washing, replacement of all restroom supplies, replacement of light bulbs, and periodic cleaning of furnishings and light fixtures. (b) In consideration of the maintenance history of the HVAC system for the Center, the Town will continue to perform necessary capital repairs to the system while the Holiday Inn will maintain a preventative maintenance contract, with a qualified repair service, for same system. The Holiday Inn shall perform all routine preventative repair and maintenance on the Conference Center due to normal wear and tear associated with the usage of the Conference Center. Said repair and maintenance shall include, but are not limited to, repairing and maintaining all of the various mechanical systems such as heating, air- conditioning, audio-visual systems, water and sewer services, and the repair of minor damage to the Conference Center caused by normal usage. The Town shall be responsible for major repairs to the Conference Center and its systems. The Holiday Inn shall submit a schedule of said routine preventative repair and maintenance, which shall be a part of the Operational Guidelines. (c) The Holiday Inn shall remove all snow and ice from the Conference Center walks, drives, patios, and parking areas. (d) The Holiday Inn shall provide upkeep for all landscaping on the entire Conference Center site, including maintenance, repair and winterization of all sprinkler systems servicing the site. Upkeep includes, but is not limited to, watering, weeding, fertilizing, trimming, mowing, mulching, aerating, and sweeping sidewalks, patios and drives. The Town shall annually replace all trees, shrubs and flowers that require replacement. (e) The Holiday Inn shall provide registration, conference coordination services and banquet management services for the Conference Center. Said services shall include at least one (1) designated employee who will be at the Conference Center during all functions using the Conference Center. (f) The Holiday Inn shall provide all normal and reasonable security for the Conference Center, excluding parking areas. The Holiday Inn shall be responsible for obtaining contract security at the request of any conferee. 3. Capital Improvements Budget. The Town shall consider adopting and appropriating, as part of its annual budget process, a Capital Improvements Budget for repair and replacement of all necessary equipment, fixtures, landscaping, structural components, mechanical systems and furnishings. Prior to the preparation of this Capital Improvements Budget, the Town shall consult with the Holiday Inn on those items, which need to be included in the Budget for the upcoming year. 4. Operational Guidelines. The Holiday Inn shall develop and submit to the Town a set of proposed Operational Guidelines for the Conference Center for each upcoming year. The parties agree to review said Operational Guidelines and agree on the final wording of said Operational Guidelines on or before January 31 st of each year. The Holiday Inn shall operate the Conference Center in accordance with the Operational Guidelines. 5. Periodic Review of Operations. The parties shall, on an ongoing and continuing basis as shall be reasonable and necessary, review the services provided pursuant to this Agreement. Such review shall include periodic written reports, guest- comment cards and meetings with Town Representatives. The Town shall be kept fully informed of all food and beverage service activities and operations. 6. Conference Room Rental. The Holiday Inn shall determine a room rental price for use of the Conference Center. Annually, on or before January 31St, the Holiday 2 Inn shall present to the Town a proposed price for all room rental fees for the next year. The Holiday Inn shall supply necessary financial information with the pricing for the Town to determine whether or not the cost of said room rental is reasonable in comparison with other room rental fees charged by conference centers of similar size and activities located within Colorado. The ,Town shall give written approval to the proposed room rental costs on or before March 1 st. If said approval is not given by March 1St, the Holiday Inn proposed pricing shall be deemed approved. In the event the Holiday Inn determines it is necessary to increase or decrease the room rental cost during any year period, they shall provide the Town with the proposed changes, including all necessary financial documentation upon which said cost increase or decrease is based. The Town shall, as soon as possible, review said proposed changes to determine whether or not said changes are reasonable under the terms of this paragraph. 7. Conference Centers Personnel. It shall be the sole responsibility of the Holiday Inn to provide the personnel necessary to fulfill its obligations pursuant to the terms of this Agreement. It is understood by the parties that there shall be no Town employees needed to operate and .maintain the Conference Center, except as specifically provided in this Agreement. 8. Annual Review of Resort's Performance. An annual review of the Holiday Inn performance under the terms and conditions of this Agreement shall be held in the month of January of each year. This review shall be based upon the terms and conditions set forth on Exhibit "AL attached hereto and incorporated herein by reference. 9. Service Agreement Fees. In consideration of the Holiday Inn providing the services herein, the Holiday Inn shall be entitled to keep all rental fees for the Conference Center. 10. Accounting. The Town and the Holiday Inn shall agree on a method of cost accounting of the Holiday Inn's operations pursuant to this Agreement. The Holiday Inn shall maintain books and records relating to its operation of the Conference Center under the terms of this Agreement in accordance with generally accepted accounting principles, separate from other books and records kept by the Holiday Inn for its other activities. The purpose of this cost accounting agreement is to provide the Town with data necessary to review the Holiday Inn's performance under the terms and conditions of this Agreement. 11. Marketing. The Town agrees to employ a full-time qualified, experienced marketing person whose time is dedicated at least 80% to directly and actively marketin4 the Conference Center during theterm of this Agreement. 12. Accommodation Rights. It is the understanding of the parties hereto that the Holiday Inn of Estes Park, Colorado will not have exclusive rights for the 3 Conference Center participants. All Conference Center participants shall be entitled to pursue accommodations of their own choice in the Estes Park area. However, the Town and the Holiday Inn agree to cooperate in the providing of accommodations at the Holiday Inn subject to the above provision. The Holiday Inn also agrees that for events of the appropriate size, it will cooperate with the Town in providing facilities at a market rate for those events in which both the Holiday Inn and the Conference Center are needed to accommodate the number of participants. 13. Utilities. The Town shall be responsible for all utilities, such as electricity, gas, water, telephone and sewer used at the Conference Center. The Holiday Inn shall be responsible for all utilities used by the Holiday Inn. The parties agree to separately meter the utility service. 14. Termination. Either party shall have the option of terminating this Agreement in the event of a default hereunder. (a) Default. The following shall, unless cured in accordance with Paragraph (b) below, constitute a default: (i) The filing of a voluntary petition for protection under federal bankruptcy laws, the failure to obtain dismissal of an involuntary petition under federal bankruptcy laws within thirty (30) days after filing; (ii) A discontinuance by the Holiday Inn of its business or abandonment of its activities at the Conference Center. (iii) A failure of either party to satisfactorily perform its duties under this Agreement. (b) Cure. The defaulting party shall have thirty (30) days after written notice specifying the nature of its default to cure said default. (c) Exercise of Termination Option. In the event of a default under Paragraph (a) (i) above, this Agreement shall terminate immediately upon delivery of written notice from the Town to the Holiday Inn of its election to terminate the Agreement. In the event of default under the other provisions of Paragraph (a) above, this Agreement shall terminate upon expiration of the cure period under Paragraph (b). 15. Independent Contractor. The Holiday Inn is not an agent or employee of the Town hereunder, and all of its activities relating to the Conference Center shall be in its capacity as an independent contractor to the Town. 16. Indemnification by The Holiday Inn. The Holiday Inn agrees to indemnify, 4 hold harmless and defend the Town and its officers, agents, insurers, self-insurance pool and employees from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney's fees arising out of or resulting from The Holiday Inn' intentional or negligent actions and/or omissions in operation of food and beverage concession under the terms and provisions of this Agreement. 17. Indemnification by the Town. The Town agrees to indemnify, hold harmless and defend the Holiday Inn, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney's fees arising out of or resulting from any negligent or intentional act and/or omission of the Town with regard to its operation of the Conference Center under the terms and provisions of this Agreement. 18. Notice of Claims. The Town and the Holiday Inn will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 19. Insurance. The parties agree to obtain and maintain the following insurance: (a) The Holiday Inn agrees to obtain general liability insurance of the types and in the amounts set forth from an insurance company licensed to do business in the State of Colorado. The Holiday Inn shall furnish to the Town certificates of insurance or copies of the policies, evidencing the required insurance on or before thirty (30) days prior to the commencement of any annual renewal period. So long as the Town is not in breach of this Agreement, the Holiday Inn agrees to secure and maintain the type and amounts of insurance as more fully set forth on Exhibit "B", attached hereto and incorporated herein by reference. (b) The Town agrees to obtain general liability insurance of the types and in the amounts set forth through its membership in the Colorado Intergovernmental Risk Sharing Agency, a municipal self-insurance pool.. Town shall furnish to the Holiday Inn certificates of insurance evidencing the required insurance on or before thirty (30) days prior to the commencement of any annual renewal period. So long as the Holiday Inn is not in breach of this Agreement, the Town agrees to secure and maintain the type and amounts of insurance as more fully set forth on Exhibit "B"1 attached hereto and incorporated herein by reference. 5 20. Covenant of Cooperation. The Holiday Inn agrees to provide to the Town prompt written notice of any injury suffered at the Conference Center, significant complaints, whether written or otherwise, about the Conference Center or its management, and actual anticipated disputes with or claims by third parties. The Holiday Inn further covenants to cooperate with the Town in resolving any such complaints, disputes or claims. 21. Assignment. The rights and obligations under this Agreement are not assignable by either party without the prior written consent of the other party. However, no such written consent shall be required for transfer by the Holiday Inn of its assets to any corporation or partnership controlled by Rex Maughan. The Holiday Inn may transfer its interest in the Holiday Inn Property, located next to the Conference Center, to any other party who meets the ownership requirements of Holiday Inns, or a comparable standard with the written consent of the Town. Any transfer of the Holiday Inn property shall require that the transferee agree to assume the Holiday Inn's interest in this Agreement. 22. Parties' Representatives. Whenever, under the provisions of this Agreement, the approval of the Town or the Holiday Inn is required, or the Town or the Holiday Inn is required to take some action at the request of the other, unless otherwise provided, such approval or such request shall be given for the Town by the Town's Representative and for the Holiday Inn by the Holiday Inn's Representative. The Town and the Holiday Inn shall be authorized to act on any such approval or request. The parties agree to provide written notice to each other of their Representative on or before January 1 st of each year during the term of this Agreement. 23. Notices. All notices, demands or other documents required or desired to be given, made or sent to either party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested, as follows: TOWN OF ESTES PARK ROCKY MOUNTAIN PARK INN, Town Administrator LLC dba ROCKY MOUNTAIN Post Office Box 1200 PARK HOLIDAY INN Estes Park, CO 80517 Forever Corporate Plaza 7501 E. McCormick Parkway Scottsdale, AZ 85258 with a copy to: Gregory A. White R. Jay Lloyd 1423 W. 29* Street Forever Corporate Plaza Loveland, CO 80538 7501 E. McCormick Parkway Scottsdale, AZ 85258 The address for notices may be changed by written notice given to the other party as 6 provided above. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and this Agreement supersedes all prior letter agreements and correspondence with respect to the subject matter of this Agreement. 25. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and venues for any civil action with resped thereto shall be proper only in Larimer County, Colorado 26. Attorney's Fees. In the event either party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the term and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all reasonable attorney's fees, court costs and reasonable expert witness fees incurred as a result of such proceedings. 27. Parties Bound. With the exception of the limitation on the assignability of this Agreement as provided above, this Agreement shall bind the respective personal representatives, heirs, successors and assigns of the parties hereto. 28. Legal Construction. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 29. Prior Rights of Bond Holder and Trustee. The Town has financed the acquisition, construction and equipping of the Conference Center pursuant to the Estes Park Conference Center Lease Purchase Agreement dated November 15, 1989, by and between the Town of Estes Park and the Estes Park Urban Renewal Authority, and the Ground Lease Agreement dated November 15, 1989, by and between the Town of Estes Park and Rex Maughan, d/b/a Forever the Holiday Inn. The parties understand and agree that all rights under this Agreement are subordinate and subject to the foregoing commitments by the Town. 30. Holiday Inn Affiliation. Holiday Inn is a franchise of Holiday Inn of America of its operation in Estes Park. The Town agrees that the Holiday Inn shall have the right to terminate its affiliation with Holiday Inn and affiliate with another nationally recognized hotel/motel organization or become an independent operation. This new affiliation or independent status shall be subject to the prior written approval of the Town, which shall not be unreasonably withheld. 31. Annual Renewal. The Town shall have the right, in its sole discretion, to 7 terminate this agreement on December 31St of each calendar year with or without cause. Said termination shall be exercised by the Town giving the Holiday Inn written notice of said termination at least sixty days prior to December 31St of a calendar year. In the event that such notice of termination is not given by the Town, this Agreement shall continue in force and effect throughout its term. 32. Default of Service Agreement. Contemporary with the execution of this Agreement, the Town and the Holiday Inn have entered into the Service Agreement. A default by either party under the terms and conditions of the Service Agreement shall be a default under the terms and conditions of this Agreement. In the event of a default of the terms and conditions of the Service Agreement, said default shall be governed by the provisions of paragraph 14 of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk ROCKY MOUNTAIN PARK INN LLC dba ROCKY MOUNTAIN PARK HOLIDAY INN By: 8 SERVICE AGREEMENT EXHIBIT "A" HOLIDAY INN STANDARDS MANUAL - Current Addition including any amendments • Rules of Operation • Service Standards • Facility Standards • Product Quality Evaluation 9 SERVICE AGREEMENT EXHIBIT "B" Insurance The Holiday Inn and the Town shall provide General Liability Insurance in the following amounts: 1. $1,000,000.00 single limit; 2. $100,000.00 for property damage for any occurrence; and 3. The Town or the Holiday Inn shall be named as an additional insured on said policy. The parties understand and agree that the Town is relying on and does not waive or intend to waive, by any provision of this Agreement, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunities Act, 24- 10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the Town and any of its officers, agents or employees. The parties further understand and agree that in the event the monetary limitations of the Colorado Governmental Immunities Act are increased to over $1,000,000.00 for general liability purposes, the Town and the Holiday Inn shall provide insurance at least in the amounts provided in any amendment to the Colorado Governmental Immunities Act. Said insurance policies shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interests of any insured party without first giving written notice thereof to such party or parties at least 30 days in advance of such cancellation or modification. The public liability insurance required by the section may be by blanket insurance policy or policies. If the Town shall insure against similar risks by self-insurance, the Town may provide for public liability with respect to the Conference Center, partially or wholly, by means of an adequate self-insurance fund. 10 FOOD AND BEVERAGE CONCESSION AGREEMENT THIS AGREEMENT is effective the 1 st day of January, 2003, by and between the TOWN OF ESTES PARK, COLORADO, a Colorado Municipal Corporation, hereinafter referred to as the "Town", and ROCKY MOUNTAIN PARK INN LLC, dba ROCKY MOUNTAIN PARK HOLIDAY INN, hereinafter referred to as "the Holiday Inn". WITNESSETH: WHEREAS, the Town has arranged for the design, financing, construction and operation of the Estes Park Conference Center, hereinafter referred to as the "Conference Center"; and WHEREAS, the Town and the Holiday Inn desire for the Holiday Inn to provide food and beverage service to the Conference Center under the terms and conditions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term of Agreement. The term of this Agreement shall be from the effective date hereof to December 31, 2007, subject to the provisions of paragraph 26 of this Agreement. 2. Services to be Performed by the Holiday Inn. During the term of this Agreement, the Holiday Inn shall perform the following services for the operation of the Conference Center. These services are as follows: (a) The Holiday Inn shall provide all necessary food and beverage services, including liquor service, to the Conference Center. The Holiday Inn shall be entitled to charge the participants at the Conference Center for these food and beverage services in accordance with the provisions of Paragraph 4 of this Agreement. (b) The Holiday Inn shall provide all inventory necessary for use in the Conference Center for food and beverage service. Inventory shall include, but not be limited to the following: china, silverware, glassware, trays, tray stands, linens, portable bars, service carts, warming and refrigerating carts, ash trays, bread baskets and condiment dishes. The Holiday Inn shall continue to maintain the amount of inventory necessary to fulfill the obligations of this Agreement. (c) The Holiday Inn shall provide all necessary licenses and permits for operation of the food and beverage concession at the Conference Center, such as liquor licenses, sales tax licenses and business licenses. 3. Periodic Review of Operations. The parties shall, on an ongoing and continuing basis as shall be reasonable and necessary, review the services provided pursuant to this Agreement. Such review shall include periodic written reports, guest- comment cards and meetings with Town Representatives. The Town shall be kept fully informed of all food and beverage service activities and operations. 4. Food and Beverage Operations. The Holiday Inn shall provide facilities for food and beverage service to the Conference Center. In consideration of providing these food and beverage services, the Holiday Inn shall receive exclusive rights to the food and beverage concessions of the Conference Center. Annually, on or before January 31 St, the Holiday Inn shall present to the Town proposed prices for all food and beverage services for the next year. The Holiday Inn shall supply necessary financial information with the pricing for the Town to determine whether or not the price of said service is reasonable in comparison with other food and beverage concessions servicing conference centers of similar size and activities located within Colorado. The Town shall give written approval to the proposed food and beverage price on or before March 1 st of each year of this Agreement. If said approval is not given by March 1 st, the Holiday Inn proposed pricing shall be deemed approved. In the event the Holiday Inn determines it is necessary to increase or decrease the price of food and beverage service during any year period, they shall provide the Town with the proposed changes, including all necessary financial documentation upon which said price increase or decrease is based. The Town shall, as soon as possible, review said proposed changes to determine whether or not said changes are reasonable under the terms of this paragraph. 5. Conference Centers Personnel. It shall be the sole responsibility of the Holiday Inn to provide the personnel necessary to fulfill its obligations pursuant to the terms of this Agreement. It is understood by the parties that there shall be no Town employees needed to provide food and beverage services for the Conference Center, except as specifically provided in this Agreement. 6. Annual Review of the Holiday Inn Performance. An annual review of the Holiday Inn performance under the terms and conditions of this Agreement shall be held in the month of January of each year. This review shall be based upon the terms and conditions set forth on Exhibit "A", attached hereto and incorporated herein by reference. 7. Fees. In consideration of the granting to the*Holiday Inn of the exclusive license for the food and beverage concession for the Conference Center, the Holiday Inn shall pay an annual fee in accordance with the schedule set forth on Exhibit "B", attached hereto and incorporated herein by reference. Said fee shall be payable on or before December 1 of each year. 2 8. Accounting. The Town and the Holiday Inn shall agree on a method of cost accounting of the Holiday Inn's operations pursuant to this Agreement. The Holiday Inn shall maintain books and records relating to its operation of the food and beverage concession at the Conference Center under the terms of this Agreement in accordance with generally accepted accounting principles, separate from other books and records kept by the Holiday Inn for its other activities. The purpose of this cost accounting agreement is to provide the Town with data necessary to review the Holiday Inn's performance under the terms and conditions of this Agreement. 9. Termination. Either party shall have th& option of terminating this Agreement in the event of a default hereunder. (a) Default. The following shall, unless cured in accordance' with Paragraph (b) below, constitute a default: (i) The filing of a voluntary petition for protection under federal bankruptcy laws, the failure to obtain dismissal of an involuntary petition under federal bankruptcy laws within thirty (30) days after filing; (ii) A discontinuance by the Holiday Inn of its business or abandonment of its activities at the Conference Center. (iii) A failure of either party to satisfactorily perform its duties under this Agreement. (b) Cure. The defaulting party shall have thirty (30) days after written notice specifying the nature of its default to cure said default. (c) Exercise of Termination Option. In the event of a default under Paragraph (a) (i) above, this Agreement shall terminate immediately upon delivery of written notice of election to terminate the Agreement. In the event of default under the other provisions of Paragraph (a) above, this Agreement shall terminate upon expiration of the cure period under Paragraph (b). 10. Independent Contractor. The Holiday Inn is not an agent or employee of the Town hereunder, and all of its activities relating to the Conference Center shall be in its capacity as an independent contractor to the Town. 11. Indemnification bv The Holiday Inn. The Holiday Inn agrees to indemnify, hold harmless and defend the Town and its officers, agents, insurers, self-insurance pool and employees from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney's fees arising out of or resulting from the Holiday Inn's intentional or negligent actions and/or omissions in operation of food and beverage concession under the 3 terms and provisions of this Agreement. 12. Indemnification bv the Town. The Town agrees to indemnify, hold harmless and defend the Holiday Inn, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorney's fees arising out of or resulting from any negligent or intentional act and/or omission of the Town with regard to its operation of the Conference Center under the terms and provisions of this Agreement. 13. Notice of Claims. The Town and the Holiday Inn will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 14. Insurance. The parties agree to obtain and maintain the following insurance: (a) The Holiday Inn agrees to obtain general liability insurance of the types and in the amounts set forth from an insurance company licensed to do business in the State of Colorado. The Holiday Inn shall furnish to the Town certificates of insurance or copies of the policies, evidencing the required insurance on or before thirty (30) days prior to the commencement of any annual renewal ·period. So long as the Town is not in breach of this Agreement, the Holiday Inn agrees to secure and maintain the type and amounts of insurance as more fully set forth on Exhibit "C", attached hereto and incorporated herein by reference. (b) The Town agrees to obtain general liability insurance of the types and in the amounts set forth through its membership in the Colorado Intergovernmental Risk Sharing Agency, a municipal self-insurance pool. The Town shall furnish to the Holiday Inn certificates of insurance evidencing the required insurance on or before thirty (30) days prior to the commencement of any annual renewal period. So long as the Holiday Inn is not in breach of this Agreement, the Town agrees to secure and maintain the type and amounts of insurance as more fully set forth in Exhibit "C", attached hereto and incorporated herein by reference. 15. Covenant of Cooperation. The Holiday Inn agrees to provide to the Town prompt written notice of any injury suffered as a result of operation of the food and beverage concession at the Conference Center, significant complaints, whether written or otherwise, about the Conference Center or its management, and actual anticipated disputes with or claims by third parties. The Holiday Inn further covenants to cooperate with the Town in resolving any such complaints, disputes or claims. 4 16. Assignment. The rights and obligations under this Agreement are not assignable by either party without the prior written consent of the other party. However, no such written consent shall be required for transfer by the Holiday Inn of its assets to any corporation or partnership controlled by Rex Maughan. The Holiday Inn may transfer its interest in the Holiday Inn Property, located next to the Conference Center, to any other party who meets the ownership requirements of the Holiday Inn, or a comparable standard with the written consent of the Town. Any transfer of the Holiday Inn property shall require that the transferee agree to assume the Holiday Inn's interest in this Agreement. 17. Parties' Representatives. Whenever, under the provisions of this Agreement, the approval of the Town or the Holiday Inn is required, or the Town or the Holiday Inn is required to take some action at the request of the other, unless otherwise provided, such approval or such request shall be given for the Town by the Town's Representative and for the Holiday Inn by the Holiday Inn's Representative. The Town and the Holiday Inn shall be authorized to act on any such approval or request. The parties agree to provide written notice to each other of their Representative on or before January 1 st of each year during the term of this Agreement. 18. Notices. All notices, demands or other documents required or desired to be given, made or sent to either party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested, as follows: TOWN OF ESTES PARK ROCKY MOUNTAIN PARK INN Town Administrator LLC dba ROCKY MOUNTAIN Post Office Box 1200 PARK HOLIDAY INN Estes Park, CO 80517 Forever Corporate Plaza 7501 E. McCormick Parkway Scottsdale, AZ 85258 with a copy to: Gregory A. White R. Jay Lloyd 1423 W. 29~ Street Forever Corporate Plaza Loveland, CO 80538 7501 E. McCormick Parkway Scottsdale, AZ 85258 The address for notices may be changed by written notice given to the other party as provided above. 19. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and this Agreement supersedes all prior letter agreements and correspondence with respect to the subject matter of this Agreement. 5 20. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. .21. Attorney's Fees. In the event either party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the term and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all reasonable attorney's fees, court costs and reasonable expert witness fees incurred as a result of such proceedings. 22. Parties Bound. With the exception-of the limitation on the assignability of this Agreement as provided above, this Agreement shall bind the respective personal representatives, heirs, successors and assigns of the parties hereto. 23. Legal Construction. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 24. Prior Rights of Bond Holder and Trustee. The Town has financed the acquisition, construction and equipping of the Conference Center pursuant to the Estes Park Conference Center Lease Purchase Agreement dated November 15, 1989, by and between the Town of Estes Park and the Estes Park Urban Renewal Authority, and the Ground Lease Agreement dated November 15, 1989, by and between the Town of Estes Park and Rex Maughan, d/b/a Forever Resorts. The parties understand and agree that all rights under this Agreement are subordinate and subject to the foregoing commitments by the Town. 25. Holiday Inn Affiliation. Holiday Inn is a franchise of Holiday Inn of America for its operation in Estes Park. The Town agrees that the Holiday Inn shall have the right to terminate its affiliation with Holiday Inn and affiliate with another nationally recognized hotel/motel organization or become an independent operation. This new affiliation or independent status shall be subject to the prior written approval of the Town, which shall not be unreasdnably withheld. 26. Annual Renewal. The Town shall have the right, in its sole discretion, to terminate this agreement on December 31St of each calendar year with or without cause. Said termination shall be exercised by the Town giving the Holiday Inn written notice of said termination at least sixty days prior to December 31St of a calendar year. In the event that such notice of termination is not given by the Town, this Agreement shall continue in force and effect throughout its term. 6 27. Default of Service Agreement. Contemporary with the execution of this Agreement, the Town and the Holiday Inn have entered into the Service Agreement. A default by either party under the terms and conditions of the Service Agreement shall be a default under the terms and conditions of this Agreement. In the event of a default of the terms and conditions of the Service Agreement, said default shall be governed by the provisions of paragraph 9 of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk ROCKY MOUNTAIN PARK INN LLC dba ROCKY MOUNTAIN PARK HOLIDAY INN By: 7 FOOD & BEVERAGE CONCESSION AGREEMENT EXHIBIT "A" HOLIDAY INN STANDARDS MANUAL - Current Addition including any amendments • Rules of Operation • Service Standards • Facility Standards • Product Quality Evaluation 8 EXHIBIT "B" Payment for Food and Beverage Concession The following payments shall be made by the Holiday Inn to the Town on or before December 1 of each of the years in which this Agreement is in force and effect. 2003 $17,290 2004 $18,000 2005 $21,000 2006 $21,000 2007 $21,000 9 FOOD & BEVERAGE CONCESSION AGREEMENT EXHIBIT "C" Insurance The Holiday Inn and the Town shall provide General Liability Insurance in the following amounts: 1. $1,000,000.00 single limit; 2. $100,000.00 for property damage for any occurrence; and 3. The Town or the Holiday Inn shall be named as an additional insured on said policy. The parties understand and agree that the Town is relying on and does not waive or intend to waive, by any provision of this Agreement, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunities Act, 24- 10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the Town and any of its officers, agents or employees. The parties further understand and agree that in the event the monetary limitations of the Colorado Governmental Immunities Act are increased to over $1,000,000.00 for general liability purposes, the Town and the Holiday Inn shall provide 9 insurance at least in the amounts provided in any amendment to the Colorado Governmental Immunities Act. Said insurance policies shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it matdrially and adversely to the interests of any insured party without first giving written notice thereof to such party or parties at least 30 days in advance of such cancellation or modification. The public liability insurance required by the section may be by blanket insurance policy or policies. If the Town shall insure against similar risks by self-insurance, the Town may provide for public liability with respect to the Conference Center, partially or wholly, by means of an adequate self-insurance fund. 10 RESOLUTION NO. 17-03 WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91 pertaining to "containment" within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District, Number (3) Exceptions). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for "Celebrate Estes" Event being sponsored by the Estes Park Chamber of Commerce that is scheduled December 6 and 7,2003: 1. Hours of operation shall be from 10:00 a.m. - 5:00 p.m. 2. Businesses will be allowed to sell merchandise in front of their store only during the hours specified above. 3. Each business will be allowed one (1) outside selling space. 4. Sidewalk displays shall provide a minimum clearance of 4' for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 5. Those merchants without sidewalk frontage may reserve a space in Bond Park by contacting Deeva Boleman at 586-4433. 6. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this event. DATED this day of ,2003. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 2004 RENTAL RATES Amended 10/13/98; Amended 11/11/03 - Effective 01/01/04 ARENAS: (3 outdoor) Arena A - includes grandstand and P.A. System With stall rental $250.00/day Without stall rental $500.00/day Arena B - $150.00/day Arena C - includes bleachers & P.A. System $150.00/day Arena D-" $150.00/day Arena E - includes bleachers $150.00/day 1. One warm-up arena is provided with rental of one arena. 2. Includes working of arena twice during the day. (Water and harrow before event begins and one additional). 3. Arena lights: 1St hour no charge; additional hours billed at an hourly rate. BARN W: Without stalls $200-500/day Negotiable BLACKSMITH SHOP: $ 25.00/day HORSE SHOW OFFICE or COMMITTEE ROOM: $ 35.00/day COMMUNITY BUILDING: $100.00/day Negotiable HORSE BARNS: A two-night stall rental is required for a minimum of $1,800/night. For shows with less than 180 stall rentals, fairgrounds staff will negotiate the minimum fee for additional nights. Stall rental does not include bedding or cleaning of stalls during shows. C-1 Stall charges are as follows: East Stalls (370) 9x9 , $ 8.00/day East Tack Stalls $ 3.00/day West Stalls (202) $ 10.00/day MANURE DISPOSAL FEE: Per bedded stall $ 3.00 STAGE, Portable (16'x23'): $150.00/day DUMP STATION: $ 5.00/use CAMPER SPACE: With show ground rental: Water and Electric hook-ups $ 15.00/day Dry camping 8.00/day RV Rally rental: Water and electric hook-ups $ 18.00/day Dry camping 10.00/day Campground available for RV Rallies or with events renting only the Fairgrounds. Campground unavailable for public use. RV Rallies subject tb approval in writing by local RV campgrounds stating they are unable to accommodate the rally. TENTS: Tents are rented only if local Rent-All is unable to provide, and then, at the going rate. Tent regulations are available upon request. Based upon usage, grounds rental requests for festivals, rallies, etc. will be determined on an individual basis by fairgrounds staff with confirmation by the Estes Park Board of Trustees. C-2 AGREEMENT TH[S AGREEMENT, made this day of 200 , by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as party of the first part, and Estes Valley Productions, Inc., as party of the second part, WITNESSETH: WHEREAS, the second party desires to hold a musical festival at the Stanley Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold the event on the following dates: Set-Up - August 24 - 26,2004 Performances - 2 days to be determined by Estes Valley Productions, Inc. Take-Down - August 29 & 30,2004 2. First party agrees to furnish to second party the use of the entire Stanley Park Fairgrounds as herein provided. 3. RENTAL. The rental of Stanley Park Fairgrounds shall be assessed as follows: a) Access to the entire grounds for parking and staging with the exception of the East Stall area. b) Cost for the four days is $4,600 plus 25¢ per ticketed person per day. Second party will pay to the first party $2,000 by January 30,2004 with the balance of $2,600 payable on or before August 1, 2004. The 25¢ per ticketed person will be paid by September 15, 2004. Cancellation by the second party from January 30,2004 up to 90 days prior to the event will result in a non- refundable deposit of $500.00 and 89 days to event non-refundable deposit of $2,000.00. 4. First party shall not be obligated to provide any service, security, or equipment to second party. A Stanley Park staff person will be on grounds during the event for any emergency maintenance. Use of gazebos, 20 X 40 tents and bleachers is included with adequate notice being given to staff. Second party to furnish a set-up map and a list of equipment needs to the first party no later than August 10, 2004. 5. The second party agrees to provide: a) Adequate trash roll-offs/dumpsters b) Adequate port-a-lets c) Security d) Traffic control e) Staging to include sound and lights 6. The parties agree that the following provisions shall govern damages, liabilities, insurance and waivers: a) The second party shall pay to the first party the total cost of all repairs incurred by first party or its customers to repair any damage to any of the facilities, including railings, fencing, and water supply fixtures. The second party shall pay to the first party any clean-up fees including expense for trash pickup. b) The second party agrees to indemnify and hold harmless the first party, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part, by the act, omission,· error, professional error, mistake, negligence, or other fault of the second party or any officer, employee, contestant, exhibitor, representative, agent, or subcontractor of the second party, or which arise out of any workmen's compensation claim of any employee of the second party or of any employee of any subcontractor of the second party. The second party agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the second party. The second party also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees incurred by first party, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. (c) The second party agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the second party pursuant to this Section 10. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The second party shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Section 10 by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. (d) Second party shall procure and maintain, and shall cause any subcontractor of the second party to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Town. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the second party pursuant to this Section 10. In the case of any claims made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (1) Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of activities under this Agreement. (2) General Liability insurance with minimum limits of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) each occurrence and SIX HUNDRED THOUSAND DOLLARS ($600,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (e) The policy required by paragraph (2) above shall be endorsed to include the first party and the first party's officers, employees, and volunteers as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the first party, its officers, or its employees, or carried by or provided through any insurance pool of the first party, shall be excess and not contributory insurance to that provided by second party. No additional insured endorsement to the policy shall contain any exclusion for bodily injury or property damage arising from completed operations. The second party. shall be solely responsible for any deductible losses under any policy required above. (f) . The parties hereto understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently ($150,000) each occurrence and ($600,000) aggregate) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the Town, its officers, employees or agents. (g) The certificate of insurance provided by the first party shall be completed by the second party's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the first party 60 days prior to commencement of the events. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days prior written notice has been given to the first party. 7. The first party shall provide parking areas for motor vehicles and trailers at Stanley Park, subject to such rules and regulations that the first party may deem necessary. - No public over night campers or tents will be allowed. 8. All dogs and other small animals that are on first party's property must be on a leash and under the control of the owner or the custodian of said animals. The provisions of Chapter 7.12 of the Estes Park Municipal Code will apply to all dogs on the first party's property. 9. The first party's representative of Stanley Park is: Linda Hinze, Executive Director P. O. Box 1967 Estes Park, Colorado 80517 970/586-6104 E-mail 1hinze@estes.org 10. The second party's representative for this contracted event is: John Spahnle Wini Spahnle 970/586-4299 11. All the participants, guests and employees of the second party shall comply with the ordinances, rules, and regulations of the Town of Estes Park and the statutes of the State of Colorado. 12. Second party understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the second party is not entitled to unemploYment or insurance benefits through the Town. Also, the second partv understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Second party also understands and agrees that it is responsible for worker's compensation coverage and taxes for itself and anv emplovee. 13. This contract represents the entire agreement between the parts and shall not be amended by either of the parties hereto without written consent of the other party. 14. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. PARTY OF THE FIRST PART: TOWN OF ESTES PARK BY: Attest: Town Clerk PARTY OF THE SECOND PART: BY: John Spahnle Estes Valley Productions, Inc. 11 I LEASE THIS LEASE, made and entered into this date of , 2003, between ·the TOWN OF ESTES PARK, municipal corporation, hereinafter referred to as Lessor, and the LIONS CLUB OF ESTES PARK, COLORADO, a Colorado Nonprofit Corporation, hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows to-wit: SEE EXHIBIT A - The bordered areas on the attached exhibit show the areas for the exclusive use of the Lessee and the 3..2 liquor license area. TO HAVE AND. TO HOLD, the above described premises with the appurtenances, unto Lessee from January 1, 2004 through December 31, 2005, and Lessee in consideration of the leasing of said bremises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, fifteen percent (15%) of the gross sales from the operation of Concession Stand on the first $50,.000 and ten percent (10%) of the gross sales over the first $50,000. For the purposes of this Lease, gross sales shall be the total amount of funds realized from all sales of food and beverages from the concession stand, less sales tax, sales tax license fee, food license fee, and liquor liability insurance. Lessee shall be entitled to deduct from the yearly rent, an amount equal to. the annual license fees paid to the Town of Estes Park and the State of Colorado for the 3.2% beer license. Said rent shall be due and payable to the Estes Park Fairgrounds Director on or before the 18.t day of December, during the term hereof beginning on January 1, 2004. 2. To.keep complete and accurate records of Lessee's operation of the concession stand and submit to the Town of Estes Park a record of the gross receipts from the Stand for each show. In addition, a table of calculations would be submitted showing the amount due the Town of Estes Park. 3. To be liable for repairs and maintenance of all items identified as property of the Lions Club of Estes Park as set forth in the inventory list (Exhibit B). The Lessor shall be liable for repairs and maintenance of all other equipment on the inventory list identified as .property of the Town of Estes Park. In addition, the Lessor agrees to pay for maintenance of the interior and exterior of the building in accordance with structural codes and health standards. For general maintenance, ·i. e. painting and minor improvements, the Lessor will pay for the materials and the Lessee will provide manpower. 4. To keep the Concession Stand and table areas safe and clean and in such order as may be required by the regulations of any governmental authority. This will include the picnic tables and surrounding area. Lessor will provide for adequate trash and garbage disposal. 5. Not.to alter the structural integrity of the building in any manner, except with the Lessor's written consent. 6. To allow Lessor or its agents to have free access to the demised premises for the purposes of examining or inspecting the condition of the same or the operation of the Concession-Stand. 7. To furnish to Lessor a written physical inventory of the equipment presently'located in the demised premises. Lessee shall keep said inventory durrent by written notice to Lessor, whenever there are any additions to+equipment. Each listing shall designate the ownership by either the Lions Club of Estes Park or The Town'of Estes Park. 8. Lessee agrees to procure and maintain during the term of this Lease, the-following insurance coverages.: A. Comprehensive General Liability Insurance of at least-$150,000.00 per injury and $600,00.00-per occurrence. B. Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $150,000.00 per injury and $600,000.00 per occurrence. The Lessee and the Lessor understand and agree' that the Town is relying on, and does not intend to waive, by any provision ·of this Lease, the monetary limitations (presently $150,000.00 per injury and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. D. The Le'ssor shall be named as an additional insured on said policies. 9. It is agreed by the parties 'hereto: A. All items on the equipment list owned by the Lessor, all improvements, and all fixtures and equipment shall become the property of Lessor when permanently placed or affixed in the demised premises., and said improvements fixtures and equipment shall be insured at the Lessor' s expense. B. Lessee shall have the concession for the sale of all food and drink, for the Stanley Park Grandstand Area and for the blacktop in front on the Stanley Park Grandstand Area as described on Exhibit "A" attached hereto and incorporated herein by reference during the term of this Lease. The Lessor specificilly reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit "A" . The Lessor shall allow other concessionaires only during events which, in the judgment of the Lessor, are deemed unserviceable by Lessee alone. C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Area, and when Lessor requests that the Concession Stand be operated for the other events at Stanley Park with reasonable advanced notice. -Lessor will provide the Lessee a schedule of events for'the season at least three weeks prior to the start of the first event of the season. Changes that effect the operation of the Stand or require the services of the Lessee will be presented to the Lessee and jointly the two parties will negotiate whether the Lessee can handle the situation or event. Lessee agrees to work with the rentdr of the grounds and comply with their mandatory open hours of operation. D. If Lessee shall fail to comply with the conditions of this Lease, or should not well and truly perform all and every one of the covenants and agreements herein contained on the part of the Lessee to be performed and kept, then this Lease shall, at the option of Lessor, cease and absolutely terminate. Notice of such termination shall be delivered to either the then acting President or the then acting Secretary of Lessee. In the event of a default by either party in the terms and conditions hereof, the non-defaulting party shall give the d&faulting party ten (10) days' notice in writing of said default. If said default is not cured within said ten (10) day period, the non= defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages or terminate the Lease. Damages shall include all·reasonable attorney's fees and court costs incurred by the non-defaulting party. E. In the event that changes occur which materially affect the operation of the demised premises, either party shall have the option to request that this Lease be renegotiated. F. Lesse9 may operate the Concession Stand other than at events scheduled at Stanley Park Fairgrounds by the-Town of Estes Park through the Estes Park Fairgrounds Director. Lessee will pay the Town as rent for the events cbvered by this specific Paragraph five percent (5%) of the gross sales minus sales taxes from the operation of this Concession Stand during these events. For the purpose of this specific paragraph only, gross sales shall be defined to mean the total amount of funds realized from all sales of food, and beverage from the Concessi-on Stand exclusive of sales taxes. 10. Lessee·understands and agrees that it is an independent contractor under the terms and conditions of this agreement. As such, the Lessee is not entitled to unemployment or insurance benefits through the Town. Also, the Lessee understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. Lessee also understands and agrees that it is responsible for worker's compensation coverage and taxes for itself and any employee. 11. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall· be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said·: notice shall be mailed, postage prepaid as follows: LESSOR ~· - LESSEE Town of)Este-s Park Lions Club of Estes Park, CO Attni Spdcial Events Director P. O. Box 2016 P. O. Box 1967 Estes Park, CO 80517 Estes Park, CO 80517 IN WITNESS WHEREOF, the parties have set their hands the day and year first above 'written. TOWN of ESTES PARK< COLORADO By: Mayor ATTEST: Town Clerk LESSOR LIONS CLUB OF ESTES PARK, COLORADO 0 (0 1\ , .. 31: ( 4 /.©R-JAX,AR /1 4.15rRRA LJO ' L President ~ ATTE* Ul*)' setletary ~ LESSEE 1 ..0 H 1 /---~L---2-3 ' \J --* U Un \ \ eSa 4 -1--r:'62:==:z___ » U-1 ff yr=---; a . 0 01 90 0 4 p*Jalls// 041 Q / 2 'r- fig·Of i-* Al.1 1.5 6 . *f» y. go; / N-y of k 2 a 7<:E 964, te AN,f??67 6 /2 A '22 4 \ . 0 1 / 4 -*.T./ 9.<3- i,~R y, liy,/ u i . k .* 734 -y Vt'-Pja i X ' 6. 14 1 N /J 2 0 7. 1·1 r . t f mm / U . // 1 Estes Park Housing Authority (EPHA) Board Meeting Date: September 10,2003 Members Present: Susan Doylen, Karla Porter, Eric Blackhurst, Catherine Jensen Members Absent: Jack Dinsmoor Staff Present: Rita Kurelja, Sam Betters, Rich Ekwall, Frank Lans, Others Present: Joe Wise Guests: The September 10,2003 meeting of the Estes Park Housing Authority was called to order by Chairperson Susan Doylen at 8:40 a.m. in Room 203 of the Estes Park Municipal Building APPROVAL OF MINUTES Motion was made to approve the August 13, 2003 minutes of Estes Park Housing Authority Board of Directors meeting by Eric Blackhurst and seconded by Catherine Jensen. Vote was called for- All voted Aye. Motion to approve the August 13,2003 minutes passed. FINANCIAL REPORTS - No Financials COMMITTEE REPORTS- Sue Doylen mentioned the letter she had received from Maryann Kundtz. DEVELOPMENT UPDATES Talon's Pointe Apartments- Rich Ekwal reported all is ahead of schedule. Leasing- Frank Lans reported that 33 leases have been signed to date. 5 or 6 more were spoken for. Vista Ridge Development- Rich reported that Sinnett Builders are now approximately 3 weeks behind schedule due to a delay in getting the Cabinets. It is believed that Sinnett placed the order late. Alternatives are being investigated. Will make every effort to have the unit due to close on 9/30 ready on time. Sam suggested we give Sinnett our drop dead dates. John Spooner and Dave Lingle are ready to go with phase 2. Rich will be distributing plans for bids to Sinnett, Drahota and Coe. All agreed. Marketing- Joe Wise reported that 6 of the affordable units are now under contract and one market rate. Will schedule a Board of Realtors tour when the model unit is nearer to completion. Rita reported on the FHA update- still in review. Open House Sam reported on the open house Fannie Mae will be holding for Vista Ridge. Wayne Allard will speak. Sam suggested Joe and Rita get together to work on. Will have DOH and Bank, Sue and Investors do a presentation. Joe contacted Disabled Resources regarding the Handicap Unit. Don Marhoney will but in front o f their Board of Directors. EPHA Board Meeting Minutes Page 1 COMMITTEE REPORTS Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Cleave Street Frank reported there is still one vacancy OTHER BUSINESS- Sam told the Board that Frank Lans had resigned his position with his last day to be 9/26. Frank was thanked for all of his hard work. Rita reported that the community coalition no longer has a member from the Housing Authority since Lee Kundtz's death. Karla Porter suggested that instead of having one of our members at their meetings that we invite one of their members to attend the EPHA meetings. Rita will contact and perhaps make a presentation periodically. Discussion on the future of the EPHA including becoming financially independent, gradually phasing out the dependency of the Town and HACOL. Sam will put together a financial projection. ADJOURN No further discussion motion to adjourn was made and seconded. All voted Aye and meeting was adjourned at 9:39 am. Respectfully submitted, Rita Kurelja Estes Park H6using Authority Program Manager EPHA Board Meeting Minutes Page 2 RECORD OF PROCEEDINGS *I---Ip-...F..I--*-I. .# /£.*-9.J:* .~ -h-~ . r <dr *44-'.1. ·,. >~. 43,~.k 1 - , . .- 1/* T ';22-TZ-M Regular Meeting of the Estes Valley Board of Adjustment October 7,2003,7:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Jeff Barker, Members Bill Horton, Wayne Newsom, Al Sager, and Cliff Dill Attending: Chair Baker, Members Horton and Sager Also Attending: Director Joseph, Planner Shirk and Planner Chilcott and Recording Secretary Williamson Absent: Wayne Newsom and Cliff Dill Chair Barker called the meeting to order at 7:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Barker advised all items would remain open to public comment after 8:00 a.m. and no votes taken until 8:00 a.m. due to the earlier than published start of the meeting. This procedure was adhered to for all items on the agenda. 1. CONSENT AGENDA a. The minutes of the September 9,2003 meeting. 2. LOT 3, MURPHY SUBDIVISION, 350 STANLEY AVENUE, APPLICANT: JOY BRYANT - VARIANCE REQUEST FROM SECTION 5.2.D.8 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This is a request for a six foot variance from the ten foot building separation requirement to build a carport four feet from the northern side of the existing duplex. The dimensions of the proposed carport are twenty-two feet wide by twenty-two feet long for a 484 square foot footprint. The site plan shows a second carport on the southern side of the duplex. A variance is not requested for this carport; however, the location shown for the second carport does not comply with the ten foot building separation requirement and will need to be relocated prior to Planning sign off on the building permit. The existing duplex is a legal nonconforming use that can continue in accordance with EVDC Chapter 6. There are special circumstances associated with this lot. The lot is undersized for the "E" Estate zoning district. This lot has platted setbacks that are more restrictive than the EVDC building/structure setbacks. The request is a sixty percent variance and is substantial. The proposed addition may not substantially alter the essential character of the neighborhood. The applicant could build a carport in the flat, grassy area to the west of the duplex. This would require redesign of the driveway. The applicant could also build a carport or garage attached to the northern side of the duplex that could comply with setbacks. The variance, if granted, offers the least deviation from the regulations that will afford relief to build the proposed carport as shown on the site plan. Mike Kingswood was present to represent the applicant. He questioned the need for a surveyor to come out to the property twice. He feels that setting the footings is just a function of measuring with a tape from the survey stakes. He would like to remove the condition of approval requiring a second visit to verify the foundation by a surveyor. He feels it is an unnecessary expense. Director Joseph stated it is reasonable to require a surveyor to set the survey stakes and verify the footings prior to pouring, if a variance is granted and the work is done with zero tolerance to the setback approved. Public Comment: None. It was moved and seconded (SagedHorton) to approve a six foot (6) variance from the ten foot (10) building separation requirement to build a carport four feet (4) from the northern side of the existing duplex and the motion passed F c - h. 2"9' 35 r . - ' fl ,· .·0,mrd ~ j P 7 M' -• . RECORD OF PROCEEDINGS ~ ~ + -- Estes Valley B8ard of Adjustment · ' * < 2 f~. . .; October 7,2003 with two absent. 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. 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 sun/eyor shall verify compliance with the variance and provide a setback certificate. 2. Compliance with the submitted plans. 3. LOT 2, BLOCK 6, RECLAMATION SUBDIVISION, 250 & 252 THIRD STREET, APPLICANT: WARREN & KAREN SPRINGER - 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 five foot variance from the ten foot rear yard setback to build a storage shed five feet from the rear (southern) property line. The dimensions of the proposed one-story storage shed are twelve feet wide by thirty-four feet long for a 408 square foot footprint. The applicant proposes removing the two existing storage sheds on the lot and replacing them with the 408 square foot storage shed. This shed would be located on the .. southwest comer of the lot and would remove a portion of the existing driveway. The lot is undersized for the "R-2" Two-Family Residential zoning district. There can be a beneficial use of the property without the variance. The existing duplex can continue to be used. This is a fifty percent variance which is substantial. The proposed addition may not substantially alter the essential character of the neighborhood. The proposed storage shed can not be placed on the lot without a variance. The variance request offers the least deviation form the regulations that will afford relief. Warren Springer, applicant, was present. He spoke with Dave Cearlock, State Electrical Inspector, regarding the need for 12.5 feet of clearance from the top of the proposed storage shed and the existing power lin'e. Mr. Springer does not believe this will be an issue. Public Comment: None. It was moved and seconded (Hollon/Sager) to approve a variance request of five feet (5) from the rear yard setback of ten feet (10) to build a storage shed five feet (5) from the rear property line (southern) and the motion passed with two absent. 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 two existing storage sheds shall be removed from the lot. 3. Compliance with Greg Sievers' memo to Alison Chilcolt dated September 24, 2003. 4. Compliance with Jim Duell's letter to Alison Chilcott dated September 23,2003. 5. A registered land surveyor shall verify compliance with the variance and provide a setback certificate. 6. Prior to Planning Department sign off on a building permit for the storage shed, a registered land sun/eyor shall calculate the existing and proposed lot coverage and provide this information to staff. As required by EVDC Section 4 Table 4-2, lot coverage shall not exceed fifty percent. 7. The applicant shall submit a building permit application that demonstrates compliance with EVDC Section 7.11.D Minimum Off-Street Parking Requirements, i.e. a minimum of four parking spaces must remain on site to serve the two units. 8. That prior to issuance of a building permit the applicant shall correct any code violations found by the Code Enforcement Officer. ' ' 11 I RECORD OF PROCEEDINGS PRS,- ry--' - Estes Valley Board of Adjustment - ' :. r,.. 3 October 7,2003 4. LOT 14, LITTLE VALLEY 1ST FILING, INTERSECTION OF DOLLAR LAKE ROAD AND BLACK SQUIRREL DRIVE, APPLICANT: HOWELL & J'ANN WRIGHT, - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 AND SECTION 1.9.E OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. The applicants wish to build a single-family dwelling with a detached 30-foot wide garage. The lot is located in Little Valley, at the intersection of Dollar Lake Road and Black Squirrel Drive, and is zoned "RE" Rural Estate, which has a minimum lot size of 2.5-acres and 50-foot building setbacks. The lot is relatively flat, at 1.8 acres is sub-sized for the zone district, has an unusual shape, and has an "L" shaped access easement jutting from the west property line. The required setback is measured from the edge of the easement, not the actual property line. Staff finds no special circumstances or conditions that would result in practical difficulty in conforming to the height limit. The applicant has submitted a design that indicates ability to comply with the height limit with the exception of one small area. The fact the majority of the house is able to comply indicates there is no special hardship associated with this lot. The property could be developed without variances. The proposed house could be situated on the lot in a manner that would reduce the requested setback requests, though the proposed house size and shape would require a setback variance. The house could be redesigned to allow compliance with the setback and height requirements. The site plan could be revised so the house runs parallel to the slope, which would minimize or eliminate the need for a height variance. Staff recommends a "limits of disturbance" be delineated on the site plan. This is because the applicant requests to build outside the mandated building setbacks. The Applicant's predicament could be mitigated through methods other than variances. The Little Valley Owner's Association has submitted a letter of support for this variance request. Paul Bennett of Van Horn Engineering was present to represent the applicant. He stated the alignment of Black S4uirrel Drive limits the buildable area. The applicant is asking for a height variance for a small portion of the house in order to limit site impact and to save some trees. The applicant is willing to lower the finish floor to meet the height requirement. He stated he understands there is no hardship for the eastern property line; therefore the applicant is willing to move the garage within the 50 foot eastern setback. He would like to propose a 25 foot western setback from the Black Squirrel easement and leave the garage detached. Board Member Horton questioned how many trees would be saved by granting the height variance. Mr. Bennett stated that 3 or 4 trees in the 15 inch category would be lost if they lowered the finish floor to meet the height requirement. Planner Shirk feels they could still attach the garage and by detaching the garage you will increase the site disturbance. Public Comment: None. Mr. Bennett stated that attaching the garage would require additional grading due to the natural drainage running between the proposed house and detached garage. Planner Shirk feels the placement of the house is fine but he still feels the garage should be attached to the house. Director Joseph advised the drainage is a valid reason for separating the garage from the house. It was moved and seconded (Sager/Horton) to approve a variance request of twenty-five feet (25) from the western side yard setback of fifty feet (50) to build a single family home and detached garage twenty-five feet (25) from the western propeny line as shown on the drawing attached to the end of the minutes and the motion passed with two absent. 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. Redesign of the site plan to meet approved setbacks. Design should follow example shown in Figure 1.B of Staff report. ... i L RECORD OF PROCEEDINGS ·-'- S -e, 90>irc 1- i... 4.'.: 4.- · 7'· --,Fr ,£.fl, V -·'·:ijr „ . . Estes Valley Board of Adjustment ./ 1-,r.r,1. , October 7,2003 2. Compliance with Limits of Disturbance standards set forth in Section 7.2.D of the EVDC. 3. Full compliance with the Uniform Building Code 4. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. 5. Compliance with the site plan. It was moved (Sager) to approve a height variance of no more than 38 feet as determined by the building permit submittal. There was no second and the motion died. It was moved and seconded (Horton/Barker) to disapprove a height variance of 38 feet and the motion passed. Those voting "yes" Horton and Barker. Those voting "no" Sager. 5. LOT 11, PARK HILLS SUBDIVISION, 287 JOEL ESTES DRIVE, APPLICANT: STEVE MCNEILL - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. This item was continued from the August 5, 2003 and September 9, 2003 Board meeting. Planner Shirk reviewed the staff report. This request has been before the Board on two previous occasions. The original request has been amended, and no longer requires a side yard setback variance. The nature of the request has been changed to increase the setback from the east property line (Bucher) and to increase the setback and reduce the amount of encroachment along Mall Road. This has resulted in an increase of encroachment along Joel Estes Drive. In addition, the applicant has redesigned the proposed house to eliminate the third story, which would have been out of character for the neighborhood. Lonnie Sheldon of Van Horn Engineering was present to represent the applicant. He has submitted a new design for the addition and a photo simulation showing the impact from the Bucher home. Public Comment: Duane Bucher, 295 Joel Estes Drive, stated he is in support of the new submitted site plan. He stated there are currently 5 cars/traile(s parked along the road which are creating a hazard. He would like to see the cars that are not used every day moved before the variance is granted. Director Joseph stated there is no active parking enforcement in the unincorporated portion of the County. There is no mechanism to prevent parking on public right-of- ways. He does however feel it is within the discretion of the Board to place a condition of approval that the cars be removed from the right-of-way. He stated the Board also has the discretion to place a time limit on the completion of the project. jerry Casler, 350 Joel Estes Drive, spoke in opposition to the proposed variance request. He also has concerns regarding the vehicles parked on the side of the road. He does not believe a fire engine could drive down the road in the event of an emergency. Elmer Phinney, 309 Joel Estes Drive, spoke in opposition to the proposed variance request. He has concerns with the parking of vehicles on the roadway and with storage on the site. Mr. Sheldon stated the vehicles parked on the right-of-way were removed from the property at the Board's request. The variance is needed in order to build a garage to store the additional items. He stated the right-of-way is narrow; however the neighbors could form an improvement district to widen the roadway. Mr. Sheldon stated the applicants would agree to limit the number of cars parked on the street to 2 personal cars. The trailer and unlicensed car will be removed after construction. The applicants would like a year from this November to complete construction. RECORD OF PROCEEDINGS W. 2-Xj ..2 Estes Valley Board of Adjustmetit f_ · i ...5 ., :.1 October 7,2003 The Board questioned how they could enforce a time limit. Director Joseph stated the applicant would have to come back to the Board and ask for an extension. The Board could at that time move to deny the requested extension and require the applicant to remove what has already been built. Mr. Sheldon stated the County already has a rule that the building must be done within 2 years. He stated the intent of the applicant is to complete the shell of the building as soon as possible. Board Member Horton does not understand the need for a time limit. Chair Barker explained that in past testimony it was a concern of the neighbors. Neighbors have testified that past construction on the site has taken months if not years to complete. Board Member Horton stated he is aware of the past testimony. He stated he has reviewed the past proceedings. Chair Barker stated he is concerned with the timing issue and a year seems like a long time. He has a problem with limiting the number of cars parked on the right-of- way. Mr. Sheldon stated that a couple of retaining walls need to be constructed first before construction of the foundation can begin. The applicants would like to get the foundation in before the ground freezes. He stated the applicant has the money and is ready to move forward. Charlie Phillips, architect, advised construction drawings have not been completed for this project, and a month or two would be needed before construction could begin. Also, a building permit would need to be obtained before construction could begin. It was moved and seconded (Sager/Horton) to approve a variance request of twenty feet (20) from the Mall Road setback of fifty feet (50) and thirty-four feet (34) from the Joel Estes Drive setback to build an addition to an existing cabin thirty feet (30) from Mall Road and sixteen feet (16) from Joel Estes Drive and the motion passed with two absent. 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 site plan. 2. Compliance with the Uniform Building Code. 3. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. 4. New construction shall be consistent in style, materials, and color of existing cabin. This shall be addressed with the building permit submittal. 5. The applicant shall have one year from October 15, 2003 to complete construction. 6. REPORTS Director Joseph welcomed new Board Members Bill Horton and Cliff Dill. He also thanked Judy Lamy for her service. 7. ELECTION OF VICE CHAIR It was moved and seconded (Sager/Barker) that Bill Horton be nominated for Vice-Chair and it passed unanimously with two absent. There being no further business, Chair Barker adjourned the meeting at 8:45 a.m. Jeff Barker, Chair Jacquelyn Williamson, Recording Secretary RECORD OF PROCEEDINGS - Estes Valley Board of Adjustment 6 1 . October 7,2003 //\ \ , IIi - / ..02 \\ 7 4,%<%M / ' 1 .IX \ 1/ \\\ 1~\4\\I + \Il \ \ 1 SLAC¥ SQUIRREL DR~t < W\ - \ \ 1 \ \ N)0 0 0%\ / \ \ 1%\ E OFROAO \ ..>.C\N. EAS~ENT :Ill 4 \ \Ockb i i I. 1, / /25'SETBACK LINE ~ -\ #i / L. 1 \ -4- , M- 0 /RELOCATED HOUSE -\/ \ 16€/1 \ \.2 \ hur \ ./ 1 .i /// '/,1 \ /*. C \ /1 ~474 ---4.»i / 4 / A 2/, . , -. 1 4- /// 9 / 4. I " i:/6 .--EDGE *D , h 1 ' 4 / ED*Man # i , 1. 2 .IN / RELOCATED GARA / / , 25'SETBACK LINE ~ , 1 .:44: Z / teur•rr¢EASEWEXi ~5(r SETBACKLINE /' '.~ ~~ ~,/ ~,/ ~ LPROP UNE 6 ./93/ \ 1 1 , . 6 / 72 r1 11.0>40' RECORD OF PROCEEDINGS ~ Regular Meeting of the Estes Valley Planning Commission October 21, 2003, 1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Wendell Amos, Commissioners George Hix, Richard Homeier, Bill Horton, Joyce Kitchen, Edward Pohl, and One Vacancy Attending: Chair Amos, Commissioners Hix, Homeier, Kitchen, and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent: Town Board Liaison Habecker, Commissioner Horton and One Vacancy Chair Amos called the meeting to order at 1:30 p.m. 1. CONSENTAGENDA a. Estes Valley Planning Commission Minutes dated September 16, 2003. b. Development Plan 03-15, Stanley Avenue Condominiums, Lot 32B of the Amended Plat of Lots 32A & 33A of the Amended Plat of Lots 32,33,34,35 & Portions of Lots 1, 31, & 37, White Meadow View Place Addition, South side of Stanley Avenue, 3rd Lot from Highway 7 & Stanley Avenue Intersection - Withdrawn by Applicant. c. Special Review 03-01, A'Ok Used Cars, Lot 7, Lone Pine Acres Addition, 1855 North Lake Avenue - Withdrawn by Staff. It was moved and seconded (Hix/Homeier) that the Consent Agenda be accepted with the removal of Item 1.d. Boundary Line Adjustment, Grubsteak, Lot 35 & Lot 36, Block 6, Hupp Addition and it passed unanimously with one absent and one vacancy. 2. PUBLIC COMMENT None. 3. BOUNDARY LINE ADJUSTMENT, THE GRUBSTEAK, LOT 35 & LOT 36, BLOCK 6, HUPP ADDITION, 134 W. Elkhorn Avenue, Applicant: Allie & Charles Jones 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 eliminate the intervening lot line and allow for future expansion of the existing buildings. Michael Haber, owner of the lot to the east, questioned the pedestrian access and how it would affect his property. Planner Shirk reviewed the public right-of-way and pedestrian access. He stated it would not affect the neighoring properties. It was moved and seconded (Pohl/Hix) to recommend approval to the Town Board of Trustees of the Boundary Line Adjustment, Lot 35 & Lot 36, Block 6, Hupp Addition, 134 W. Elkhorn Avenue and it passed unanimously with one absent and one vacancy. 1. Reformat plat for recording (remove improvements). 2. Increase font size of Lot 35A area calculation. 3. Reducing perimeter cross-hatching to 1/8". 4. A utility easement, 10 feet wide and centered on the overhead power lines, shall be dedicated. 5. The area 15 feet north of the centerline of Weist Drive shall be dedicated as public right-of-way. The area 5 feet north of that shall be dedicated as a pedestrian access and utility easement. . ··. ..·..:SJ: t; -'3. 1 ... RECORD OF PROCEEDINGS - .0 ,?Ujr::9 - f''i <,JrifIC -' 1 + z ~. 0 j 1 :.11!-5 iT ... ···,Estes Valley Planning-Commissiony . ·„ 9.n.sc .. .7.2:L, 9 J I.. 1-'trf.4- 4 4. 2 1 -4 , 4 ... ' A -:: , October 21,2003 4. BOUNDARY LINE ADJUSTMENT, COYOTE SUBDIVISION, PORTIONS OF SECTION 8, T5N, R72W, East Side of Devil's Gulch Road near intersection of McGraw Ranch Road and Devil's Gulch Road, Applicant: Carol Bissell Planner Shirk reviewed the staff report. This is a request to reconfigure four existing parcels. The lots are currently 2.47,4.20,27.73, and 41.84 acres, and are proposed to be 6.16, 6.16,22.25, and 41.67 acres. The two lots that are proposed to be 6.16 acres are currently smaller than 10 acres, and are moving towards conformity with the minimum lot size. The other two meet the minimum lot size. This request is in conjunction with the proposed Coyote Ridge Subdivision, which the Planning Commission voted to recommend conditional approval at their September meeting. It is staffs opinion proposed Tracts I and Il should have limits of disturbance delineated, which would minimize the inipact on surrounding properties. All four lots will receive access from the existing driveway. A driveway maintenance agreement should be recorded with the final plat. A 20 foot trail easement should be dedicated along the eastern Devil:s Gulch Road right-of-way, as discussed with the preliminary plat. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated the applicant agrees with the conditions of approval. Public Comment: None. It was moved and seconded (Hix/Homeier) to recommend approval to the Board of County Commissioners of the Boundary Line Adjustment, Coyote Subdivision, Portions of Section 8, T5N, R72W, East Side of Devil's Gulch Road Near Intersection of McGraw Ranch Road and Devil's Gulch Road and it passed unanimously with one absent and one vacancy. 1. Compliance with applicable standards of the Estes Valley Development Code. 2. Limits of Disturbance shall be established for all tracts. These shall reflect proposed property lines and building setback lines delineated on the proposed preliminary plat. 3. A 20 foot trail easement shall be dedicated along the eastern Devil's Gulch Road right-of-way. 4. A driveway maintenance agreement shall be recorded with the final plat. 5. The dedication statement shall dedicate tile perpetual utility easements for drainage. 6. Placement of a title line for the "Boundary Line Adjustment Statement". 5. AMENDED PLAT OF LOTS 32A AND 33A OF THE AMENDED PLAT OF LOTS 32,33,34,35 AND PORTIONS OF LOTS 1, 31, AND 37, WHITE MEADOW VIEW PLACE ADDITION, South side of Stanley Avenue, 3rd Lot from Highway 7 & Stanley Avenue Intersection, Applicant: Don E. Darling. Planner Chilcott reviewed the staff report. This is a minor subdivision (amended plat) application to combine two multi-family residentially zoned lots into one lot. This plat also vacates and dedicates utility easements. The applicant plans to redevelop the property and by combining the two lots into one the applicant will be entitled to build one extra unit. This property is also subject to a development agreement that allows for a six unitdensity transfer from Lot 31A to Lot 32A. This request has been submitted to all applicable reviewing agency staff and neighbors for consideration and comment. The existing development is nonconforming as to density and some buildings are nonconforming as to setbacks. Approval of this plat does not make existing nonconforming structures conforming. The existing use is permitted in this zoning district. Staff does not recommend platting limits of disturbance with this plat. There are two existing curb'cuts onto Stanley Avenue, one for each lot, which will remain. The Town has not required upgrades in water mains, fire hydrants, electric and street lighting systems, sanitary sewer systems, underground utilities, stormwater drainage, water systems, or fire safety for lot combinations since no new lots are created. This plat does dedicate ten foot public r . -+W, i. ¢r·V • .--f - . 1 f RECORD OF PROCEEDINGS · Estes Valley Planning Commission , I. .4 k¢.h ~4· I. A / n · October 21, 2003 utility easements along all property lines. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated the conditions of approval are agreeable to the property owner. Public Comment: None. It was moved and seconded (Homeier/Kitchen) to recommend approval to the Town Board of Trustees of the Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32,33,34,35 and Portions of Lots 1, 31, and 37, White Meadow View Place Addition, 448 Stanley Avenue and 519 South Saint Vrain and it passed unanimously with one absent and one vacancy. 1. Compliance with Greg White's memo dated October 6,2003. 2. The applicant shall comply with EVDC §10.5.1 Monuments. 3. The Saint Vrain Lane right-of-way width shall be shown. 6. PRELIMINARY CONDOMIMIUM MAP, STANLEY AVENUE CONDOMINIUMS, LOT 32B OF THE AMENDED PLAT OF LOTS 32A AND 33A OF THE AMENDED PLAT OF LOTS 32,33,34,35 AND PORTIONS OF LOTS 1, 31, AND 37, WHITE MEADOW VIEW PLACE ADDITION, South side of Stanley Avenue, 3rd Lot from Highway 7 & Stanley Avenue Intersection, Applicant: Don E. Darling. Chair Amos questioned whether or not Planning Commission should review this item before reviewing the full development plan. Amy Plummer of Van Horn Engineering was present to represent the applicant. She stated the applicant wanted to move this item forward to the Town Board in order to begin selling condominiums that are already built. The applicant agrees to a one month continuance. Planner Chicott stated that staff recommends Development Plan #03-16, to be reviewed by Planning Commission on November 18, 2003, serve as the Stanley Avenue preliminary condominium map because the development plan will be reviewed to ensure compliance with the same adequate public facility standards with which the condominium map must comply. i~% Public Comment: None. It was moved and seconded (Hix/Kitchen) to continue this item to the November 18, 2003 Planning Commission meeting and it passed unanimously with on absent and one vacancy. 7. MINOR SUBDIVISION AND REZONING REQUEST, WITT SUBDIVISION, LOT 2, SEYBOLD SUBDIVISION, 900 W. Elkhorn Avenue, Applicant: Bradley & Eunice Witt. Planner Shirk reviewed the staff report. The applicant proposes a minor subdivision and partial rezoning of Lot 2, Seybold Subdivision. Specifically, the applicant wishes to divide one lot into four, and rezone three of those lots from the "CO" Commercial district to "A-10 Accommodations, Proposed Lot 1, existing bed and breakfast, would remain "CO", while the other three lots would be zoned "A-1". Proposed Lot 2 would be large enough for a duplex, while Lot 3 and 4 would be sized for a single-family dwelling. It is staffs opinion the change in zoning from the "CO" Commercial district to the "A-1" Accommodations district would serve to protect the single-family character of the neighborhood, and prevent potential adverse commercial uses from locating on this lot. The proposed subdivision is consistent with land use, growth management, housing, mobility and circulation, and scenic and environmental quality policies established with the Estes Valley Comprehensive Plan. The proposed lots comply with the minimum lot width and size standards established for the "CO" and 'A-1» districts, and will allow structures to comply with applicable building setback and height standards. 1 7 . -M RECORD OFPROCEE[UNGS 01= p./1¥24 £ '.-4. Estes Valley Planning Commissiony :,· . c 4 October 21, 2003 Ross Stephen of Cornerstone Engineering and Surveying was present to represent the applicant. He stated the applicant agrees to the conditions of approval. The applicant would like the current trail to remain in its present state. The applicant does not have any problem with the general public using the trail. They do not want to see a bike path in the future. Public Comment: None. It was moved and seconded (Pohl/Hix) to recommend approval to the Town Board of Trustees of the Minor Subdivision and Rezoning of Lot 2, Seybold Subdivision, 900 West Elkhorn Avenue and it passed unanimously with one absent and one vacancy. 1. The following note shall be placed on the final plat The delineated Limits of Disturbance shall apply unless modified by a site specific development plan." 2. A 15 foot wide trail easement centered on the existing trail shall be dedicated to serve the existing fisherman's/wildlife trail. 3. The 30 foot river setback shall be delineated on the plat. 4. Ajoint driveway maintenance agreement shall be presented with recording of the plat. 5. The access easements shall be further defined with bearings and distances. 6. Per Section 10.5.K "Public Improvements" of the EVDC, all required improvements shall be installed or the subdivider must guarantee the installation of such improvements. These shall include the driveway entrance design and construction, which shall be subject to review and approval of Public Works, and applicable electrical engineering, which shall be subject to review and approval of Light and Power. 7. Issuance of a CDOT access permit. 8. ESTES VALLEY DEVELOPMENT CODE Public Comment: None. Director Joseph stated he would like to take Block 7 items to the Town Board as one presentation. He stated staff has minor changes they would like to make before the Planning Commission reviews the code changes. He introduced Item 6, Single Family Residential Exemptions, which will be included in next months packets. Planner Shirk reviewed the changes to Appendix D. He stated they are trying to clean up the language. He also stated he is waiting for comments from the Larimer County Engineering Department. 9. REPORTS Director Joseph stated applications are still being accepted for the current vacancy. Commissioner Homeier stated that it would be helpful to receive a monthly report on the current status of items forwarded to the Town Board and the County Commissioners by the Planning Commission. There being no further business, meeting was adjourned at 2:30 p.m. Wendell Amos, Chair 1 Jacquelyn Williamson, Recording Secretary RESOLUTION # 12-03 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel & Restaurant Liquor License, filed by Seabear, Inc. dba ESTES DELI & CATERING CO., 361 S. St. Vrain Ave., Estes Park, Colorado, is October 27,2003. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, December 9, 2003 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.72 miles, as measured from the center of the applicant's property. DATED this day of ,2003. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION # 13-03 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Tavern Liquor License, filed by Agapemou, Ltd. dba KELLI'S, 110 W. Elkhorn Ave., Estes Park, Colorado, is October 28,2003. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, December 9, 2003 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.07 miles, as measured from the center of the applicant's property. DATED this day of ,2003. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Town of Estes Park Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: November 6,2003 Subject: Pawnee Meadows Second Filing Final Subdivision Plat - A Subdivision of Lots 4 and 5 Pawnee Meadows First Filing Background. The applicants, Scott and Kim Miller, have submitted a final subdivision plat for Pawnee Meadows Second Filing. This proposes subdividing Lot 4 Pawnee Meadows First Filing into two lots and Lot 5 Pawnee Meadows First Filing into 4 lots, for a total of 6 lots all zoned "E-1" Estate. Lot 4 is addressed 2107 Pawnee Drive and Lot 5 is addressed 2103 South Saint Vrain Avenue. The Town Board approved the N preliminary plat for this subdivision at the , Location Map for Pawnee Meadows Second Filing, Subdivision of July 11, 2000 meeting and has approved k ' v Lots 4 and 5 Pawnee Meadows lst Filing extensions of the preliminary plat during _ _ . .4.-- 1 41 -t f- / -'[ subsequant meetings. A Subdivision 9 ELY -,*= -943-u_- E- JZ,+ 4 _.1 PaNnee Lane r F Improvement Agreement Will be * f 1 1 1 1.11 Clmrokee Dch/e .7-~~C......=,-,h 1, approved with this plat which provides for V»··29:*rr the paving of Pawnee Drive, which will wfi„001)live turTALLJ 'E-1" Zoning M--~,14 1 / 4 Lot 4 Pwinee Meadows 1st Fling k increase road connectivity in the U.21 144 'IM... r- ps./ BAF' surrounding neighborhood 1 3%=t/1 ---I xk\L. / 9,.223~ Xly«,--' f / i ' Nv/ 7,f r. D6es.~ Lot 5 Pa mee Meadows 1st Filing t Budget. f ~ 4 'E-1"Zoning , None. «« 7/749' Action. . - //2 Nk-~63€1 Approval of the Pawnee Meadows - Second Filing Final Subdivision Plat with the conditions of approval recommended by Planning Commission at the February 15, 2000 meeting. If the conditions are not met and all required documents submitted within thirty days of Town Board approval the preliminary plat and final plat will become null and void. Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: November 7,2003 Subject: Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32,33, 34,35, and Portions of Lots 1, 31 and 37, White Meadow View Place Addition to the Town of Estes Park Background. The applicant, Don Darling and property owner Hanks Enterprises, Inc. (Allyn W. Hanks, President), have submitted an amended plat application to combine two multi-family residentially zoned lots into one lot. The site is located at 448 Stanley Avenue (Lot 32A) and 519 South Saint Vrain Avenue (Lot 33A), in the Town of Estes Park. This plat also vacates and dedicates utility easements. The Planning Commission recommended conditional approval of the amended plat at the October 21, 2003 meeting. Budget. None. N Action. , Location Map for 448 Stanley Avenue and 6 519 South Saint Vrain Avenue Approval of the amended plat. 1 1 V A 1\ 1 1 1 )*~ St=iley Av~-1/ \\\ J CO HWY 7,S. Sail*Vrain Ave. S}&\ 1-4\« IC \\% 1// j i I_24 JR 448 St-ey Ave. X\ ~odstock Dr. ~ - 4--3 -psjj IRM" Zonii,g Ponderosa Ave. Al 1 r- ger<k 2255>\3J 519 Sailit Vrain Ave. ~ - ' ' ' ~711 \ 111 / .3:-S:SAN, / / - "R-2"Zoning 6-L-2 ~ f ' f t /1~£~1 First Nitional Bank \ r. _1\\ - , 4/ 11 \. \1 \ f# ~ 'E" Zoning , /'/ 2 ! 1-,4 * 1 / 'L 113 ~ Saint Vrain LIi. ~ ~- Albioli Pilies Condos Sii,gle-Fainily Residential 1 \ 1~ 1'. 1 --1 Town of Estes Park Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: November 5,2003 Subject: Solitude I Condominiums, Preliminary Condominium Map for Lot 1 Solitude Subdivision - Time Extension Background. The applicant, Fish Creek Properties, LLC, has submitted a preliminary condominium map application for Lot 1, Solitude Subdivision. The Town Board approved this preliminary condominium map at the October 8,2002 meeting and Development Plan #02-14 was considered the preliminary condominium map. However, this approval automatically lapsed and became null and void twelve months after the approval date. Approval of this preliminary condominium map will extend the life of the map for an additional twelve months from the date of approval. The preliminary condominium map consists of ten proposed units on Lot 1, Solitude Subdivision, addressed 1890 Sketch Box Lane. The lot is zoned "A" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. LOCATION MAP The applicant should discuss business licenses for individually owned condominium WE ESTES units with the Town Clerk's Office and the -»==»4=:= US 35 applicant should notify future owners of ~ ". r. condominium units of business licensing -1-T Lot 4 requirements. , 7- \// f r~ Lot 3 | Budget «I -3 SO<ds CKOEM 9/05/ 0.1 None. /* b 1/ -~-2~421- # 7 Lot 6 Lot 2 Action. 18 Ke 1 COU Approval of the Solitude I Condominiums. COUR!2 Lot 1 VICINITY MAP Preliminary Condominium Map for Lot 1' ~:~ <~7 ~ 1~ = 1,000' +/- Solitude Subdivision Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: November 5,2003 Subject: Solitude 11 Condominiums, Preliminary Condominium Map for Lot 2 Solitude Subdivision - Time Extension Background. The applicant, Crystal Creek Development, has submitted a preliminary condominium map application for Lot 2, Solitude Subdivision. The Town Board approved this preliminary condominium map at the May 14, 2002 meeting and Development Plan #02-09 was considered the preliminary condominium map. However, this approval automatically lapsed and became null and void twelve months after the approval date. Approval of this preliminary condominium map will extend the life of the map for an additional twelve months from the date of approval. The preliminary condominium map consists of ten proposed units on Lot 2, Solitude Subdivision, addressed 1880 Sketch Box Lane. The lot is zoned "A" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. LOCATION MAP The applicant should discuss business licenses for individually owned condominium - LAKE units with the Town Clerk's Office and the applicant should notify future owners of condominium units of business licensing ~Wl-.Ix ·pwrf rts• X>»4 ~ Lot 5 --)M# Lot 4 ~ requirements. ~··62%*gj194P2:kn- - w.°80-«\-11 i Aa c~Fl 1.11 . £ so©ou x. / i / -934 Lot 3 ~ Budget. lili U U=gm. CROCKE' None. 10.0, S. -~ Lot 6 1 1--- Action. 26-- Lot 2 2 111 Approval of the Solitude 11 Condominiums. 832 1 Lotl VICINITY MAP Preliminary Condominium Map for Lot 6 41-1 93 6 ~ 1"= 1,000' +/- Solitude Subdivision Town of Estes Park Community Development Department e Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: November 5,2003 Subject: Solitude V Condominiums, Preliminary Condominium Map for Lot 5 Solitude Subdivision - Time Extension Background. The applicant, Crystal Creek Development, has submitted a preliminary condominium map application for Lot 5, Solitude Subdivision. The Town Board approved this preliminary condominium map at the May 14, 2002 meeting and Development Plan #02-12 was considered the preliminary condominium map. However, this approval automatically lapsed and became null and void twelve months after the approval date. Approval of this preliminary condominium map will extend the life of the map for an additional twelve months from the date of approval. The preliminary condominium map consists of six proposed units on Lot 5, Solitude Subdivision, addressed 1801 Sketch Box Lane. The lot is zoned HA" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. LOCATION MAP The applicant should discuss business licenses for individually owned condominium - ESTES LAKE units with the Town Clerk's Office and the R2*~ 02¤ 7 \- --2206 -/-<~\ applicant should notify future owners of ~/ \ / -IN =r, ™1494 f15/ condominium units of business licensing ~Ei-i=h« ~ Lot 5 -€~ Lot 4 requirements. -ELKIWD:%%:. W.CRO AVE 1 Budget \ V J.a C= -8, A. *04#L None. 521-3 turn,9-- | Lot 6 Action. 26-_ Lot 2 111 Approval of the Solitude V Condominiums, SE[33 Lotl VICINITYMAP Preliminary Condominium Map for Lot 5 :49-14 fi; 11. = 1,000' t/- Solitude Subdivision Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: November 6,2003 Subject: Hupp Addition Amended Plat Background. This is a request to combine two platted lots into one. The site is located at 134 W. Elkhorn Avenue. Budget. N/A Action. Staff recommends approval of the amended plat of Lots 35 and 36, Block 6, Hupp Addition. / t U Ellchorn Ave T I 11 -- i 0 * iest 1 11 Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: November 6,2003 Subject: Witt Rezoning and Minor Subdivision Background. A request by Bradley -- -k --1-- r~ and Eunice Witt to divide one lot into f« ~«« 3- four, and rezone three of those lots from the "CO" Commercial district to 3.- ~ \\ \ "A-1" Accommodations. The site is ~-_1-1-~~~ located at 900 West Elkhorn Avenue. Proposed Lot 1, where the -1// i existing bed and breakfast is, would 9 14 remain "CO", while the other three // -1. L 7 would be zoned "A-1". Proposed ___2'/' ~ -2 9*8882 \ Lots 2 and 3 would each be large 1 BI L / \96< enough for a duplex, while Lot 4 ~ would be sized for a single-family dwelling. Budget. NA Action. Staff recommends approval of the proposed Witt Rezoning and Minor Subdivision conditional to: 1. A joint maintenance agreement shall be presented with recording of the plat. 2. Issuance of a CDOT access permit (in process, CDOT has no concerns). I I 6£469 TOWN OF ESTES PARK 2 -=32141,1/3 1.i 2*.. 7*Z:2 497> €r '' € Mi~.4>L·t : 1#. „ I.~pild 1 / 0~00~P> 4',,~k , - -r\-1 6 MEMORANDUM TO: Board of Trustees FROM: Pete Brandjord, Finance Officer DATE: November 07, 2003 SUBJECT: Highway Users Trust Fund Public Hearing, 2004 Budget, November 11, 2003 lorado budget law requires a public hearing be conducted to discuss how the Highway Users Trust Fund revenues are proposed to be expended in the ensuing fiscal year. The following are the proposals that are included in the 2004 Town of Estes Park Budget: 2004 1. Estimated Revenues: $225,500 2. Estimated Expenditures: Curb/gutter & Drainage Repair 15,000 Cul-de-Sacs Construction 20,000 Sidewalk maintenance 7,000 Traffic calmers 10,000 Resurfacing/overlay 300,000 $352,000 In addition, expenditures for snow plowing, street maintenance, or any other expenditures directly related to streets are allowable uses of Trust Fund revenue in the event that either of the above-listed projects are not constructed or come in considerably less than budget. http://www.estesnet.com (970) 586-5331 • RO. BOX 1200 • 170 MAC GREGOR AVENUE • ESTES PARK, CO 80517 • FAX (970) 586-2816 RESOLUTION TO SET MILL LEVIES NO. 14-03 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2004 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 2004 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Government Budget Law on November 11, 2003; and WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $248,238; and WHEREAS, the 2003 net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $136,245,020. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That for the purpose of meeting all general operating expenses of the Town of Estes Park during the 2003 budget year, there is hereby levied a tax of 1.822 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2004. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Larimer County, Colorado, the mill levies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 11 th day of November, 2003. 1 RESOLUTION TO ADOPT BUDGET NO. 15-03 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Board of Trustees of the Town of Estes Park has appointed Richard D. Widmer, Town Administrator, to prepare and submit a proposed budget to the Governing Body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 11, 2003, and interested taxpayers were given the opportunity to file or register any objections to the proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the attached budget, as submitted, and summarized by fund, is hereby approved and adopted as the budget of the Town of Estes Park, Colorado, for the fiscal year ending December 31, 2004, is hereby approved and adopted and shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town of Estes Park. ADOPTED this 11 th day of November 2003. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 6 Section 1: The expenditures for each fund ard as follows: 2004 General Fund $ 9,555,090 Community Reinvestment Fund 2,444,484 Museum Fund 251,647 Conference Center Fund 113,271 Conservation Trust Fund 30,000 Special Events Fund 840,531 Senior Center Fund 156,240 Larimer County Open Space Fund 147,500 Park Entrance Estates Special Assessment District Construction 1,000 Park Entrance Estates Debt Service Fund 9,800 Building Authority 93,575 Light & Power Fund 9,818,037 Water Fund 3,324,596 Medical Insurance Fund 302,800 Fleet Maintenance Fund 267,976 Fire Pension Fund 96,171 Police Pension Fund 2,565 Friends of Stanley Hall Fund 401,000 Total $ 27,856,283 Section 2: That the estimated resources for each fund are as follows: 2004 General Fund from unappropriated surpluses $ 5,174,293 from revenue sources other than general property tax 9,432,590 from the general property tax 248,238 Community Reinvestment Fund from unappropriated surpluses 1,564,478 from revenue sources and transfers in 1,656,498 Museum Fund from unappropriated surpluses 6,425 from revenue sources and transfers in 252,623 Conference Center Fund from unappropriated surpluses 8,120 from revenue sources and transfers in 113,104 Conservation Trust Fund from unappropriated surpluses 20,180 from revenue sources and transfers in 26,385 Special Events Fund from unappropriated surpluses 7,530 from revenue sources and transfers in 833,314 Senior Center Fund from unappropriated surpluses 50,118 from revenue sources and transfers in 142,730 Larimer County Open Spce Fund from unappropriated surpIuses 43,107 from revenue sources and transfers in 200,368 Park Entrance Estates Special Assessment District Construction from unappropriated surpluses 1,791 from revenue sources and transfers in - Park Entrance Estates Debt Service Fund from unappropriated surpluses 2,001 from revenue sources and transfers in 8,128 Building Authority from unappropriated surpluses from revenue sources and transfers in 93,575 Light & Power Fund from unappropriated surpluses 1,714,973 from revenue sources and transfers in 9,260,784 Water Fund from unappropriated surpluses 1,905,079 from revenue sources and transfers in 2,647,842 Medical Insurance Fund from unappropriated surpluses 74,563 from revenue sources and transfers in 365,921 Fleet Maintenance Fund from unappropriated surpluses 109,419 from revenue sources and transfers in 285,679 Fire Pension Fund from unappropriated surpluses 961,619 from revenue sources and transfers in 123,207 Police Pension Fund from unappropriated surpluses 14,127 from revenue sources and transfers in 572 Friends of Stanley Hall Fund from unappropriated surpluses 397,657 from revenue sources and transfers in 5,410 Total $ 37,752,448 0 . RESOLUTION TO APPROPRIATE SUMS OF MONEY NO. 16-03 A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on November 11, 2003; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as set forth in said budget and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following attached sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated. ADOPTED this 11 th day of November 2003. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk General Fund 2004 Current Operating Expense $ 9,257,798 Capital Outlay 297,292 Total $ 9,555,090 Community Reinvestment Fund Current Operating Expense $ 531,484 Capital Outlay 1,913,000 Total $ 2,444,484 Museum Fund Current Operating Expense $ 231,027 Capital Outlay 20,620 Total $ 251,647 Conference Center Fund Current Operating Expense $ 113,271 Capital Outlay Total $ 113,271 Conservation Trust Fund Current Operating Expense $ - Capital Outlay 30,000 Total $ 30,000 Special Events Fund Current Operating Expense $ 840,531 Capital Outlay Total $ 840,531 Senior Center Fund Current Operating Expense $ 142,740 Capital Outlay 13,500 Total $ 156,240 Larimer County Open Space Fund Current Operating Expense $ - Capital Outlay 147,500 Total $ 147,500 Park Entrance Estates Special Assessment District Construction Current Operating Expense $ 1,000 Capital Outlay - Total $ 1,000 Park Entrance Estates Debt Service Fund Current Operating Expense $ 9,800 Capital Outlay Total $ 9,800 :, .9 Building Authority Current Operating Expense $ 93,575 Capital Outlay Total $ 93,575 Light & Power Fund Current Operating Expense $ 9,102,920 Capital Outlay 715,117 Total $ 9,818,037 Water Fund Current Operating Expense $ 2,199,546 Capital Outlay 1,125,050 Total $ 3,324,596 Medical Insurance Fund Current Operating Expense $ 302,800 Capital Outlay Total $ 302,800 Fleet Maintenance Fund Current Operating Expense $ 261,976 Capital Outlay 6,000 Total $ 267,976 Fire Pension Fund Current Operating Expense $ 96,171 Capital Outlay Total $ 96,171 Police Pension Fund Current Operating Expense $ 2,565 Capital Outlay Total $ 2,565 Friends of Stanley Hall Fund Current Operating Expense $ 401,000 Capital Outlay Total $ 401,000