HomeMy WebLinkAboutPACKET Town Board 2013-11-12
The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
REGULAR MEETING
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, November 12, 2013
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
SWEARING IN CEREMONY. Sergeant Polucha.
PUBLIC COMMENT. (Please state your name and address).
NATIONAL PARK ANNIVERSARY UPDATE. Chuck Levine, Fran Grooters, Barbara Hoppe Scott
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated October 22, 2013. Town Board Study Session Minutes
October 15 and October 22, 2013.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services Committee, October 24, 2013.
4. Estes Valley Board of Adjustment Minutes dated September 10, 2013.
(acknowledgement only).
5. Tree Board Minutes dated October 24, 2013. (acknowledgement only).
2. ACTION ITEMS:
Prepared 10/30/13
*Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
1. ORDINANCE #15-13 APPROVING THE CONTRACT FOR THE SALE OF LOT 4,
STANLEY HISTORIC DISTRICT FOR THE ANSCHUTZ WELLNESS CENTER.
Attorney White.
2. RESOLUTION #34-13 SETTING A SPECIAL ELECTION FOR DECEMBER 17,
2013 FOR THE SALE OF LOT 4, STANLEY HISTORIC DISTRICT AND SETTING
THE BALLOT LANGUAGE. Town Clerk Williamson.
3. ADDITIONAL ACTION ITEM.
Items carried over from the Special Meeting, November 12, 2013 6:00 p.m.
4. ADJOURN.
Town of Estes Park, Larimer County, Colorado, October 22, 2013
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 22nd day of October, 2013.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
SWEARING IN CEREMONY.
Town Clerk Williamson performed a swearing in ceremony for Police Commander Corey
Pass and Police Officer Jared Paul.
PROCLAMATION.
Mayor Pinkham presented a proclamation for National Philanthropy Day to be held on
November 14, 2013.
PUBLIC COMMENTS.
Jon Nicholas/Executive Director Estes Park Economic Development Council provided a
review of the organizations activities, including providing assistance to local businesses
with disaster recovery, businesses recovery, tourism recovery, business retention, and
attracting new business. He and Bill Almond/Visit Estes Park (VEP) attended the EDCC
conference and meet with Al White/Director State Tourism office to discuss the
importance of funding VEP for business recovery and discussed how to access State
funds to support the organization. Staff continues to review other funding resources for
business, including the EDA for economic recovery and access to federal money aimed
at business recovery and marketing.
Charlie Dickey/Town citizen provided the Board with results of a survey conducted on
the recent Pro Cycle Challenge event and its effects on local businesses. He also
commented on the actions taken by the Town, businesses and citizen to come together
and support one another after the flood. He stated a number of businesses paid their
employees to clean up after the flood instead of laying them off. He has worked with
Rob Pieper/Poppy’s and Poppy’s wholesaler to provided candy for the businesses
downtown to handout this Halloween. McLane Company, one of the largest candy
distributors in the world and several candy manufacturers: Mars Chocolate North
America, The Hershey Company, Ferrara Candy, Nestle USA, and Tootsie Charms
have donated all the candy for this year’s Halloween event.
Johanna Darden/Town citizen stated the proposed pavilion and amphitheater has been
reviewed by the Technical Review Committee. The Committee heard concerns from
the neighboring property owners related to the noise generated by the new facilities.
She questioned why the Estes Valley Planning Commission was provided an update on
the status of this review.
Board of Trustees – October 22, 2013 – Page 2
1. CONSENT AGENDA:
1. Town Board Minutes dated October 8, 2013.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities, Public Works Committee – October meeting
cancelled.
4. Estes Valley Planning Commission Minutes dated October 1, 2013.
(acknowledgement only).
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
4. ACTIONS ITEMS:
1. CONSIDERATION OF THE SALE OF LOT, 4 STANLEY HISTORIC DISTRICT
FOR THE ANSCHUTZ WELLNESS CENTER. Administrator Lancaster stated
the Board requested staff determine if it was possible to complete an
accelerated review of the Anschutz Wellness Center proposal and hold an
election for the sale of Lot 4 by the end of the year, per Municipal Code
17.44.090 Vote Prior to Sale. The Stanley Hotel has Credit Enhancement
grants that expire at the end of the year; therefore, they need approval for the
sale of the property before the end of the year. This would require the
completion of an appraisal of the property, development of a sales contract and
the preparation of the ballot language for the Board’s consideration at the
November 12, 2013 meeting. The contract would include purchase price,
description of the property, and the sale would be specific to the Wellness
Center use and would not allow any other use of the property. The Stanley
would work through any concerns related to the relationship of the proposed
destination wellness center and the proposed community wellness and
recreation center, to the satisfaction of the Board prior to November 12th. The
Stanley would submit a development application for review by the Planning
Commission prior to December 17th, with all costs of an outside consultant to
review said proposal paid for by the Stanley. If a sales contract is approved on
November 12th, the Board would take action to set a special election on
December 17th as a poll election, with the Stanley paying for the full cost of the
election. The Special Review would come before the Town Board for final
approve at the January 14, 2104 meeting.
Skylar Rorabaugh/Executive Director Estes Valley Recreation and Park District
stated the Board of Directors conducted a special work session to discuss the
Anschutz Wellness Center and how it may affect a community center with John
Cullen/Stanley Hotel and Greg Rosener attending the meeting. The EVRPD
Board agreed to work on an MOU to outline the synergy between the two
projects.
Public Comment.
Those speaking in favor of the sale of Lot 4, Stanley Historic District with an
expedited review process and vote by the end of the year included Cydney
Springer/Town citizen, Bobbi Swenson/EMPC Interim CEO, Dr. Frank
Dumont/EMPC, Kent Smith & Diane Muno/Estes Partners for Commerce, Bill
Van Horn/Stanley Village & EDC member, Jim Pickering/EDC Board of Director
Chair, Rainer Schelp/EDC Executive Chair, Melinda Merrill/Town citizen, and
John Nicholas/Economic Development Council Executive Director. Comments
have been summarized: the wellness center would benefit the community
through the creation of year around revenue generation, increased lodging tax,
increased utilization of the hospital, benefit the lodging association members,
Board of Trustees – October 22, 2013 – Page 3
and bring awareness of better health to the community; the project would bring
a new non-tourism business to Estes Park, diversifying the economy; new jobs
would be created and bring additional families to the community; the hospital
continues to look for new revenue sources to close the gap on the
reimbursement of services; recruitment of medical professionals would be
easier; the wellness center would focus on a new model of health care; Lot 4
was not purchased by the Town as open space and should be used to improve
the economy of the town; the wellness center would be built with private funds
and no public assistance has been requested; and the EDC has completed a
full analysis of the project and has stated the project has merit.
Those speaking against the sale of Lot 4, Stanley Historic District with an
expedited review process and vote by the end of the year included Jim
Cope/Town citizen & President Stanley Views HOA, Janet Jones/Town citizen,
Don Seller/Town citizen, Ed Hayek/Town citizen, Pat Newsom/Town citizen,
Johanna Darden/Town citizen, and Matthew Heiser/Town citizen. Comments
have been summarized: Lot 4 should be left in its natural state and it serves as
a buffer between the Stanley and Stanley Village commercial area; the fate of
the property should not be decided in a rushed review process; the land
belongs to the citizens of Estes Park and a decision on the ultimate use of Lot 4
should not be made hastily; the town continues to deal with the flood and Town
staff is already overtaxed; an outside contractor should not be used to review
the project as they are not familiar with our codes, the town and specific local
issues; the Town should have a discussion on the best and highest use for Lot
4 before selling it; the project would negatively impact the local neighborhood,
who wish for the property to remain as open space; the view and wildlife
corridors would be impacted; Estes Park attracts middle class families that
would not utilize the wellness facility; the proposed election in December would
be during the holiday season when voters would be out of town and unable to
vote; if the project is a good idea today, it will be good idea in the future when a
proper review can be conducted; further review of the project, a business plan
and the activities to take place at the center are needed before a decision can
be made on the sale of the property; questioned why the Town would expedite
a process that other developers with time and financial constraints are required
to follow; and the accelerated process would require significant staff time to
process.
Dr. Paul Fonken/Timberline Medical facility Director stated he was undecided
on the wellness center; however, he would not support the accelerated review
process. The Anschutz Wellness Center would have a limited market, but it
could dovetail nicely with the Community campus. Timberline Medical has not
been involved in any discussions on providing services to the proposed facility.
He questioned the viability of the project and the fate of the property if it does
not succeed.
Lucia Lily/Stanley Hotel representative provided an overview of the project
stating the center would not be a spa but a wellness center incorporating the
outdoor activities such as hiking, biking, walking trails, etc. The Stanley Hotel
requested the sale of Lot 4 be presented to the voters to decide if this is the
right project for the property. The planning process would proceed in a parallel
path to determine if the project meets the code requirements. The expedited
process would require additional efforts, including the use of consultants to
complete the work, and the Stanley Hotel would pay for the costs incurred by
the Town. Without the expedited process the credit enhancement financing
would not be available to complete the privately financed project. She
emphasized the commitment of the Stanley Hotel to ensure the voters have the
information needed to make an informed decision on the sale and the project.
The project would created 100 construction jobs, 60 new primary jobs, a new
revenue source, a year around facility, new property, sales and lodging tax
funding, a partnership with EMPC and help brand Estes Park. The loss of this
unique project would have immediate and long term consequences.
Board of Trustees – October 22, 2013 – Page 4
Town Board Comments.
Mayor Pro Tem Blackhurst stated that until the Board is presented with a
contract and an appraisal there can be no act. He supports the project but the
timeframe for the voters is too quick.
Trustee Elrod commented the contract and appraisal would be presented at the
November 12, 2013 meeting, and if approved the Board would set a special
election date. The unique project at no cost to the community should be
presented to the votes for a decision.
Trustee Norris agreed the community should weigh in on the project at the
polls. He stated concern that the complex project be given careful
consideration without skipping steps in the review process and allow for public
input. The use classification for the project and the expedited review schedule
may be the limiting factors for whether or not the project can be completed
before the end of the year. An April election would allow for an adequate
review; however, he could support taking the next steps, including an appraisal
and contract.
Trustee Koenig voiced support in taking the next steps to determine if a viable
contract can be completed.
Trustee Ericson commented the project could be beneficial to the community;
however, he has concerns with the content of the project, the timing, and the
need to expedite.
Trustee Phipps agreed the project presented has inconsistencies and changes
with each review. He stated the Board has a duty to ensure the project details
are clear before moving it forward to a vote. The development plan needs to be
detailed and should go through the regular review process.
After further discussion, it was moved and seconded (Elrod/Norris) to direct
staff to proceed with the outlined process for the sale of Lot 4, Stanley
Historic District and the development review for the Anschutz/Stanley
Wellness Center as outlined with an additional check point at the
November 12, 2013 Town Board Meeting, and the motion was a tie vote
Trustees Elrod, Koenig and Norris voting “Yes” and Mayor Pro Tem Blackhurst,
Trustees Phipps and Ericson voting “No”. Mayor Pinkham voted “Yes” to break
the tie and the motion passed.
It was moved and seconded (Blackhurst/Phipps) to extend the meeting until the
10:30 p.m., and it passed with Trustee Ericson voting “No”. Mayor Pinkham called for a
recess at 10:00 p.m. and resumed the meeting at 10:10 p.m.
2. RESOLUTION #31-13 ESTES PARK LOCAL MARKETING DISTRICT
BUSINESS AND OPERATING PLAN FOR 2014. Visit Estes Park Executive
Director & CEO Campbell presented the Local Marketing District (LMD) 2014
Operating Plan, including the budget. She stated the budget presented would
be updated in light of the flood and its affect on local tourism. The LMD
receives its funding from the 2% lodging tax collected and remitted quarterly by
lodging establishments. The announcement by the Department of Revenue to
allow a delay in payment until the end of the year could negatively affect the
viability of the organization. To date the LMD has laid off 2 employees and all
vendors continue to work without payment. Staff continues to investigate other
funding sources such as grants to close the gap on the delayed revenues from
the State. As the organization has completed major projects such as a new
website, economic studies, branding, and DMO accreditation from the
Destination Marketing Association International, the 2014 budget would focus
on marketing the community and increasing revenues in the future.
Board of Trustees – October 22, 2013 – Page 5
Charley Dickey/Town citizen and business owner stated appreciation for the
common message delivered from all the business sectors in the aftermath of
the flood. He stated there should be a funding mechanism for situations such
as these.
It was moved and seconded (Norris/Ericson) to approve Resolution #31-13,
and it passed with Mayor Pro Tem Blackhurst recusing himself.
It was moved and seconded (Koenig/Norris) to extend the meeting until the
completion of the agenda, and it passed with Mayor Pro Tem Blackhurst abstaining.
3. TREE TRIMMING CONTRACT FOR 2014-2018.
Director Bergsten stated an RFP was completed for a five year tree trimming
contract starting January 2014 through 2018. Quotes were received from three
vendors including Asplundh Tree Expert Co., Adam’s Tree Service and Wright
Tree Service. Although the Town currently contracts with Wright Tree Service,
the low bidder, staff recommends contracting with Adam’s Tree Service, a local
company. Wright Tree Service has not been available since the flood,
therefore, staff contracted with Adam’s Tree Service to perform necessary tree
removal during the flood recovery. The work performance, cooperation, quality
work and reliability have been recognized during the past four weeks.
Mayor Pro Tem Blackhurst requested the item be delayed until the Board has
been presented the proposed budget during the budget study sessions. It was
moved and seconded (Ericson/Blackhurst) to table the issue until the
November 12, 2013 meeting. The motion did not carry as a substitute motion
was presented.
Johanna Darden/Town citizen commented that Adam’s Tree Service provides
excellent service.
It was moved and seconded (Koenig/Elrod) to award the 2014 – 2018 Tree
Trimming Contract to Adam’s Tree Service for a five-year term with each
of the last four years being contingent upon work performance of
contract obligations of the previous year and budget appropriations, and
it passed unanimously.
4. ENGINEERING CONTRACT FOR ELM ROAD ENVIRONMENTAL
IMPROVEMENT/MITIGATION MASTER PLAN. Mayor Pro Tem Blackhurst
and Trustee Phipps requested the item be delayed to the November 12, 2013
because of missing attachments to the contract. It was moved and seconded
(Norris/Blackhurst) to table the item to the November 12, 2013 meeting, and
it passed unanimously.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. PRELIMINARY PLAT, Mountain River Townhomes, Metes & Bounds
parcel, 650 Moraine Avenue; Item Tabled until the Estes Valley
Planning Commission provides a recommendation to the Town
Board.
B. AMENDED PLAT, Estes Park Medical Center, Rezoning Request, and
Special Review 2013-03, All Hospital Addition, Lot 18 and a portion of
Lot 17, Little Prospect Mountain Addition, 555 Prospect Avenue, 161
1/2, 163, & 165 Stanley Circle Drive; Item Tabled until the Estes
Valley Planning Commission provides a recommendation to the
Town Board.
Board of Trustees – October 22, 2013 – Page 6
C. PRELIMINARY PLAT, The Sanctuary on Fall River Townhomes, Tract
59A, Amended Plat of Tracts 59, 61, 62, & 63, Fall River Addition, Item
Tabled until the Estes Valley Planning Commission provides a
recommendation to the Town Board.
It was moved and seconded (Norris/Blackhurst) to approve the Planning
Commission consent agenda as presented, and it passed unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION
UPDATE. Director Zurn updated the Board on the construction activities for the
stall barn stating completion of perimeter metal siding and roof panels, exterior
door frames and exterior stone work has begun, and interior painting of
structural members to begin. MPEC structural steel frame is 50% complete
and the underground exterior civil site work has begun. Staff continues
negotiations with Dohn Construction for a revised schedule due to the flood.
The project remains within budget if the highways open by December 1, 2013
as projected by the State.
2. PUBLIC INFORMATION OFFICE QUARTERLY REPORT.
Public Information Officer Rusch provided a review of the past quarter activities,
including flood response and recovery efforts, public information and
involvement planning, and social media. Most notably, staff was involved in the
operations of the joint information center during the flood; facilitation of
communication related to Park closure, MPEC and stall barn construction,
Visitor Center parking structure design, and bear education task force; and use
of social media as of August 13, 2013.
3. TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Elrod stated the Estes Valley Planning Commission received an update
from staff on the modernization of the Comprehensive Plan. The update has
been extended by three to four months due to staff efforts addressing issues
related to the flood.
Trustee Ericson reminded citizens the Community Development / Community
Services meeting would be held on Thursday, October 24, 2013 at 8:00 a.m. in
the Board Room. He stated the Board would hold budget study session
meetings on October 25 and November 1, 2013.
Mayor Pinkham attended a meeting with Governor Hickenlooper and other
Colorado Representative where it was announced $425 million has been
dedicated to road repairs.
4. TOWN ADMINISTRATOR REPORT.
None.
Whereupon Mayor Pinkham adjourned the meeting at 11:03 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado October 15, 2013
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 15th day of October, 2013.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Town Attorney White and
Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 4:00 p.m.
STANLEY WELLNESS CENTER PRESENTATION
John Cullen/Stanley Hotel owner presented the Town Board with a proposal to develop
a wellness center on Lot 4, Stanley Historic District, currently owned by the Town of
Estes Park. The center would be a fitness and dietary learning center with long term
stay facilities for its guests. The Stanley Hotel has partnered with the Anschutz Medical
Center to create a collaborative relationship with the Estes Park Medical Center to
provide medical support to the center. The center would be the first of 6 wellness
centers across Colorado in an effort to begin marketing Colorado for medical tourism,
an effort backed by Governor Hickenlooper. The first center was to be in Telluride
because a building already exists; however, the focus turned to Estes Park as it is
easier to get to. The center would bring new clientele to Estes Park and provide a year
around revenue source. The Stanley Hotel lost funding from Morgan Stanley for the
project after the flood due to access issues; however, new private funding has been
secured with the backing of credit enhancement grants good through December 31,
2013. Mr. Cullen commented he is prepared to spend the necessary time and money
needed to have the project proceed through an expedited development process, and
requested the sale of Lot 4 be presented to the voters during a special election before
the end of the year. The cost of consultants to review the development plan for the
Town and to hold an election would be funded by the Stanley Hotel.
The Anschutz Wellness Center would not compete with the proposed Community
Wellness Center being considered by the Estes Valley Recreation and Park District.
The Wellness Center would be for patrons only and would not have many of the
facilities being proposed by the Community Center such as a large competition pool,
indoor walking track, meeting rooms, etc.
Trustee Phipps stated concern the Stanley Wellness Center and the Community Center
may conflict with each other. He sees the wellness center as an extension of the
Stanley Hotel campus, and would not service the community.
Attorney White commented the development plan agreement for Lot 4 expired in 2009
as well as the requirements of the Stanley Master Plan for the property. The Estes
Valley Planning Commission would review the development plan, not a Technical
Review Committee. Lucia Liley/Stanley Hotel Land Use Attorney stated the Stanley
would propose a development agreement for the property in order to protect it and the
use of the Stanley Master Plan guidelines.
Trustee Norris commented the Town has an obligation to the citizens to determine the
highest use for the property before any sale to a private land owner. He commented the
Town Board Study Session – October 15, 2013 – Page 2
project could be beneficial to the community and could fit with the new branding strategy
of family health. He questioned who the facility would attract, how the programming
would be different than the Community Center, the timeline of the expedited process,
and if other locations have been considered. The project has merit and he questioned if
the Stanley could get an extension on the funds.
Mr. Cullins stated the Wellness Center would attract families with disposable income
that do not come to Estes Park currently. The Wellness Center would be a high-end
medically oriented facility with new talent brought in to present rotating series of lectures
and research. Ms. Liley stated the Stanley would need to complete the planning
process by the end of December in conjunction with a special election in December for
the sale of the property. Mr. Cullins stated he has pledged the Stanley Hotel as
collateral, and therefore, it is necessary that the new facility be near the Stanley Hotel.
Trustee Ericson stated there could be alternative uses for the property or other
development proposals that may be presented, if it was known the Town was selling the
property. He raised the fact that the Stanley Hotel was involved with the Issue
Committee Friends of Stanley Lot 4 and provided financing for the group which brought
forward the current ordinance requiring a vote prior to the sale of Lot 4.
Mayor Pro Tem Blackhurst recommended a contract be developed for the Board to
review, which would require the completion of an appraisal. He commented on the
need to further discuss the sale of Lot 4 and the uses of the property.
Town Administrator Lancaster stated staff’s first priority to the community would be
rebuilding the community; therefore, the development review would be conducted by a
consultant at the expense of the applicant. The Town would bring in the necessary
resources to complete the review.
The Board discussed the next steps and whether or not to move forward with
determining if the project review and election could be conducted before the end of the
year. Comments have been summarized: would support bringing the project forward
for the citizens to vote on the sale; the Board needs to hear from the groups and
individuals that would be impacted or have expressed concerns such as the Senior
Center, Museum and the EVRPD; need to see a development plan; the Board needs to
have a discussion on what the Town would like to do with the property; would only be
comfortable moving forward with obtaining an appraisal and review a sales contract; the
expedited timeline appears to be extremely aggressive; and the Town has an obligation
to take a detailed package forward for the voters in order for them to make a reasonable
decision.
Attorney White stated staff would meet with the Stanley Hotel representatives to
develop milestones; however, the development and the election would have to move
down parallel paths in order to complete the development review by the end of the year.
After further discussion, it was the general consensus of the Board to bring the item
forward to the November 12, 2013 meeting to review and determine if a timeline can be
established to complete the development review and hold an election in December, with
the understanding that an outside consultant would be hired for the development
review. It was further agreed that staff and the Stanley Hotel representatives would
begin the appraisal process and the development of a sales contract with contingencies,
such as the property would be limited to the use as a Wellness Center, must meet all
code requirements, etc.
There being no further business, Mayor Pinkham adjourned the meeting at 5:35 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, October 22, 2013
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of
the Town of Estes Park, Larimer County, Colorado. Meeting held in Town
Hall in said Town of Estes Park on the 22nd day of October, 2013.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris, and Phipps
Attending: All.
Also Attending: Town Administrator Lancaster, Town Attorney White, Town
Clerk Williamson, Police Chief Kufeld, Police Commander
Pass and Recording Secretary Limmiatis
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
TRUSTEE COMMENTS.
None
FUTURE STUDY SESSION AGENDA ITEMS.
Trustee Phipps requested clarification with the difference between the Parking Structure
Design Review and the Review of the Accelerated Development and Design Process
Used for Parking Structure. Town Administrator Lancaster stated one is for reviewing
the design; the other is for reviewing the process used to achieve the design.
Trustee Ericson requested staff schedule and prioritize items not currently scheduled.
He expressed concern the review of Town property has not been made top priority
since the flood. Town Administrator Lancaster stated that staff would attempt to
schedule the items but may need further direction from the Board.
SALES TAX INITIATIVE.
Town Administrator Lancaster questioned if the Board would like to continue
discussions on a sales tax initiative for the April 1, 2014 municipal election in light of the
recent flooding event. Board discussion followed: Trustee Norris stated support for
moving the sales tax question forward to the voters in April; Mayor Pro Tem Blackhurst
questioned increasing the sales tax on the few visitors that are coming, and the public
opinion on the proposed initiative, and Mayor Pinkham suggested the Board receive
input from the local businesses. The Board consensus was to move forward with the
initiative; however, they requested the one percent increase sunset in 10 years rather
than the 15 years originally discussed.
TOWN BOARD COMPENSATION.
Staff reviewed the compensation data provided to the Board in 2012 and found that only
two communities have changed their compensation packages – Steamboat Springs and
Blackhawk. Several factors were identified to guide future discussion, such as review of
the budget in March to make recommendations prior to the April election, public
impression of increasing Board compensation, fairness of compensation, and ability of
compensation to cover health insurance premiums. Trustee Elrod suggested creating
an incremental increase schedule that would avoid a situation in which a high increase
would be needed in the future. The Board requested staff investigate the possibility of a
multi-year increase schedule that could be enacted, and to make sure insurance
premiums are covered. Staff would bring several scenarios to the Board for their review
prior to March.
Town Board Study Session – October 22, 2013 – Page 2
REVIEW OF LIQUOR VIOLATION GUIDELINES & PROCESS.
The Board reviewed public comment received since the October 8, 2013 Town Board
meeting on liquor violation guidelines. Staff requested direction from the Board on how
to proceed with developing revised guidelines. Commander Pass presented the
possibility of using the Restorative Justice Program as an innovative tool to address the
concerns of accountability, consistency, and fairness of the consequences when a
liquor licensee violates the liquor code. The Board discussed and recommended staff
move forward with revising the guidelines to align the with State guidelines, best
practices and procedures, provide additional training opportunities, and review the
possibility of utilizing Restorative Justice as allowed by the liquor code. The Board
directed staff to review the four outstanding violations utilizing the current guidelines.
There being no further business, Mayor Pinkham adjourned the meeting at 6:11 p.m.
Barbara Jo Limmiatis, Recording Secretary
Town of Estes Park, Larimer County, Colorado, October 24, 2013
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
24nd day of October, 2013.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: All
Also Attending: Town Administrator Lancaster, Directors Chilcott & Zurn,
Museum Director Fortini, Shuttle Coordinator Wells, Chief
Building Official/Floodplain Manager Birchfield, and
Recording Secretary Limmiatis
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
Outgoing Ambassador President Sandy Osterman introduced Mare Bradley, the newly
appointed Ambassador President. Ms. Bradley expressed her excitement over her new
position and looks forward to getting to know the Town Board and community.
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Museum Quarterly Report – Director Fortini informed the committee the Museum
did not suffer any damage to the facilities due to the recent flooding, although
approximately one hundred feet of pipe (penstock) is now exposed at the
hydroplant. With extra hours put in by staff, the Museum was able to complete
the opening of the Sandzén exhibit on time. This was the first community event to
happen after the flood and the reception was well received. Trustee Elrod asked
for a clarification of the de-accession process. Director Fortini explained when
artifacts no longer fit within the mission or scope of the collection, either due to
deterioration or are no longer of historical value, staff attempts to find other
institutions that will benefit from these items. If no institution can be found that is
willing to accept these artifacts, staff will reach out to individuals. Not much
monetary value is generated during the de-accession process, but a high value is
placed on the rapport that is created with other institutions. Director Fortini
informed the Committee they are attempting to train the docents to lead the
Downtown Walking tours on a consistent basis so people know to go downtown
at a specific time and place to be able to go on a tour. Administrator Lancaster
pointed out we have all recently lived through a historical moment and asked if
the museum staff has considered taking in items to remember the flood of
September 2013. Director Fortini stated staff is crafting a policy on accepting
digital photos that relate to the flood. Staff anticipates to start building the history
in January 2014.
Year End Shuttle Report – Shuttle Coordinator Wells reported a 52.3% increase
in ridership in 2013. The trolley was one of the main contributing factors for the
increase. It is assumed a large portion of the riders were locals and summer
workers. The daily average increased by approximately 55%. Staff received a
number of requests to start the buses earlier in the day. Trustee Norris remarked
how the intention of the shuttles was to reduce traffic, but an unexpected benefit
of community bonding has also occurred. Elderly members of the population are
riding to get out of the house and socialize. Coordinator Wells stated there has
been an increase in the use of mobile devices to retrieve shuttle information
Community Development / Community Services – October 24, 2013 – Page 2
corresponding to a reduction in calls to the Visitor Center for information.
Additional discussion with local businesses would take place prior to the 2014
season to address shuttle stop locations. The Committee was very impressed
with the increase in ridership and commended Coordinator Wells for his work.
Verbal Updates:
o Ambassadors – Director Winslow stated staff has completed a
Memorandum of Understanding with the Ambassadors.
o Visitor Center – Several new computers were installed in the lobby for
visitors.
o Rodeo – The Town was again in the top 5 of the medium size Rodeo and
asked to give several presentations at PRCA.
o Scandinavian Festival – This event would return in the summer of 2014 as
a Town sponsored event.
o Fall Back Beer Festival – This new event would be held Saturday,
November 2, 2013 at Riverside Plaza and include beer brewing
demonstrations, tastings and pairings with local restaurants.
o Tree Lighting Ceremony – This year’s event would include honoring local
heroes from the flood event.
o Staff Update – Director Winslow informed the Committee on the various
activities the Community Services staff was involved in during the flood
such as coordinating food, fuel, and equipment deliveries, finding housing
and helping with the Disaster Assistance Center.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Floodplain Management Report Post Flood – Chief Building Official Birchfield,
acting as the Town’s Floodplain Manager, described the four floodplains in Town
– Black Canyon, Fish Creek, Fall River and the Big Thompson. He stated since
the Town of Estes Park participates in the National Flood Insurance Program any
property owner, including renters, can purchase flood insurance. The
Development Code has regulations that exceed the national guidelines, which
help staff manage the local floodplains properly. The Fish Creek and Fall River
floodplains incurred substantial damage in the recent flood, including the rivers
moving up to 50 feet in some places, the tremendous amount of deposited
material, stream beds have risen and been lowered, mud slides, rock slides,
major erosion in minor drainage channels, and damage to infrastructure along
the rivers. Some lots are no longer developable. Lots that used to be conforming
are no longer due to the movement of the water channel. He stated about half of
the 7,500 buildings in the Estes Valley have been effected by this event, with one
home considered substantially damaged, only the garage remains. Fourteen
additional buildings have received some structural damage, but are repairable.
All of the damaged structures are outside of the one percent chance floodplain.
The maps that were being used to manage the floodplain are no longer accurate.
Birchfield informed the Committee that the Community Development Department
has stopped issuing permits for permanent construction and enacted a temporary
suspension on issuing permits for existing and new building permits along
waterways. Individuals are not allowed to reclaim their land or reconfigure the
waterways to pre-flood conditions; however, temporary work to stabilize banks,
shore up buildings, repair bridges and protect investments continues to be
allowed. The suspension ends on November 12, 2013. As the Floodplain
Manager, Birchfield relies on the high water mark to manage the floodplains. He
stated staff has three to four people in the field collecting data to aid in future
decisions about the floodplains in the valley. In the short term, staff continues to
focus on the major concerns of bank stabilization prior to the ground freezing and
spring runoff, the remobilization of fine materials, and the shortage of available
construction materials. Fish Creek and Fall River floodplains have been made
Community Development / Community Services – October 24, 2013 – Page 3
the highest priority. Director Chilcott has identified public and private financial
resources available to restore the waterways. Private property owners are
responsible for their bank stabilization.
REVISION TO TOWN FLOODPLAIN REGULATIONS.
The State of Colorado has updated floodplain regulations, therefore, the Town has until
January 14, 2014 to get updated regulations in place to be in compliance. In reviewing
the Municipal Code, it was noticed there was a typo in the Appeals Board in the
Floodplain Ordinance, which should be the Board of Appeals rather than the Board of
Adjustment. The revised regulations come from the Colorado Water Conservation
Board and are higher than the National Flood Insurance Program. There were three
major changes: redefine the floodway from a 12 inch rise to a 6 inch rise, free board
standards will increase to one foot or more, and one may elevate a building out of the
floodplain, but may not in turn install a basement. Additional changes include items
which are already taking place administratively. Section 17.28.090 of the Municipal
Code would require an engineer to apply for a floodplain development permit and upon
completion of the work a Floodway No Rise Certificate shall be submitted by the
engineer of record.
PUBLIC COMMENT.
Cory LaBianca/town resident, questioned if floodplains are associated with natural
waterways not associated with the rivers. CBO Birchfield reported that the floodplain
ordinance does not regulate natural waterways, but it is addressed in the Development
Code.
Chuck Bonds/town resident questioned how the National Flood Insurance Program
arrives at their reimbursement numbers. He thanked Town staff in helping him address
building and flooding issues, and requested additional staff for the building division to
address the ongoing issues. Director Chilcott stated the Natural Resource Conservation
Service has a program that addresses restoration of streams and rivers and would be
providing support for rehabilitation in the valley.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Community Development Monthly Report –Director Chilcott, stated all activities
outside of flood related issues are being postponed. The Community
Development Department is attempting to keep up with the basic activities that
must be completed, but most staff activity has been focused on flood recovery.
Staff would resume the Comprehensive Plan update as soon as possible.
TEMPORARY SIGN POLICY.
This topic was not discussed at the meeting.
There being no further business, Chair Ericson adjourned the meeting at 10:02 a.m.
Barbara Jo Limmiatis, Recording Secretary
Town of Estes Park, Larimer County, Colorado, October 24th, 2013
Minutes of a Regular meeting of the Tree Board of the Town of Estes Park, Larimer County, Colorado.
Meeting held in the Administration Conference Room of Town Hall Room 150 in said Town of Estes
Park on the 24th day of October, 2013.
Present: Celine Lebeau
Barbara Williams
Chris Reed
Dewain Lockwood
Also Present: Scott Zurn, Director of Public Works
Kevin McEachern, Public Works Operations Manager
Jen Imber, Public Works Secretary
Brian Berg, Municipal Service Worker‐Parks Division
Rex Poggenpohl, Resident
Absent: Apryle Craig
Scott Zurn called the meeting to order at 4:10 p.m.
GENERAL BUSINESS
Minutes from the July 18, 2013, Tree Board meeting were reviewed by members. It was moved and
seconded (Williams/Lebeau) to approve the minutes and it passed unanimously.
The board discussed setting a schedule to hold future monthly meetings. Beginning in November, Tree
Board meetings will be held on the third Thursday of each month for the duration of one hour, with a
starting time of 4:00 pm.
EDUCATIONAL PROGRAMS
Jen Imber and Brian Berg updated the board on the success of recently held educational programs.
Merle Moore’s “Native Plant Walk”, first held on August 14th, received such a positive response from
the community and registration for the 20‐person capacity filled so quickly that an encore of the
program was held on August 27th. Due to a scheduling conflict, Scott Roederer’s RMNP Tree
Identification workshop, originally scheduled for September 13th, was cancelled. Mr. Roederer is willing
to reschedule this workshop in the spring of 2014. Dave Leatherman’s Tree Ecology program,
scheduled for October 3rd, was cancelled due to the flooding event and loss of roads into Town. Mr.
Leatherman would like to keep open the option of rescheduling the program sometime in 2014.
The Estes Park Garden Club expressed interest in collaborating with the Tree Board on a Tree Disease
seminar, to be held in March of 2014, and asked the Tree Board to recommend an expert in the area to
speak at the seminar. Board members suggested Boyd Lebeda of the Colorado State Forest Service. Mr.
Lebeda has worked with the Tree Board on activities in the past, including Arbor Day events.
AMERICA IN BLOOM AWARDS
Brian Berg updated the board on the awards Estes Park received from the America In Bloom program.
Keri Kelly attended the AIB Symposium and Awards Ceremony in September, and brought home three
awards for Estes Park’s first entry. Awards received include the Outstanding Achievement Award for
Landscape Areas, Most Effective Use of Bold Foliage and the nationwide winner in the population
category of 4,001‐7,000 residents.
Scott Zurn adjourned the meeting at 4:35 pm.
Town Attorney Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: November 7, 2013
RE: Ordinance No. 15-13 Approving Contract to Buy and Sell Real Estate - Lot 4 of
the Stanley Historic District
Objective:
Review and consider approving a Contract to Buy and Sell Lot 4 of the Stanley Historic
District to Grand Heritage Hotel Group, LLC (the “Buyer”).
Present Situation:
On October 22, 2013, the Town Board approved the request by the Buyer for the Town
Board to consider the sale of Lot 4 of the Stanley Historic District to the Buyer for the
Buyer’s proposed Wellness Center Project. The Buyer’s request included development
of an expedited review process for the Project, review and preparation of a contract for
purchase of Lot 4, an ordinance approving the contract, a resolution setting a special
election which is necessary to meet the requirements of Section 17.44.090 of the
Municipal Code which requires voter approval of the terms and consideration of any
sale of Town owned property within the Stanley Historic District. The Town Board also
requested an appraisal of the property. All of the documents were to be presented to
the Town Board for consideration at its November 12, 2013 regular meeting. The Board
packet contains the following documents:
1. Appraisal effective November 2, 2013 for Lot 4
2. Proposed Contract to Buy and Sell Real Estate for Lot 4
3. Ordinance approving the Contract
4. Resolution setting a special election on December 17, 2013 including the form of
the ballot question
5. Copy of relevant portions of the land use application filing for the Stanley
Wellness Project
Proposal:
The Buyer has proposed to purchase Lot 4 from the Town pursuant to the terms and
conditions of the Contract. The Contract is specifically contingent upon all necessary
land use approvals for the project being completed by January 30, 2014, and approval
of the sale of Lot 4 pursuant to the terms of the Contract at a special election to be held
on December 17, 2013.
Advantages:
If the Contract is approved by the Town Board, the sale is approved by the voters at
the special election of December 17, 2013, and all land use approvals for the project
are accomplished by January 30, 2014, Lot 4 will be sold to the Buyer for the
purchase price.
Operation of the project on Lot 4 would provide revenue to the Town from sales tax
revenues and lodging tax revenues to the LMD. Construction of the project would
provide construction related revenues to those participating in construction of the
project.
Operation of the project would provide employment opportunities and increase
visitation to the Estes Valley.
Disadvantages:
The review process is expedited and compressed to meet the January 30, 2014 land
use approval contingency in the Contract. .
The special election on December 17, 2013, will be a poll ballot election and not a
mail ballot election.
Action Recommended:
The consideration of Ordinance No. 15-13 is a policy decision by the Town Board and
Staff has no recommendation.
Budget:
Closing of the property will result in revenue to the Town of the purchase price of the
property. The Buyer has entered into a Reimbursement Agreement with the Town
agreeing to reimburse the Town for costs incurred by the Town for the appraisal, an
outside consultant to provide planning assistance to the Community Development
Department for review of the project, and costs of the special election.
Level of Public Interest
Extremely high.
Sample Motion:
I move to adopt/not adopt Ordinance No. 15-13 approving the Contract to Buy and Sell
Real Estate for the purchase of Lot 4 of the Stanley Historic District by the Buyer.
1
ORDINANCE NO. 15-13
AN ORDINANCE APPROVING THE CONTRACT TO BUY AND SELL REAL ESTATE
FOR THE SALE OF LOT 4, STANLEY HISTORIC DISTRICT SUBDIVISION
TO GRAND HERITAGE HOTEL GROUP, LLC
WHEREAS, Section 31-15-713 (1)(b) C.R.S. provides that the Town of Estes
Park, Colorado (“Town”), by ordinance, may dispose of any property not held or used
for park purposes or any governmental purpose upon terms and conditions the Board of
Trustees of the Town (“Board of Trustees”) may determine; and
WHEREAS, an Initiated Ordinance Petition was filed with the Town Clerk on
November 20, 2007, and referred to the electors of the Town by the Board of Trustees
on December 11, 2007; and
WHEREAS, Initiated Ordinance No. 29-07 provided that the Estes Park
Municipal Code be amended by the addition of Section 17.44.090 to read:
“Before any sale of any property owned by the Town of Estes Park within the
Stanley Historic District, the question of such sale and the terms and
consideration thereof shall be submitted and approved at a regular or special
election”
; and
WHEREAS, Initiated Ordinance No. 29-07 was adopted by the electors of the
Town at the Municipal Election on April 1, 2008; and
WHEREAS, Grand Heritage Hotel Group, LLC (the “Buyer”) has presented the
Board of Trustees with a Contract to Buy and Sell Real Estate (the “Contract”). The
form of the Contract is set forth on Exhibit A, attached hereto and incorporated herein
by this reference; and
WHEREAS, the Board of Trustees has reviewed the Contract, taken public
comment, and determined that Lot 4, Plat of Lots 3, 4, 5, 6, 7, 8,and 9 of the Stanley
Historic District Subdivision, Town of Estes Park (“Lot 4”), shall be sold according to the
terms and conditions of the Contract.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
2
1. The Contract to Buy and Sell Real Estate, in substantially the form as set forth
on Exhibit A, is approved, and the Mayor or, in the absence thereof, the Mayor
Pro Tem is authorized and directed to execute the Contract for and on behalf of
the Town, but with such minor changes therein as shall be consistent with Exhibit
A and as the Town Attorney and the Mayor or Mayor Pro Tem shall approve, the
execution thereof being deemed conclusive of the approval of any such changes.
2. Pursuant to the terms and conditions of Section 17.44.090 of the Municipal
Code, the question of the sale of Lot 4 pursuant to the terms and conditions of
the Contract shall be submitted to the electors of the Town at a Special Election
on December 17, 2013.
3. If the sale of Lot 4 pursuant to the Contract is approved at the Special Election of
December 17, 2013, the appropriate elected officials and administrative staff of
the Town are hereby authorized to close the sale of Lot 4 according to the terms
and conditions of the Contract without further action and approval of the Board of
Trustees.
4. All land use applications in connection with the project described in the Contract
which have been executed by the Town Administrator on behalf of the Town as
owner of Lot 4, are hereby ratified; and the Town Administrator is authorized to
execute any other land use applications and/or any other documents to process
the approval of the project described in the Contract through the Town’s land use
application process including, but not limited to, special review applications and
an amended subdivision plat.
5. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado
this _________ day of _______________, 2013.
3
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the ________day of _____________, 2013 and published in a
newspaper of general publication in the Town of Estes Park, Colorado, on the
day of __________________, 2013.
Town Clerk
11-8-13
CONTRACT TO BUY AND SELL REAL ESTATE
1. Contract. Buyer agrees to buy and Seller agrees to sell the Property on
the terms and conditions set forth in this Contract.
2. Defined Terms.
(a) Buyer. Buyer is GRAND HERITAGE HOTEL GROUP, LLC, a
Maryland limited liability company.
(b) Seller. Seller is THE TOWN OF ESTES PARK, COLORADO, a
municipal corporation.
(c) Property. The Property is the following-described real estate
together with the interests, easements, rights, and benefits appurtenant thereto, and all
interests of Seller in strips and gores of land, vacated streets and alleys adjacent
thereto:
Lot 4, Plat of Lots 3, 4, 5, 6, 7, 8, and 9 of the Stanley
Historic District Subdivision of a portion of Tracts 4 and 5,
Stanley Addition to Town of Estes Park, Larimer County,
Colorado.
(d) Project. The Project shall mean a Wellness Training Center
primarily focused on lifestyle changes, physical fitness and training, nutrition and
medical/personal care treatment, with associated facilities and lodging.
(e) MEC (mutual execution of the Contract). MEC shall mean the date
upon which both parties have signed this Contract as indicated next to their signatures
on this Contract.
(f) Due Diligence Deadline. The Due Diligence Deadline shall be the
date that is ninety (90) days after MEC.
(g) Final Approval. Final Approval shall mean final approval by the
Town Board of the Seller (“Town Board”) no later than January 31, 2014 (or, at Buyer’s
option, extension to a date beyond January 31, 2014 but no later than March 17, 2014)
of all land use applications filed by Buyer in connection with the Project (“Land Use
Applications”) and of any action necessary to permit the design of the buildings within
the Project to be compatible with the colors and architecture of the Stanley Hotel
Complex, including but not limited to, the use of red roofs and white walls (“Building
Design Action”), and thereafter expiration of all rights of any person or entity to
challenge the Town Board’s approval of the Land Use Application and the Building
Design Action by referendum or litigation. Nothing in this Paragraph 2(g) shall be
construed as requiring the Town Board to approve the Land Use Applications or the
Building Design Action, and any such approvals shall be made in accordance with
applicable provisions of Town ordinances and regulations governing the Project.
11-8-13 2
(h) Buyer's Activities. Buyer’s Activities shall mean surveys, soil tests,
engineering tests, environmental audits and tests, feasibility studies, appraisals and any
other studies, inspections or investigations Buyer deems reasonably necessary or
appropriate in evaluating the Property for the Project.
(i) Studies and Reports. Studies and Reports shall mean all plans,
plats, studies, surveys, soils reports, geotechnical reports, environmental audits,
drainage studies and reports, utility plans, street designs, landscape plans, traffic
studies and reports, appraisals, and all other documents, studies, and reports relating to
the Property. “Studies and Reports” shall not include any information of a confidential
or privileged nature.
3. Purchase Price and Terms. The purchase price of the Property is
ONE MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS ($1,650,000 ) which shall
be paid by Buyer as follows:
(a) Earnest Money. An amount equal to ONE HUNDRED THOUSAND
DOLLARS ($100,000.00) shall be paid by Buyer to Stewart Title Company (the “Title
Company”) within three (3) business days after approval by the Town Board of the
Seller of all Land Use Applications in connection with the Project as specified in
Paragraph 2(f) above. The Earnest Money shall be deposited in an interest bearing
account. The Earnest Money and all interest earned thereon, shall be referred to as the
“Earnest Money.” If this Contract is terminated by the Buyer prior to the Due Diligence
Deadline, all Earnest Money shall be promptly returned to the Buyer and, except as
provided in Section 6(a) of this Contract, upon return of the Earnest Money all parties
shall be released from all obligations hereunder. If Buyer does not terminate this
Contract prior to the Due Diligence Deadline, the Earnest Money shall be non-
refundable for any reason other than a default by the Seller in the performance of
Seller’s obligations under this Contract or a new title Exception disclosed to Buyer after
the Due Diligence Deadline that is not acceptable to Buyer as provided in Section 5(a)
of this Contract. The Earnest Money shall be applied to the Purchase Price at Closing.
(b) Cash at Closing. The balance of the purchase price subject to
closing costs and customary prorations, shall be payable by Buyer to Seller at Closing
in funds which comply with all applicable Colorado laws, which include cash, electronic
transfer funds, certified check, or savings and loan teller check (“Good Funds”).
4. Evidence of Title.
(a) Commitment. Within ten (10) days after MEC (“Title Deadline”),
Seller, at Seller’s expense, shall cause to be furnished to Buyer a current commitment
for an owner’s title insurance policy in an amount equal to the purchase price (“the
Commitment”) from the Title Company . The Commitment shall commit to delete or
insure over the standard exceptions which relate to: (1) parties in possession; (2)
unrecorded easements; (3) survey matters; (4) unrecorded mechanic’s liens; (5) gap
11-8-13 3
period (effective date of the Commitment to date the deed is recorded); and (6) unpaid
taxes, assessments, and unredeemed tax sales prior to the closing.
(b) Copies of Exceptions. On or before the Title Deadline, Seller, at
Seller’s expense, shall furnish to Buyer (1) a copy of any plats, declaration, covenants,
conditions, and restrictions burdening the Property; and (2) copies of any other
documents (or, if illegible, summaries of such documents) listed in the schedule of
exceptions in the Commitment (“the Exceptions”). This requirement shall pertain only to
documents as shown of record in the office of the Clerk and Recorder of Larimer
County, Colorado. The Commitment, Survey, and copies or summaries of the
Exceptions constitute the title documents (“the Title Documents”).
5. Title.
(a) Title Review. Buyer shall have the right to inspect the Title
Documents. Written notice by Buyer of unmerchantability of title or of any other
unsatisfactory title condition shown by the Title Documents shall be signed by or on
behalf of Buyer and given to Seller on or before the Due Diligence Deadline, or within
fifteen (15) calendar days after receipt by Buyer of any Title Document(s) or
endorsement(s) adding new Exception(s) to the Commitment, together with a copy of
the Title Document adding the new Exception(s) to title. If Seller does not receive
Buyer’s notice by the date(s) specified above, Buyer accepts the condition of title as
disclosed by the Title Documents as satisfactory.
(b) Matters Not Shown by the Public Records. Seller shall disclose to
Buyer, on or before the Title Deadline all easements, liens, leases, or other title matters
not shown by the public records of which Seller has actual knowledge. Buyer shall have
the right to inspect the Property to determine whether any third party or parties has any
right in the Property not shown by the public records (such as an unrecorded easement,
unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory
condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on
behalf of Buyer and given to Seller on or before the Due Diligence Deadline. If Seller
does not receive Buyer’s notice by said date, Buyer accepts title subject to such rights,
if any, of third parties of which Buyer has actual knowledge.
(c) Right to Cure. If Seller receives notice of unmerchantability of
title or any other unsatisfactory title condition(s) or Commitment terms as provided in
Section 4(a) or (b) of this Contract, Seller shall use reasonable effort to correct said
items and bear any nominal expense not to exceed One Thousand and 00/100 Dollars
($1,000.00) to correct the same prior to Closing. If such unsatisfactory title condition(s)
are not corrected on or before the date of Closing, this Contact shall then terminate;
provided, however, Buyer may, by written notice given to Seller at the time of or prior to
Closing, waive objection to such items. Notwithstanding the foregoing, Seller shall
obtain the release of all monetary liens regardless of the cost or expense of obtaining
such release(s).
6. Contingencies.
11-8-13 4
(a) Due Diligence. Within ten (10) business days after MEC, Seller
shall deliver to Buyer true and correct copies of all Studies and Reports Seller may have
in its possession or control pertaining to the Property. Prior to the Due Diligence
Deadline, Buyer, its authorized agents and representatives, shall be entitled to enter
upon the Property at all reasonable times for Buyer’s Activities. Buyer shall promptly
pay when due all costs of Buyer’s Activities, shall not permit any lien to attach to the
Property by reason of Buyer’s Activities, and shall promptly repair any damage to the
Property caused by Buyer’s Activities. Buyer shall defend, indemnify and hold Seller, its
agents and employees, harmless from and against any and all liability, loss, damage,
cost, and expense including reasonable attorney’s fees, which Seller may suffer as a
result of claims, demands, costs, liens, and/or judgments against Seller arising out of
Buyer’s Activities. If Buyer shall for any reason, in Buyer’s sole discretion, disapprove
of, or be dissatisfied with, any aspect of the Property or any investigation, test, or study,
Buyer shall be entitled to terminate this Contract by written notice to Seller given on or
before the Due Diligence Deadline. The obligation to indemnify Seller pursuant to the
terms of this section 6(a) shall survive the termination of this Contract.
(b) Final Approval. This Contract is expressly conditional and
contingent upon Final Approval of the Project. Buyer shall diligently and timely pursue
Final Approval in good faith, execute all documents and furnish all information
reasonably required by the Seller. Buyer agrees to satisfy the reasonable requirements
of the Seller, but Buyer shall have the right, at Buyer's sole and absolute discretion, to
reject any condition of Final Approval and/or withdraw its application for Final Approval
at any time. If Buyer is unable to obtain Final Approval within five hundred forty-five
(545) days after MEC, this Contract shall terminate. The Contingency set forth in this
Section 6(b) is for the benefit of both parties and may not be waived by either party
without the written consent of the other party.
(c) Elector Approval of Sale of Property. This Contract is also
expressly conditional and contingent upon authorization by the electors at a special
Town of Estes Park, Colorado election on December 17, 2013, of the sale of the
Property by Seller to Buyer pursuant to the consideration and terms of this Contract. If
the electors do not authorize such sale on December 17, 2013, this Contract shall
thereupon terminate.
7. Closing. The Closing shall be held on the date that is ten (10) business
days after satisfaction of all Contingencies described in Paragraph 6 above. . Delivery
of deed(s) from Seller to Buyer shall be at closing. The Closing shall be held at 10:00
a.m. at the office of the Seller in Estes Park, Colorado or at such other reasonable time
and location as the parties may mutually agree. The Closing shall be held not less than
ninety (90) nor more than five hundred fifty-five (555) days after MEC. The date of
Closing may be extended by mutual agreement of the parties.
8. Transfer/Use Covenant. Subject to tender or payment at Closing as
required herein and compliance by Buyer with the other terms and provisions hereof,
Seller shall execute and deliver a good and sufficient special warranty deed to Buyer at
Closing conveying the Property free and clear of all liens and encumbrances subject
11-8-13 5
only to those specific Exceptions described by reference to recorded documents as
reflected in the Title Documents accepted by Buyer in accordance with Section 5 of this
Contract and a Covenant to be recorded prior to the recording of the deed restricting the
use of the Property to the Project for a period of twenty (20) years.
9. Closing Costs; Documents and Services. Buyer and Seller shall pay,
in Good Funds, their respective Closing costs and all other items required to be paid at
Closing. Buyer and Seller shall sign and complete all customary or reasonably required
documents at or before Closing. Fees for real estate closing services shall be paid at
Closing one-half by Buyer and one-half by Seller. The documentary fee of .01 percent
of the purchase price shall be paid at Closing by Buyer. Seller shall pay the premium
for the owner’s title insurance policy. Prorations shall be made between the Buyer and
Seller in accordance with customary local practices.
10. Possession. Possession of the Property shall be delivered to Buyer at
Closing free and clear of any leases, subject to Buyer’s right to enter the Property prior
to Closing to perform Buyer’s Activities.
11. Assignability and Binding Effect. This Contract may not be assigned by
Buyer without Seller’s consent except to an affiliate of Buyer. This Contract shall inure
to the benefit of and be binding upon the successors and, to the extent permitted,
assigns of the parties.
12. Condition of Property . The Property shall be delivered to Buyer at
Closing in substantially the same condition existing as of MEC.
13. Time of Essence and Remedies. Time is of the essence hereof. If any
obligation hereunder is not performed or waived as herein provided, there shall be the
following remedies:
(a) Buyer’s Default. If Buyer is in default, all Earnest Money shall be
forfeited by Buyer, released and paid to Seller and, except as provided in section 6(a) of
this Contract, both parties shall thereafter be released from all obligations hereunder. It
is agreed that the Earnest Money is liquidated damages, and not a penalty, which
amount the parties agree is fair and reasonable and said forfeiture shall be Seller’s sole
and only remedy for Buyer’s failure to perform the obligation of this Contract. Seller
expressly waives the remedies of specific performance and additional damages.
(b) Seller’s Default. If Seller is in default, Buyer may elect to treat this
Contract as canceled, in which case all Earnest Money shall be returned to Buyer, or
Buyer may elect to treat this Contract as being in full force and effect and Buyer shall
have the right to an action for specific performance.
(c) Attorneys’ Fees. In the event of any litigation arising out of or in
any way relating to this Contract, the court shall award to the party that substantially
prevails in such litigation all reasonable costs and expenses, including attorneys’ fees.
11-8-13 6
14. Entire Agreement; Subsequent Modification; Survival. This Contract
constitutes the entire agreement between the parties relating to the subject hereof, and
any prior letters of intent or agreements pertaining thereto, whether oral or written, have
been merged and integrated into this Contract. No subsequent modification of any of
the terms of this Contract shall be valid, binding upon the parties, or enforceable unless
made in writing and signed by both parties. Any obligation in this Contract which, by its
terms, is intended to be performed after termination or Closing shall survive the same.
15. Counterpart Copies. This Contract may be executed in counterpart copies.
Signatures may be evidenced by facsimile or electronic mail. Documents with original
signatures shall be provided to the other party at Closing, or earlier upon request of
either party.
16. Notice. Any notice required or desired to be given by the parties hereto
shall be in writing and may be personally delivered; mailed, certified mail, return receipt
requested; sent by telephone facsimile with a hard copy sent by regular mail; sent by a
nationally recognized receipted overnight delivery service for earliest delivery the next
business day; or sent by electronic mail with a hard copy sent by regular mail. Any such
notice shall be deemed given when personally delivered; if mailed, three (3) delivery days
after deposit in the United States mail, postage prepaid; if sent by telephone facsimile or
electronic mail, on the day sent if sent on a business day during regular business hours (9
a.m. to 5 p.m.) of the recipient, otherwise on the next business day; or if sent by overnight
delivery service, one (1) business day after deposit in the custody of the delivery service.
The addresses, telephone numbers, and electronic mail addresses for the mailing,
transmitting, or delivering of notices shall be as set forth below each parties signature on
this Contract. Notice of a change of address of either party shall be given in the same
manner as all other notices as hereinabove provided.
17. Acceptance. This proposal shall expire unless accepted in writing by
Buyer and Seller, as evidenced by their signatures on this Contract, and the offering
party receives notice of acceptance, on or before 5:00 p.m. on November 14, 2013.
11-8-13 7
IN WITNESS WHEREOF, the parties have executed this Contract the day and year
set forth opposite their signatures.
BUYER:
GRAND HERITAGE HOTEL GROUP, LLC, a
foreign limited liability company
By: DELAWARE, LLC, a foreign limited
liability company, Member
Date: __________ By: ___________________________
John Cullen, Member
ADDRESS OF BUYER:
SELLER:
THE TOWN OF ESTES PARK, COLORADO,
a municipal corporation
Date: __________ By:
William C. Pinkham, Mayor
Attest:
Jackie Williamson, Town Clerk
ADDRESS OF SELLER:
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
November 8, 2013
The Estes Valley Recreation and Park District (EVRPD) Board of Directors met last night, Thursday, November 7, 2013,
to discuss a memorandum of understanding with a representative (Greg Rosener) from the Anschutz Wellness Center at
the Stanley (AWCS) regarding the project’s relationship with the proposed Community Wellness Recreation Center
(CWRC) project.
Three specific points were made during this discussion and the EVRPD Board of Directors would like to share this
information with the Town Board of Trustees as an information piece of the AWCS item on the Town’s November 12,
2013, meeting agenda.
Point #1: No Perceived Competition
Based on the information that our Board of Directors and administration have received thus far from representatives from
the AWCS, EVRPD does not perceive the AWCS project to be in direct competition with the proposed CWRC project.
We understand that Mr. John Cullen’s AWCS project will serve a high-end demographic target market to generate
revenue for the AWCS and that it will not focus on the local community from a programming or target market standpoint.
The CWRC project, on the other hand, focuses on a cost recovery model that specifically targets the Estes Valley
Community.
Point #2: Position of Neutrality
However, until we have an opportunity to discuss the AWCS project with our entire project team, consisting of EVRPD,
the Estes Park Medical Center (publically supports AWCS), the Estes Valley Public Library District, and the Estes Park
School District R-3, we believe it would be inappropriate to enter into an agreement without engaging our entire project
team in any proposed MOU. We also believe it would be a disservice to our community to do so, since community input
is a critical component of our feasibility study for the proposed CWRC facility.
Point #3: Positive Synergies towards a Partnership Future with AWCS
EVRPD appreciates any support Mr. John Cullen of AWCS can provide to CWRC project efforts. EVRPD and John
Cullen of AWCS have been working on a draft MOU that can be considered a “working document” as both projects
progress. We look forward to working with Mr. Cullen and AWCS in the future – after the completion of our feasibility
study and the election process for the AWCS project. We foresee a significant amount of synergy between the two
projects that will allow both projects to be more successful through collaboration. We look forward to helping transform
the Estes Valley into a wellness destination in the state of Colorado.
We appreciate the Town of Estes Park’s support of the CWRC project and we look forward to completing our feasibility
study in February 2014.
Sincerely,
Skyler Rorabaugh
Executive Director
__________________________________________________________________
P.O. Box 1379, 690 Big Thompson Avenue info@evrpd.com 970-586-8191 Phone
Estes Park, CO 80517 www.evrpd.com 970-586-8193 Fax
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: David Shirk, Senior Planner
Bob Blanchard, Orion Planning Group
Date: November 12, 2013
RE: Lot 4 – Application status
Objective: Provide application status to Town Board.
Present Situation: Lot 4 is currently undeveloped and owned by the Town of Estes Park. Lot
4 is zoned CO-Commercial Outlying, and has a platted no-development area in the western
portion.
Orion Planning Group use classification analysis finds the proposed use is compatible with CO
zoning.
Application has been submitted and found complete for review.
Project website has been established: www.stanleyanschutzproject.org. This includes
complete application, and will be updated throughout the review process.
Proposal: Sale of Lot 4 for development of a wellness center of approximately 73,000 square
feet.
Advantages: Influx of cash revenue to Town with sale of Lot 4; additional employment
opportunities in the community.
Disadvantages: Initial review indicates the application does not appear to comply with the
following development requirements:
1. Development in platted non-development area.
2. Architectural design does not appear to comply with standards for the Stanley Historic
District, specifically white walls and red roofs. Review by the State Historical
Preservation Officer is pending.
Action Recommended: None. Informational only.
Budget: Impact of sale of Lot 4
Level of Public Interest: Very high
Sample Motion: None.
November 8, 2013
Memo To: Town of Estes Park Trustees
From: Greg Rosener, on behalf of the Anschutz Wellness Center at the Stanley
RE: Requested agreement between the Estes Valley Park and Recreation District and the Anschutz
Wellness Center at the Stanley
Dear Trustees:
After numerous discussions around the issue of a written MOU with Skyler Rorabaugh, three EVRPD
Board Meetings, and one-on-one discussions with EVRPD Board Members concerning the Anschutz
Wellness Center at the Stanley, I am pleased to inform you that the EVRPD and Grand Heritage Hotel
Group have the clear understanding that both parties will continue to work together in the coming months
to coordinate ‘Wellness’ programing efforts between the two entities.
Although both sides worked diligently to come to a written agreement, in the end it became unmistakable
to both parties such an agreement is premature. In the case of the Anschutz Wellness Center at the
Stanley, the decision as to whether this project will become a reality is still unclear because of the
development and political issues that are yet to be resolved. In the case of the Community Wellness
Center, it is so early in the planning stages the EVRPD Board felt it premature to try to ‘lock’ either side
into any kind of a written agreement that would have the appearance of a contractual relationship with so
many unknowns.
But after the EVRPD Board meeting on November 6, it is obvious there is the tremendous potential for a
synergistic relationship between the two ‘Wellness’ entities. And this synergy is exemplified by the
partner relationship between the Estes Park Medical Center and the Anschutz Wellness Center at the
Stanley and the Estes Park Medical Center’s guiding role in the proposed Community Wellness Center. I
feel it inappropriate to speak for the Estes Park Medical Center, but it is clear to all involved with the
Anschutz Wellness Center at the Stanley that the Estes Park Medical Center is what I would call the
‘bridge’ that gives all parties the avenue to work together to make the whole concept of ‘family wellness’
an integral part of Estes Park.
In closing, I want to acknowledge the efforts of the EVRPD Board Directors for all the time spent to get
us to this point. In addition it needs to be noted that it is the assistance of the Estes Park Medical Center
that helped highlight how both projects have benefits to the Estes community. The leadership of the Estes
Park Medical Center has assisted greatly in creating this synergistic opportunity that bridges the Anschutz
Wellness Center at the Stanley and the Community Wellness Center projects which results with the
highest benefits to the Estes Park community.
EdwaniHayek611FindleyCLEstesPa,k,CO80517October31,2013DearDirectorChilcott:IhadtheopportunitytoobservethePre-ApplicationmeetingheldonWednesday,October30,2013.IwasdisturbedbymuchofwhatIheardatthatmeeting.Ithinkmostofthepublicwouldbealso.Itstrikesmethattoomuchaccommodationisbeingmadeforthedeveloper,withoutreciprocalcooperationbythedeveloper.Thecityemployeesarebreakingtheirbackstobehelpfultothedeveloper.Overandover,Iheardcityplanningortheconsultantsstipulatewhatcoderequirementsare.Overandover,Iheardthedeveloperobjectandresist,theycouldn’tdothat,itwasn’tnecessaryetc.Somespecifics:1.TheWestendofLot4iscurrentlyplattedasanon-developmentarea.Asignificantportionoftheproposedfacilityisonthatarea.Thiswasestablishedasanopencorridorforviewsandwildlife.WhywouldtheCitychangethatnowtoaccommodatedevelopment?AsaresidentofFindleyCourtitistomyadvantageiftheydobuildonthatportionofLot4,itisfartherawayandslopesdownward.Butthatisnotthepoint;thisspacewastobekeptundevelopedonthePlat.Mustwedevelopallouropenland?PeoplevisitorsettleinEstesforviewsandwildlife,notbuildingsandparkinglots.Someinourbusinesscommunityappeartohavethisbackwards.Oncewepaveeverythingover,peoplewillnotcome,we’renothingspecial.Achangeindesignationshouldnotbeyetanotheraccommodationtothedeveloper2.Thedevelopercontinuedtoobjecttodetailrequestsfromvariouscitydepartmentstounderstandthetotalmasterplan.TheCityrepresentativeshadvalidreasons.Howdoyoudetermineadequacyofstormwater,sewage,andtrafficpatterns,etc.unlessyouknowwhatthetotalplanis?Ialsobelievethepublichasarighttoknowthetotalpicture.Developerhasn’tsubmitteddetailelevationmaterialbeingrequested.Thisfarintothegame,wedon’tevenknowhowtallthebuildingswiltbe.Sofarallthepublichasseenareproponent’sargumentsinthepaper,andbeengivenlittlerealdetailofthisproject.Everyonehasarighttoknow.Howwillanyvoterknowwhattheissuesare?Thereisnoopportunityforthemtobeeducated.Thisisarealissuewiththisfast-trackprocess.3.EmployeeHousingisapartofthisplan.FindleyCourtresidentshavebeenveryconcernedabouta26,000squarefootemployeehousingpod,immediatelyadjacenttotheirproperty.Pertheplanningdepartmentsuchfacilitiesareaccessorybuildingslimitedto1000squarefeet.Howcanwepossiblybeokwiththis?4.ThisplancontinuestobespunasaWellnessCenter.Onthecurrentplan(oneofmanyI’veseen),theFitnessCenterisonly11,600squarefeetandtheTreatmentandNutritionCenterare15,000squarefeet.Onlyabout1hoftheproposedbuildingsactuallyservesthestatedpurpose,therestishousing.Isn’tanyonequestioningthat?Itlookslikeadditionalhotelspacetome.Howcanthatcanfitusedesignations?5.Time,Time,Time.IfIunderstandcorrectly,thenexttimethepublicwillbeabletocommentisatthePlanningCommissionReviewofDevelopmentApplicationsonDecember9th.Thatisabout1%monthsfromnow,yettheelectionwouldbealittleoveraweekafterthatmeeting.Doesthatmakeanysense?Alltheaccommodationisbeingmadeforthetimeframeofthe
•Page2October3l,2013developer.Thisispubliclandownedbythepublic.Theirconcernsshouldbeparamount,thatiswhoyourepresent,andthisfeelsverybackward.Underthisprocesshowdocitizensthatdonotthinkthisprojectisinthebestinterestofthecommunity,havetimetoeducatetheirfellowcitizensonalltheissues?Thisram-rodapproachtakesawaythatpublicright,andasacitizenIfinditveryobjectionable.PleasedonotgettheimpressionthatIamtotallyagainstanydevelopmentonLot4.Itispublicproperty.Whateverdevelopmentoccurs,shouldserveallcitizens,shouldconsiderthenaturalbeautyofthesite,andpreserveit.In2007thecitizensvoteddownaproposeddevelopmentofapproximately60,000squarefeet.Commentsatthattimewerethatitwasoverbuiltandgrotesque.Sowhatdoesthatmakethe100,000squarefeetyouarenowentertaining?Pleasekeepallcitizensinmindasyouconsiderthevariousissuesassociatedwiththisproject,notjusttheviewsofthedeveloperandasmallcontingentofthebusinesscommunity.Sincerely,EdwardA.Hayek’
Town Clerk Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: November 8, 2013
RE: Resolution #34-13 Setting A Special Election for December 17, 2013 for
the Sale of Lot 4, Stanley Historic District and Setting the Ballot Language
Objective:
To set a special election for the sale of Lot 4, Stanley Historic District per Municipal
Code Section 17.44.090 Vote Prior to Sale.
Present Situation:
At the November 12, 2013 meeting, the Town Board will consider a sales contract for
Lot 4, Stanley Historic District to the Stanley Hotel for the Anschutz Wellness Center.
If the Board approves the contract, Resolution #34-13 will be considered by the Board
to set a special election for Tuesday, December 17, 2013 as a poll election and to
approve the ballot language.
Proposal:
As per State Statute 31-10-108 a special election shall be held on a Tuesday designated by
resolution by the Town Board; no special election shall be held within ninety days preceding
a regular election (April 1, 2014); and no special election shall be called within thirty days
before the date selected for the election. Therefore, the only day available to complete a
special election would be Tuesday, December 17, 2013. The election would be held as a
poll ballot election because there is not enough time to conduct a mail ballot election.
The Resolution would designate the Town Clerk as the Designated Election Official for the
Town of Estes Park, thereby giving authority to complete all aspects of the Municipal
election. Electronic equipment, Accuvote machines, would be rented from Dominion Voting
to count the ballots. Dominion would also be used to set up the ballot layout for the printer.
Additional equipment would be rented from Larimer County, ballot boxes and voting booths,
to complete the election.
In order to formally obtain the assistance of Larimer County, an Intergovernmental
Agreement is required and would be developed for the Board’s approval at the next Town
Board meeting should Resolution #34-13 be approved to set the election.
Advantages:
Provides the Town Clerk the authority to perform a special municipal election.
Disadvantages:
None.
Action Recommended:
Approval of Resolution #34-13 if the Board approves the sales contract for Lot 4,
Stanley Historic District.
Budget:
All costs associated with the special election would be reimbursed by the Stanley Hotel.
The cost is estimated at $8,000 in fixed costs. This does not include staff time.
Sample Motion:
I moved to approve/deny Resolution 34-13 setting a Special Municipal Election for
Tuesday, December 17, 2013.
RESOLUTION NO. 34-13
WHEREAS, on November 12, 2013, the Town Board of Trustees approved a
Contract to Buy and Sell Real Estate for the sale of Lot 4, Plat of Lots 3, 4, 5, 6, 7, 8 and
9, Stanley Historic District Subdivision, Town of Estes Park, State of Colorado; and
WHEREAS, Section 17.44.090 of the Municipal Code requires as follows:
“Before any sale of any property owned by the Town of Estes Park within the
Stanley Historic District, the question of such sale and the terms and
consideration thereof shall be submitted and approved at a regular or special
election”
; and
WHEREAS, Colorado Revised Statutes 31-10-108 requires a special municipal
election to be held on any Tuesday; and
WHEREAS, it is the decision of the Town Board by the adoption of this
Resolution to hold a Special Municipal Election on December 17, 2013, pursuant to the
provisions of Section 31-10-108 C.R.S.; and
WHEREAS, Section 31-10-401, C.R.S., 1973, allows the Board of Trustees to
delegate to the Town Clerk, by Resolution, the authority and responsibility to appoint the
Judges of Election.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1. That a Special Municipal Election shall be held on Tuesday, December 17,
2013.
2. That the only polling place shall be in the Municipal Building:
Rooms 202-203, Municipal Building for polling place voting, December 17,
2013 (Election Day), 170 MacGregor Ave., Estes Park, Colorado.
3. That early voting will be conducted through Absentee Ballot voting with
applications available November 13 through December 13, 2013 and shall
be available from 8:00 a.m. – 5:00 p.m. in the Town Clerk’s Office.
4. That the polls on Election Day shall be open from 7:00 a.m. - 7:00 p.m.
5. That the Global Electronic Voting System “ACCUVOTE” shall be used in
the Special Municipal Election and that the Town Clerk be and is hereby
authorized and directed to perform all acts and functions necessary for the
use of such voting equipment as required by the laws of the State of
Colorado pertaining thereto.
6. That pursuant to Section 31-10-401, C.R.S., 1973, the Board of Trustees
delegates to the Town Clerk, by Resolution, the authority and
responsibility to appoint the Judges of Election.
7. That the Judges of Election shall receive for their services the sum of
$150.00/ea. on Election Day, and $20.00/ea. for Judges Training School.
8. That the Town Clerk shall arrange for such materials and supplies for such
election as may be necessary.
9. That the Ballot Question shall be substantially in the form as set forth on
Exhibit A attached hereto.
DATED this day of 2013.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
EXHIBIT A – RESOLUTION #34-13
Draft of Ballot Question
Shall the Town of Estes Park (“Town”) sell Lot 4, Plat of Lots 3 through 9, Stanley Historic District
Subdivision, Town of Estes Park, Colorado (“Lot 4”), pursuant to the following key terms and
consideration of the “Contract to Buy and Sell Real Estate,” a complete copy of which is on file with the
Town Clerk (“Contract”):
Buyer: Grand Heritage Hotel Group, LLC
Purchase Price: $1,650,000, payable at Closing.
Earnest Money:
(1) $100,000 paid by Buyer to Town within 3 business days after Town Board approval of all land
use applications earlier filed in connection with the Anschutz Wellness Center at The Stanley Hotel
project (“Land Use Applications”) and Town Board approval of any action required to permit the
buildings within the Project to be consistent with the colors and architecture of the Stanley Hotel
Complex (“Building Design Action”).
(2) If Buyer terminates the Contract prior to the Due Diligence Deadline which is 90 days after
execution of Contract, earnest money is refunded to Buyer.
(3) Thereafter, earnest money is nonrefundable unless the Town is in default under the Contract.
(4) Earnest money applied to purchase price at Closing.
Contingencies:
(1) Buyer’s right to receive studies and reports and inspect Lot 4 and terminate the Contract prior to
the Due Diligence Deadline, if not satisfied with condition of Lot 4.
(2) Approval by Town Board of the Land Use Applications and Building Design Action no later than
January 31, 2014 (or no later than March 17, 2014 if extended by Buyer), and thereafter expiration of all
referendum and litigation periods related to such approvals (“Final Approval”), with a Final Approval
deadline of 545 days after execution of the Contract.
(3) Authorization by the electors at a special Town election on December 17, 2013, for the sale of
Lot 4 to Buyer pursuant to the terms and consideration of the Contract.
Closing:
Within 10 business days after satisfaction of all Contingencies, with a Closing deadline of 555 days after
execution of the Contract.
Use Covenant:
Covenant will be recorded prior to recording of the deed to Buyer, restricting use of Lot 4 for a 20-year
period to a wellness training center primarily focused on lifestyle changes, physical fitness and training,
nutrition and medical/personal care treatment, with associated facilities and lodging.
Assignment:
Buyer may not assign Contract except to an affiliate of Buyer.
Default:
If Town defaults, Buyer may cancel Contract or seek specific performance; if Buyer defaults, earnest
money is forfeited, with prevailing party subject to payment of costs and attorneys’ fees.
Miscellaneous Terms:
There are additional miscellaneous terms in the Contract including those related to title matters, closing
details and notice.
YES
NO