HomeMy WebLinkAboutPACKET Town Board 2012-08-28The Mission of the Town of Estes Park is to plan and provide reliable,
high-value services for our citizens, visitors, and employees. We take
great pride ensuring and enhancing the quality of life in our community
by being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, August 28, 2012
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated July 17, 2012, August 2, 2012 and
August 14, 2012, and Town Board Minutes dated August 14, 2012.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities, Public Works, August 9, 2012.
1. Police Lobby Remodel, $140,000.
2. John Deere Utility Tractor, Colorado Equipment - $50,625 – Budgeted.
3. 2012 Street Crack Sealing, A-1 Chipseal Co. - $119,040 – Budgeted –
Moved to September 11, 2012.
4. Estes Valley Planning Commission Minutes dated July 17, 2012 (acknowledgement
only).
5. Estes Park Housing Authority Fee Waiver for The Pines Condominiums
Development Application Fees. Applicant Request Continuation of the Item to
September 25, 2012.
2. LIQUOR LICENSE ITEMS:
1. REPORT - RENEWAL LICENSE - GALEX LLC DBA CHELITOS MEXICAN
RESTAURANT. Town Clerk Williamson.
Prepared 8/15/12
*Revised: 8/23/12
**Revised 8/23/12
***Revised 8/24/12
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. CONSENT ITEMS:
A. AMENDED CONDOMINIUM MAP, Ranch Meadow II, 1639 Raven Avenue,
Units A-L, Ranch Meadow HOA/Applicant.
B. SUPPLEMENTAL CONDOMINIUM MAP #4, Stanley Avenue Condominiums,
510, 512 & 514 Stanley Avenue, Kingswood Homes/Applicant.
C. MINOR SUBDIVISION, Lot 2, Pine Knoll Subdivision, Estes Park Housing
Authority/Applicant. Request to continue to September 25, 2012.
D. PRELIMINARY & FINAL CONDOMINIUM MAPS, Lots 1 & 2, The Pines
North Condominiums and The Pines Condominiums, Estes Park Housing
Authority/Applicant. Request to continue to September 25, 2012.
4. ACTION ITEMS:
1. TREE BOARD APPOINTMENTS. Director Zurn.
2. REVISED KIOWA RIDGE LAND PURCHASE (WATER TANK & OPEN SPACE).
Assistant Town Administrator Richardson.
5. ADJOURN.
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Town of Estes Park, Larimer County, Colorado, July 17, 21012
Minutes of a Study Session meeting of the TOWN BOARD of the Town
of Estes Park, Larimer County, Colorado. Meeting held at Town Hall
Rooms 202/203 in said Town of Estes Park on the 17th day of July,
2012.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees, Elrod,
Ericson, Koenig, Norris and Phipps
Attending: Mayor Pro Tem Blackhurst, Trustees, Elrod, Ericson,
Koenig, Norris and Phipps
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Fire Chief Dorman, Director Chilcott,
Commander Rose, PIO Rusch, and Town Clerk Williamson
Absent: Mayor Pinkham
Mayor Pro Tem Blackhurst called the meeting to order at 6:00 p.m.
Commander Rose stated an operational debriefing of the Woodland Heights fire was
held on July 5th. It was determined the operational aspects of the event were handled
well; however, communication could be improved both internally and externally. A list of
tasks to improve communications was assembled, including applying for government
emergency telephone (GET) priority to allow priority to numbers on the list during an
emergency; research wireless carrier capabilities during an event and 800 MHz
dependability; determine if the cell phone companies would increase capacity to meet
the communities maximum need during peak summer season; formalize interagency
crisis communications plan, develop and conduct emergency management training for
business owners to include accommodation evacuations, traffic plans, information
dissemination, cell phone use, etc.; formulate and distribute general emergency talking
points to accommodations and businesses through Visit Estes Park; establish clear
guidelines for Everbridge notification system; research cost and implementation for a
local AM emergency radio station to record messages that would loop; create Town
staff text message group; incorporate utilities representative at Command Post (IC);
coordinate volunteer efforts; logistics officer assignment; and use of Channel 8 and Nick
Molle for emergency information.
The Board questioned what role could VIOP and the fiber ring play during an
emergency. Staff stated VIOP communications utilize a cell tour and therefore would
not provide additional capacity. Additional capacity could be utilized through wireless or
Ethernet connections. The Board discussed the need to convert the Visitor Center into
a joint communication center, cross training the ambassadors, and convert the phone
lines to emergency communication lines during an event. The Town’s dispatch center
has the capability to set up an emergency contact line for the community to receive
information.
The Everbridge system was designed to be used during an eminent emergency;
however, the system does have a community information application. The community
piece has been used in Fort Collins with some issues such as people thinking they are
receiving an emergency message rather than community information. Additional
research on how to use this application is needed before implementing it further.
Alternate communication methods could include using the Visit Estes Park stakeholder
email list to communicate during an emergency; social media; establish an AM radio
station at a cost of approximately $10,000, and press releases on how to get the latest
updates. Protocols should be established on how to communicate during an
emergency event. Staff would investigate the availability of grants through FEMA or
CDBG.
The Board received numerous comments and feedback during and after the fire
including the incredible response and availability of the helicopters due to the High Park
fire in Fort Collins; the traffic jam created during the evacuation of the Park through the
Fall River entrance; what would have been the Park’s response if the fire had started in
the Park; the Park does not let fires in the urban interface burn, therefore, the response
would have been the same; Fire Chief Dorman stated the district is working to develop
alarm levels to improve response; and a community table top exercise is needed to
prepare the community.
Administrator Lancaster stated the County would normally take the lead on the recovery
effort because the fire occurred almost solely in the unincorporated area; however, with
the High Park fire the County has been overwhelmed. The Town has provided
information to the fire victims on how to avoid fraud, scams, and how to rebuild. The
Community Development department has prepared recovery information. There may
also be FEMA funding available for the recovery. A FEMA team recently visited the fire
area and may include the Woodland Heights fire with the High Park and Waldo fire
incidences for disaster relief. SBA funds may also be available regardless of FEMA
funding for any small business in the area.
There may be policy discussion as the recovery moves forward such as several homes
being served by one tap, which is not allowed under current policy. There would most
likely be requests for fee waivers that may benefit insurance companies; therefore,
there is a need to discuss the issue further with the Board.
The Town does not currently have a contingency plan for establishing an offsite location
for Town business including dispatch services. The Fire Station would not be a
convenient location because the district is still awaiting the fulfillment of a grant to
upgrade to 800 MHz system. The Police communication truck could be utilized as a
backup dispatch center during an emergency.
Town Administration shall develop a text group to communicate with the Board during
future emergencies because texting capacity was still available even though cell phone
usage was interrupted during the current emergency. Trustees questioned whether or
not the Board should be given scanners. The Board stated a policy should be
developed on how the Board received communication during an emergency in order to
effect policy decisions. Training should be completed after each biennial Municipal
election. Administrator Lancaster stated NIMS training would be good basic training for
the Board. He also stated the Board reacted appropriately during the fire by being
nearby and talking to the people affected by the fire.
There being no further business, Mayor Pinkham adjourned the meeting at 7:20 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, August 2, 2012
Minutes of a Study Session meeting of the TOWN BOARD of the Town
of Estes Park, Larimer County, Colorado. Meeting held at Museum
Meeting Room in said Town of Estes Park on the 2nd day of August,
2012.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees, Elrod,
Ericson, Koenig, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Directors Bergsten, Chilcott, Kufeld, McFarland
and Zurn, Manager Winslow, Public Information Officer
Rusch and Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 8:30 a.m.
Definition of Goals
A goal should be a general guideline that explains what you want to achieve, long term,
or a global vision that has an end statement. Goals should be attainable, measurable
and specific, with a clear objective and have a definable end date. A clearly defined
goal allows the Board and staff to know when it has been completed.
Goal Setting Process
The Board discussed the timing of setting goals including the need to develop goals and
evaluate the previous year’s goals and objectives as a part of the budget process
starting in May/June of each year. It was determined 4 to 6 ongoing long range goals
that fund improvements should be developed with definable objectives set annually.
The Board would like to have a five year outlook when developing goals and objectives.
The policy governance document would address the goal setting process.
Review of 2012 Goals
Staff prepared a document to outline the five goals and objectives of each. The
document established goal teams headed by two department heads to help coordinate
the effort. It is the responsibility of the co-chairs to direct, lead and manage the assigned
goal team efforts in achieving the goal. Once the goals have been established by the
Board, it is the responsibility of Town Administration and staff to fulfill the goals. Staff
will continue to utilize the process of identifying lead staff, objectives for each goal and
an action plan based on issues from the citizen survey.
Develop Economic Strategy
Assistant Town Administrator Richardson has been attending economic development
meetings as a representative of the Town. He stated the group has identified the most
successful economic offices are those not associated directly with the local government,
but who’s efforts are supported financially. The next steps include a State economic
assessment of Estes Park to review the options for new business and how to retain the
current tourism base. The group has also agreed there is a need for all local taxing
entities to be involved and at the table.
Improve Transportation
The Board stated the Town is on track with improvement and the community has been
positive regarding the progress made to date. The Transportation Visioning Committee
and the Shuttle Committee need to be formalized and goals set for these two
committees. The transit/parking structure financing needs to be identified and
Town Board Study Session – August 2, 2012 – Page 2
construction to begin in 2013. The construction would begin in the fall of 2013 with
completion by the end of spring 2014. The Board expressed concern with the design of
the structure and the need for both Board and community input.
Sustain Infrastructure
Staff has been moving forward with improving the roadways with the additional funding
made available in 2012. The utilities staff would be providing additional information on
the status of the water system and the line replacement needs. The Board questioned
what financing options would be available to complete road improvements such as a
sales tax paid by citizens and visitors, the creation of a new road utility paid by the
citizens of Estes Park, COPs or bonding.
Town Administrator Lancaster discussed the option of creating a strategic plan and
through the process developing a community improvement package that addresses
needs of the community, thereby building support and buy in from a number of
constituents. This scenario would have the Town bringing forward one sales tax
request in 2013 rather than a number of potential increases for future projects. Fort
Collins used this approach and was successful; therefore, staff suggested meeting with
Fort Collins staff to discuss how the sales tax increase was marketed to the community.
He stated a plan could address what the community might look like in 2025 and
emphasize the needs (street improvements, expand economy to year-round, create
other business opportunities, affordable housing for middle income, community center,
transportation/shuttle system, etc.) and results rather than the sales tax. The Board
would adopt the vision/strategy with the effort of the community and other districts.
The Board discussed the need to address other financing options such as engaging the
county to fund improvements, outside businesses and residents, what could be
borrowed and the interest rates, and the need to understand the pros and cons of the
different funding options. It was stated that construction costs are down and the Town
should take advantage of the current construction environment. Concern was raised on
increasing the sales tax could have a negative affect on lodging owners in town, and
would positively affect the Fire District which receives 7% of annual sales tax
collections.
Staff would bring forward a facilities manager position during the 2013 budget because
the Town does not have a maintenance plan to review maintenance of the Town owned
physical capital.
Staff has been working with a consult to develop a scope of work addressing the current
groundwater issues. Once the State approves the scope of work an RFP would be
developed to complete the improvements. Staff would recommend phasing the
improvements; however, the State may require the improvements be completed
immediately.
Stanley Park Redevelopment
The Board discussed the need to review timelines for the design, bid and build for both
the stall barns and the MPEC. This multi prong approach would allow the Board to
review the updated pro forma for the MPEC and determine if it is feasible to move
forward with both projects. Concern was raised with how the MPEC would be financed
and if waiting would delay the construction of needed stall barns for next year. The
Board consensus was to move forward with an A-3 design for the stall barn that would
accommodate human use. Staff would develop pert charts for review with the Board at
an upcoming meeting to provide staff with direction.
Staff would develop an RFP this fall to address how the FOSH funds would be
distributed. The Board requested staff research the original committees intent for the
distribution of the funds.
Town Board Study Session – August 2, 2012 – Page 3
Bond Park
The Board discussed whether the item should remain as a goal because the Master
Plan has been developed and a number of the phases will be completed by next spring.
The item would remain as a short term goal due to financial and budgetary
requirements. It was suggested pert charts be developed outlying the projects to
illustrate the flow and funding needed.
2013 GOALS
Develop Economic Strategy
• Complete an internal audit of town services and information to support business
expansion and new businesses.
• Review the Municipal Code and Estes Valley Development Code outlining
barriers to business development.
• Continue to participate in county, regional and state economic planning.
• Develop and adopt a policy defining the Town’s role in economic development.
Improve Transportation
• Complete financing and begin the construction of the transit facility in 2013.
Sustain Infrastructure
• Continue the street maintenance /improvement program.
• Address groundwater issues with the closed landfill on Elm Road.
• Address maintenance and management of Town owned buildings.
Stanley Park Redevelopment
• Develop and implement a process for the use of the FOSH funding by the end of
first quarter, 2013.
• Develop an RFP and financing mechanism for a new stall barn and possible
MPEC at the Fairgrounds with completion of the barns prior to the 2013 season.
Bond Park Redevelopment
• Continue development and construction of the Bond Park Master Plan phasing.
Other
• Adopt a policy and plan to address ongoing capital needs comprehensive capital
improvement plan, including financing alternatives.
• Adopt governing policies for the Board by June 1, 2013.
• Development and adoption of a strategic plan by June 1, 2013, to be used in the
development of the 2014 budget and in subsequent years.
• Development and adoption of a Community Grant policy.
There being no further business, Mayor Pinkham adjourned the meeting at 12:08 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, August 14, 2012
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION
of the Town of Estes Park, Larimer County, Colorado. Meeting held at
Town Hall in Rooms 202/203 in said Town of Estes Park on the 14th
day of August, 2012.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris, and Phipps
Attending: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris, and Phipps
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Dir. Zurn, Dir. Bergsten, Dir. Williamson,
Finance Officer McFarland, Manager Winslow, Town
Attorney White, and Deputy Town Clerk Deats
Absent: None
Mayor Pinkham called the meeting to order at 4:00 p.m.
STALL BARN DISCUSSION.
Discussion at a previous Town Board Study Session involved proposed uses for the
stall barn in order to determine what type of structure to build. Representatives of the
design team defined the characteristics of a U-rated structure which could be used for
strictly agricultural purposes, as well as a building with an A3-rated use which would
allow the building to be used for a variety of purposes and provide for more scheduling
flexibility. The cost of an A3-rated building was estimated to be $1.7 million to $2.5
million. The Board’s preference is to move forward with an A3-use stall barn, to move
forward with construction bids for the multi-purpose event center (MPEC), and have
Finance Officer McFarland provide information regarding financing options for the
projects.
The Trustees requested that Elena Scott of Norris Design, provide the construction
costs of a bare minimum A3 structure and supply a list of costs for add-ons such as
masonry accents, cupolas, office finish, and a public address system that may or may
not be included in the original structure but could be added if funding is available, or at a
later date. Ms. Scott estimated cost of a basic stall barn without restrooms at $1.976
million. The addition of restrooms at an estimated cost of $245,000 would be required
in order to bring the structure up to A3 usage specifications. The cost of a foundation
under the restrooms would be additional, as well as $150,000 for off-site sewer
requirements.
The add-on costs were reviewed and discussed: masonry accents are part of the
architectural requirements established for improvements and new structures at the
fairgrounds; the cupolas are more decorative than functional; upgraded sewer lines
would service entire fairgrounds property; wash bays are external and drain into
detention ponds, not the sewer system; an exception could be requested for
landscaping and irrigation requirements; and staff will research the cost to rent stalls as
opposed to purchasing stalls for the barn.
Additional comments included: the new stall barn will be fully utilized if the old barns
are removed; 490 stalls are required for the Hunter Jumper event; the fairgrounds need
to be both functional and attractive to be competitive; staff is currently working with a
group concerned with the facility’s appearance and working to make accommodations
to improve the situation; and the proposed delivery, construction and completion of the
new stall barn is May 15, 2013.
Town Board Study Session – August 14, 2012 – Page 2
In regard to the architectural requirements for buildings at the fairgrounds, Mayor Pro
Tem Blackhurst noted that previous Boards adopted design standards such as masonry
accents, colors, design and trim because it was important to ensure that the fairgrounds
was a first class facility. He said from a cost per square foot perspective, the
construction of the building is relatively inexpensive.
Dir. Zurn stated that the Board needs to be confident in the type of structure they want
built before directing the designers to move forward with schematic designs for the
building and site, and the development of construction drawings for bidding purposes.
To go backwards or make changes that would require a new design would be
expensive. He said the directive to proceed must be based on estimated costs, added
that the numbers include a 10% contingency, and stated that actual numbers may come
in lower than the estimates. Glen Calvert, design team member, suggested preparing
the construction bid documents and listing certain items as alternates in order to get
numbers from contractors. He cited masonry columns, electrical upgrades, a public
address system, and restrooms as examples.
The Board expressed a comfort level with the add alternates approach to the project
and directed staff to move forward with plans for an A3-use stall barn that would adhere
to adopted architectural standards for the fairgrounds.
In addition, the Board requested that staff proceed with obtaining bids for construction of
the MPEC which is designed to accommodate conventions, function as an exhibit hall,
and house 140 horse stalls. Other potential uses for the MPEC may be sporting events
and regional tournaments sponsored by the school district, clubs, or sports
organizations. The MPEC construction costs combined with data received from the
MPEC pro forma, and financial information provided by Finance Officer McFarland will
provide the Board with information for future decision-making.
The Mayor called for a ten minute break for dinner at 5:00 p.m.
POLICY DISCUSSION.
Utility Transfer – Finance Officer McFarland reported that the current rates of transfer
from the Utility Funds are 8.5% for Electric and 4.0% for Water based on gross revenue
provided by residential and urban sales. Information recently discovered in the Town
archives (circa 1940 when the Utilities were created) refer to a transfer from Utilities to
the General Fund for the purpose of keeping future property tax increases to a
minimum. Estes Park continues to have a low mill levy when compared to the rest of
the State of Colorado. Utility Fund transfers are not unique to Estes Park, as a report
previously completed by Assistant Town Administrator Richardson indicated that 79% of
29 municipalities researched utilize utility fund transfers. Previous discussions led to
the Board requesting a policy related to the Utility Fund transfer to provide a basis for
the transfer and transparency for the public. Assistant Town Administrator Richardson
developed a draft policy for the Board’s review which proposed a transfer cap of 10% of
net revenue. Net revenue refers to an organization’s revenues, net of discounts and
returns; while net income is revenue net of all expenses. Discussion is summarized: a
transfer based on net revenue is standard practice; a transfer based on net income
would have major budget implications; set a policy that makes sense and demonstrates
transparency to the public; transfer the balance remaining after expenses are
subtracted from revenue; no problem with the Town charging the utility for use of Town
facilities; transfer continues to keep property taxes low and helps to fund services such
as the Senior Center; without the transfer services would have to be cut; outcomes
justify the percentage of the transfer and are necessary for the quality of life; services
funded from the General Fund seem appropriate; what we are doing seems to be
working; will be setting policy that will be a guideline in the future; and feel comfortable
with the 10% cap proposal.
Town Administrator Lancaster stated that a private utility pays franchise fees and taxes
Town Board Study Session – August 14, 2012 – Page 3
and the Town utility is paying the same expenses. The return on investment of Public
Service is 10.5% off the top which is regulated by the Public Utilities Commission.
The Trustees questioned the percentage of wages for services rendered for
administrative services to the utilities. The policy should state the basis for allocating
the percentages with the Finance Officer implementing a reasonable cost allocation
process. Assistant Town Administrator Richardson and Finance Officer McFarland will
continue to work on the policy to include the basis for allocations and transfer
percentages.
Community Service Grants – Finance Officer McFarland said that over the past six or
seven years, the total amount of Community Service Grants (CSG) funded equaled
approximately 5% of sales tax. Trustee Koenig provided background related to
guidelines used during the selection process which include, but are not limited to: are
the funds used to address a community need; is the organization increasing the dollar
amount of their request and if so, what is the basis for the increase; how many people
are served by the organization; and does the organization seek out other funding
sources. Trustee Elrod expressed concern that the Town’s generosity may limit the
ability of these organizations to receive funds from the private sector and also noted that
utilizing sales tax dollars for the CSGs eliminates the public’s choice as to what
organizations to support. He suggested cutting back on the grants and allowing the
public to make decisions regarding what organizations to provide with financial
assistance. The Trustees requested that staff include selection criteria within the policy
and preferred to keep flexibility by designating a percentage rather than a fixed dollar
amount to be utilized for grants. In addition, the Trustees proposed that the grant funds
be used for programs that tie into the Town’s mission, vision and goals.
Catastrophic Loss Fund – The Trustees discussed whether there is a need to
continue holding the monies from the Catastrophic Loss Fund (CLF) in reserve or to
consider utilizing the funds in some manner. The fund was created in 1977 as a self-
insurance fund following the Big Thompson Flood for the purpose of covering uninsured
losses and deductibles the Town might incur. Funding of the CLF ended in1988 when
the balance in the fund reached $1 million. The CLF was discontinued in 2010 and the
monies were transferred to the General Fund fund balance. In 1988 the Town began a
relationship with CIRSA for property and liability insurance coverage. With insurance
coverage in place, the $1.277 million amassed in the CLF may be used to address other
needs of the Town. The Trustees concurred that these monies no longer needed to be
held in reserve and discussed utilizing the CLF funds for capital projects in Light &
Power, Water, Streets and Parks. Town Administrator Lancaster said that transfers to
the CLF from Light & Power and Water will be returned and earmarked as supplemental
funds for capital projects and infrastructure improvements.
FUTURE AGENDA ITEMS.
Items discussed for inclusion on future Town Board Study Session agendas include:
• Visit Estes Park Branding Blueprint – Logos and Colors
• The Town’s role in economic development, Town real property, financing options
• Update to Comprehensive Plan – Joint meeting with the Estes Valley Planning
Commission
• Strategic Planning
• Policy Governance
• Quasi-Judicial Role of Trustees
MISCELLANEOUS.
Town Administrator Lancaster asked for direction in regard to follow-up from the
community bear meeting that was held on August 9th and noted that the Town does not
have a contractual arrangement related to the services provided by Waste
Management. Trustee Koenig stated that it is not the Town’s job to mandate the use of
bear-proof trash containers nor does the Town have the ability to monitor the situation.
Town Board Study Session – August 14, 2012 – Page 4
The Trustees said that the Town should set an example for the community by dealing
with trash in a responsible manner and asked staff to prepare a list of recommendations
related to managing the trash situation in a manner that will be safe for both the
community and the bear population for their review.
There being no further business, Mayor Pinkham adjourned the meeting at 6:39
p.m.
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, August 14, 2012
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 14th day of August, 2012. Meeting called
to order by Mayor Pinkham.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Greg White, Town Attorney
Frank Lancaster, Town Administrator
Lowell Richardson, Assistant Town Administrator
Cynthia Deats, Deputy 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 OF OFFICER GREGG FILSINGER, JR.
Officer Gregg Filsinger, Jr., was formally sworn in as an officer of the Estes Park Police
Department (EPPD) by Town Clerk Williamson.
PRESENTATION – COLORADO ASSOCIATION OF CHIEFS OF POLICE
ACCREDITATION (CACP).
Chief Gary Barber of Frederick, Colorado, chair of the professional standards committee
of the Colorado Association of Chiefs of Police (CACP), presented Chief Kufeld with a
CACP accreditation certificate for the Estes Park Police Department. He noted that of
232 law enforcement agencies existing in the State of Colorado, only 15% are
accredited by the CACP, and reported that the EPPD met or exceeded all established
standards and passed an onsite accreditation assessment. He congratulated the Police
Department for its commitment to providing quality law enforcement services to the
community.
PUBLIC COMMENTS.
Tom Gootz, Town resident, read portions of a letter from the Association for
Responsible Development (ARD) requesting that the Town budget funds in 2013 for the
purchase of bear-proof trash containers for Bond Park.
Jim Tawney, Town resident, spoke in regard to the community meeting on bears that
was held on August 9th. He noted that Waste Management installed an inexpensive
bear-proof device on his dumpster and proposed that discussions be held with Waste
Management related to adding the device to dumpsters in the community as well as
discussions related to the services Waste Management provides to its customers.
Johanna Darden, Town resident, said the meeting held on August 9th provided a good
opportunity to discuss ideas for a community plan focusing on both public safety and the
safety of the bear population.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Norris announced that the Walk to End Alzheimers will be held at September
15, 2012, at the Ranch in Loveland with proceeds going to fund research on the
disease. He said the Estes Park Economic Development Task Force, which is
Board of Trustees – August 14, 2012 – Page 2
sponsored by the Estes Valley Partners for Commerce, is conducting interviews to
obtain information from other communities as to how they approach economic
development. The information will be used for outreach sessions for interested parties
and special districts within the Estes Valley. Visit Estes Park is continuing with its brand
strategy project, recruiting for a PR and Social Media Manager, and wrapping up a
research project on the economic impact of tourism in Estes Park.
Trustee Koenig encouraged the community to participate in the BioBlitz that will be held
at Stanley Park Fairgrounds on August 24th. She reported that the Rooftop Rodeo
Committee is beginning planning for next year’s event.
Trustee Phipps attended an orientation meeting for the Open Lands Advisory Board and
will be touring all Larimer County Open Land sites. Rob Novak of the Larimer County
Natural Resources Department will be speaking on getting back to nature at the Estes
Park High School on August 27, 2012.
Trustee Ericson reported that at a meeting held on August 14th, the Audit Committee
reviewed a draft Request for Proposal (RFP) for an auditing firm. He expressed interest
in the proposed Rocky Mountain Performing Arts Center, and acknowledged Town
Clerk’s office staff for producing minutes that provide a written record of public
meetings.
Mayor Pinkham also encouraged participation in the two-day BioBlitz event sponsored
by National Geographic. The various species of wildlife and bio-diversity in Rocky
Mountain National Park will be catalogued and inventoried during the event. There will
be events, exhibits, and music taking place at the fairgrounds as well as opportunities to
volunteer in Rocky Mountain National Park.
TOWN ADMINISTRATOR REPORT.
• The Town sponsored a successful, well-attended community meeting on bears
on August 9th. Town Administrator Lancaster clarified that the Town does not
have a contractual arrangement with Waste Management nor is the Town
involved in the business operations of Waste Management. The relationship
between Waste Management, or any other trash hauler, and their customers is
private and only through legislation or the adoption of an ordinance would the
Town have the ability to require specific types of equipment such as bear-proof
containers. Town Administrator Lancaster said a contract does exist for Waste
Management to operate the transfer station and haul trash to the landfill located
south of Fort Collins, and reiterated that the contract is solely for the purpose of
operating the transfer station.
1. CONSENT AGENDA:
1. Town Board Minutes dated July 24, 2012, and Town Board Study Session
Minutes dated July 24, 2012.
2. Bills.
3. Committee Minutes:
a. Community Development/Community Services, July 26, 2012.
4. Estes Valley Board of Adjustment Minutes dated June 5, 2012
(acknowledgement only.)
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
2. ACTION ITEMS.
1. MUSEUM COLLECTION INVENTORY TEMPORARY POSITION.
Board of Trustees – August 14, 2012 – Page 3
Museum staff is in the process of conducting a complete inventory of objects
within its collection in order to have accurate information to use as a proposed
Collections and Research Center and Master Plan for the Museum moves
forward. With a complete inventory, museum staff will be confident in the
number of objects within its collection and be able to refine its collection to
items that meet its current mission of interpreting and preserving local history.
Staff is requesting approval to hire a Collection Inventory Temporary Employee
to solely focus on this project and complete the inventory by the end of 2012.
The total estimated cost of the temporary employee is $8,113,01. This is an
unbudgeted expenditure to be funded by drawing down the Community
Service’s fund balance. It was moved and seconded (Ericson/Norris) to
approve hiring a Collection Inventory Temporary Employee at an
estimated unbudgeted cost of $8,113.01 from account #222-5700-457-11-
03, and it passed unanimously.
2. TREE BOARD APPOINTMENTS.
This item was removed from the meeting agenda and tabled to August 28,
2012.
Whereupon Mayor Pinkham adjourned the meeting at 7:31 p.m.
William C. Pinkham, Mayor
Cynthia A. Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, August 9, 2012
Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES &
PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in the Town Hall in said Town of
Estes Park on the 9th day of August 2012.
Committee: Chair Blackhurst, Trustees Koenig and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Chief Kufeld, Directors Bergsten and Zurn,
Superintendent Fraundorf, Finance Officer McFarland and
Clerk Williamson
Absent: None
Chair Blackhurst called the meeting to order at 8:00 a.m.
PUBLIC COMMENT
None.
PUBLIC SAFTEY
Police Lobby Remodel – Request Approval.
The project has been reviewed by both the PUP Committee and the full Town Board at
a recent study session. The lobby improvements would enhance the safety of both the
staff and the public. The project was budgeted at $40,000 for 2012, and after project
scoping and full analysis of the project, it was estimated at $140,000 for full build-out.
The project would be funded by realized savings in personnel costs from the Police
department of $70,000 due to four vacancies during the first half of the year, $40,000
budgeted and an additional $30,000 from the General Fund. The funding would be
moved to the Community Reinvestment Fund in an effort to fund all large capital
projects from the fund. After further discussion, the Committee recommends
approval of the Police Lobby Remodel project and funding as outlined above as a
consent item at the August 28, 2012 Town Board meeting.
REPORTS
Estes Valley Victim Advocate 6 Month Report.
Director Mary Mesropian reviewed the report and emphasized the efforts of the
volunteers supporting the victims of the Woodland Heights fire during and after the
event. The Advocates have helped a number of individuals during the first half of the
year with issues related to domestic abuse, sexual abuse, death, assault, stalking,
counseling, group counseling, and other crimes.
Police Golf Tournament.
Chief Kufeld stated the tournament was held on August 3, 2012 with over 116
participants from 20 different agencies. $2,500 was raised during the charity event with
funds to be donated to local charities.
UTILITIES
REPORTS
Water Distribution Leaks and Prioritization.
The Water department has spent significant effort and financial resources on the
reconstruction of the Marys Lake Water Treatment plant, and the replacement of lower
priority water mains during recent street replacement projects. The last significant water
Public Safety, Utilities & Public Works Committee – August 9, 2012 – Page 2
main line pipe replacement was completed in 2006. Staff has maintained a formal pipe
replacement project list that prioritizes replacement based on frequency of leaks
(highest customer impact due to street closures, loss of water service and short term
water quality issues), size of the leak, pipe size, pipe material, water quality, water
pressure and cost. The purpose of replacing the water mains at the end of their useful
life is to reduce overall operating costs, increase service reliability and improve water
quality. Failures in the system are from corrosion failures, brittle cast iron failures due to
cold water temperatures, and the rocky sub terrain in the area. The use of ductile iron
mortar-lined pipe has improved performance and integrity of the system. Staff has
begun to address the water main line distribution system by updating the electronic GIS
maps to improve staff’s ability to track metrics associated with failing water mains.
The committee discussed the need to address the priorities of both the water line and
street replacement/repair projects to ascertain the most pressing needs of both
infrastructures. This would prevent newly paved roads from being cut into for water
leaks in the future. The items need to be brought forward as a package to the Board for
consideration rather than separate projects. Director Bergsten stated a pert chart has
been produced which can integrate both street improvements and waste water
improvements. Administrator Lancaster suggested a water line replacement program
similar to STIP be reviewed by the Board.
Fiber Optic Lease Update.
Superintendent Fraundorf stated the 5 year contract with Level 3/ICG signed in 2005
utilized the long haul from Estes to Loveland. The contract outlined the Town would
receive 15-17% after the company reached $15,000. To date, Level 3 has one
customer, Airbits, and the Town has not received any funds accept for sales tax. ICG
was not aware of the contract and any distribution of funds would have a direct impact
on Airbit customers. Therefore staff and Attorney White are developing a new contract
with financial considerations. It has also been determined ICG has been using PRPA’s
fiber ring with no formal contract.
Staff has been in discussion with RMDAS, a company the Town is under current
contract to provide fiber to the fairgrounds, to provide an alternative venue for the Town
to connect to the internet when service is lost. This would create a redundant system
for the Town. The YMCA currently uses Century Link, which ends in November.
Discussions continue with the YMCA on the possibility of leasing Town fiber.
Assistive Hearing Audio System.
A new hearing assistive system was installed 6 weeks ago. A portable system has also
been installed in the upstairs meeting rooms, which has enhanced the audibility of
meetings. The entire system was purchased for approximately $3,000. Trustee Koenig
requested a similar system be purchased for the meeting room at the Museum.
Public Internet.
A computer has been placed in the atrium of Town Hall with Baja providing free wireless
access to both Town Hall and the Visitor Center. Staff continues to work on placing
public wireless in the upstairs meeting rooms.
PUBLIC WORKS
John Deere Tractor Replacement – Request Approval.
The 2012 Vehicle Replacement Fund includes $50,000 for the replacement of the 1994
Special Events tractor G-84A. The tractor is 12 years old with 2347 hours; it is within
the replacement parameters of time and operation costs (Replacement Type 12 / 10
years or 6,000 hrs & monitor costs). Quotes were received from three vendors and are
as follows:
21st Century Equipment John Deere 5115 M MFWD Utility Tractor - $63,588.10
Fort Morgan, CO 80701 Trade in - $8,000.00
Total cost with trade - $55,588.10
Public Safety, Utilities & Public Works Committee – August 9, 2012 – Page 3
Longs Peak Equipment John Deere 5115 M MFWD Utility Tractor - $56,474.69
Longmont CO 80504 Trade in - $5,500.00
Total cost with trade - $50,974.69
Colorado Equipment John Deere 5115 M MFWD Utility Tractor - $58,125.00
Fort Collins CO 80524 Trade in - $7,500.00
Total cost with trade - $50,625.00
Staff recommends purchasing a new John Deere 5115M MFWD Utility Tractor from
Colorado Equipment from the Vehicle Replacement Fund # 635-7000-435-34-42. The
Committee recommends approval to purchase a replacement John Deere tractor
from Colorado Equipment as stated above as a consent item at the August 28,
2012 Town Board meeting.
2012 Street Maintenance Program.
Public Works continues to focus on road improvements with a Town-wide crack seal
program. On July 13th a Request for Bid was advertised in the Fort Collins Coloradoan,
the Estes Park Trail Gazette and the Town’s website. The project would consist of
applying 80,000 lbs of hot asphalt crack sealant on the 57 miles of existing roadways
within the Town. The following four bids were received:
A-1 Chipseal Co. Denver, CO $ 99,200
Coatings, Inc. Arvada, CO $116,800
Sealco Windsor, CO $200,925
Bonneville Asphalt Provo, UT $224,000
A-1 Chipseal has provided asphalt services for the Town in the past with favorable
results and their municipal references provided positive feedback with regard to their
work. Most recently they completed an asphalt sealant to the Park Lane parking on the
Virginia Drive project. The bid is inclusive of all equipment, traffic control, labor,
mobilization and 80,000 lbs sealant material. Once approved work would begin on
September 3rd, with a completion date set for November 21st. Staff recommends A-1
Chipseal with a 10% contingency from the annual Street Improvement Program.
The Committee questioned if the project could be completed on all 57 miles, and if the
contingency was enough to cover unexpected issues with the project. Staff stated it is
estimated 80,000 lbs of material would be needed to complete the project; however, it is
difficult to estimate the depth of some crack that may need additional material. A
weekly report would be provided by the company in order for staff to prioritize roadways
to be completed. After further discussion the Committee recommends approval to
contract with A-1 Chipseal to complete a Town-wide crack seal project for $99,200
from #101-3100-431-35-51 with a 20% contingency as a consent item at the
August 28, 2012 Town Board meeting in an effort to complete all 57 miles. The
Committee requested staff include a report in the Town Board packet outlining the
project and the contingency.
REPORT
Street Damage/Repair Due to July 7th Weekend Storm.
Staff reviewed the roadway damage caused by the July 7th weekend storm. The
erosive force of the runoff led to potholing and raveling of the asphalt in a number of
areas. Staff prioritized the immediate repair of Raven Avenue, Aspen Avenue,
Driftwood Avenue, Columbine Avenue, Birch Avenue, Elm Road and Community Drive.
To expedite the repairs, the Town was able to complete a change order on the existing
contract with Coulson excavating for the Virginia Rehabilitation project. Repairs were
completed on July 27th for a cost of $100,000. The storm demonstrated to staff the
need for proper drainage to address water flow.
There being no further business, Chair Blackhurst adjourned the meeting at 9:30 a.m.
Public Safety, Utilities & Public Works Committee – August 9, 2012 – Page 4
Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 1
July 17, 2012
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Planning Commission
July 17, 2012 - 1:30 p.m.
Board Room, Estes Park Town Hall
Commission: Chair Doug Klink, Commissioners John Tucker, Betty Hull, Rex
Poggenpohl, Joe Wise, Kathy Bowers, Tom Gresslin.
Attending: Chair Klink, Commissioners Tucker, Hull, Poggenpohl, Wise, Bowers, and
Gresslin
Also Attending: Director Chilcott, Planner Shirk, Town Attorney White, and Recording
Secretary Thompson, Town Board Liaison Elrod
Absent: None
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
Chair Klink called the meeting to order at 1:30 p.m. There were eight people in
attendance.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
A. Approval of minutes, June 19, 2012 Planning Commission Meeting.
It was moved and seconded (Hull/Tucker) to approve the minutes as presented and
the motion passed unanimously.
3. AMENDED PLAT OF LOT 7, DIVISION 5, AND A PORTION OF DIVISION 2, HIGH
DRIVE HEIGHTS
Planner Shirk stated this agenda item was continued from last month. The purpose of the
continuance was to look at the lot configuration of the two proposed lots. The northern lot
(Lot 1) was created in 1925, and the southern lot (Lot 2) was created by deed a few
months later. All documents pre-date the Estes Valley Development Code (EVDC). Both
of the current lots are considered buildable, with the southern lot legally nonconforming.
Planner Shirk stated the purpose of this amended plat is to increase the size of the
smaller lot to better accommodate a single-family dwelling. By doing so, the northern lot
would become smaller. The amended plat would make the southern lot conforming, and
the north lot legally nonconforming.
Planner Shirk stated driveways to both lots would be shared across the northernmost
portion of the lots, accessed from Larkspur Road. An access agreement would prohibit
additional access points off of Larkspur Road. The existing access off of High Drive would
be removed. Proposed Lot 1 would become less than 0.5 acres. Staff would support
granting a minor modification to approve the smaller lot size. Planner Shirk read EVDC
Section 3.7.2.b which allows the Estes Valley Planning Commission to grant minor
modifications in certain instances. He also referred to Section 1.3 which addresses
preservation of existing trees and vegetation and provision of adequate building setbacks.
He stated there would be a “no disturb” area on the plat to protect existing trees.
Planner Shirk stated if approved, this amended plat would minimize the number of
culverts and associated drainage issues; increase separation between the driveway and
property lines to the north; include removal of the existing nonconforming driveway on
High Drive; and, provide for correction of utility easements. The existing sewer easement
would be vacated and rededicated, as the original easement did not align with the actual
sewer line. Because of the corner location, Lot 1 would have two front-yard setbacks,
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
July 17, 2012
making the building area smaller. Planner Shirk stated the proposed amended plat would
make Lot 1 more buildable, and would make it easier to build without a variance. Planner
Shirk stated this lot currently has three nonconformities, which would be reduced to one if
approved.
PUBLIC COMMENT
Rick England/applicant representative stated the electric easement would be added to the
plat. He stated the property owners supported the minor modification of the amended plat.
Marilyn Terry/property owner stated the property had been in the family 50 years. The
cabin directly to the north was the family’s second home. The proposed amended plat
would create two lots that are more attractive to potential buyers.
Karl Leppmann/adjacent property owner appreciates patience staff has shown with his
objections. He opposed the amended plat due to the potential for increased visual impacts
on his property. He was concerned about the length of the proposed driveway access,
stating the potential for many cars to park along the driveway. He was also against the
possible removal of trees on Lot 2 if someone were to build there. If approved, he would
like the adjacent property owners to be able to enforce the maintenance of the driveway to
reduce dust. Director Chilcott stated the driveway would be too narrow for access and
parked cars, and the zoning regulations restrict the number of cars parked outside on a
lot. Planner Shirk stated the access agreement would specifically prohibit parking in the
shared area of the proposed driveway. Enforcement of such would be a private matter
between the property owners. There was discussion concerning the preservation of trees
on Lot 1. Director Chilcott reminded the Commissioners of their purview to determine the
practicality of the amended plat, not the preservation of the trees.
Planner Shirk restated the general guidelines for practical difficulties regarding minor
modifications. He reminded the Commissioners that not all answers to the statements
have to be “Yes”, and the practical difficulties for variances are different than practical
difficulties for minor modifications.
Public comment closed.
STAFF AND COMMISSION DISCUSSION
Chair Klink stated all arguments for and against the amended plat were valid. All property
owners involved have certain property rights. Commissioners Poggenpohl and Tucker
empathized with the neighbors, and also understood why the property owners of the two
lots in question wanted to amend the plats. Commissioner Wise was pleased the
application had been continued, as it allowed the property owners to give more thought to
the lot configuration and access issues.
Staff recommended conditional approval of the minor modification and the amended plat.
CONDITIONS
1. Review and approval of Larimer County Engineering (survey review). Requires
letter of approval from Larimer County Engineering prior to mylar being sent for
recording.
2. Compliance with conditions outlined in letter to England Surveying dated June 12,
2012. These conditions address site access and formatting issues.
3. An accress easement/agreement and recording fee shall be submitted for
recordation with the plat mylars. [Note: The access agreement specifies that both
lots must share one driveway access point to be located within the access
easement on Larkspur Road and the existing access point on High Drive must be
removed.]
4. Prior to recordation of the plat, the sanitary sewer easement must be vacated and
rededicated to the Upper Thompson Sanitation District, and shall be referenced
and graphically delineated on the plat.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 3
July 17, 2012
It was moved and seconded (Wise/Poggenpohl) to approve the Minor Modification
for Lot 1 to allow a lot of 0.37 acres in lieu of the 0.50 acres typically required in the
E–Estate zone district, as outlined in the staff report, and the motion passed
unanimously.
It was moved and seconded (Wise/Tucker) to recommend approval of the proposed
amended plat to the Board of County Commissioners with the findings and
conditions recommended by staff, and authorization for the Chair to sign the plat
when the conditions are met and the plat is presented for signature, and the motion
passed unanimously.
Commissioner Poggenpohl thanked Mr. Leppmann for his interest in the application, and
for his attendance at the last two meetings.
4. AMENDED SPECIAL REVIEW 06-01C, ESTES PARK MEDICAL CENTER
Planner Shirk reviewed the staff report. He stated this was not the first amendment to the
original special review. The most recent was the parking lot expansion. This application is
a continuing effort of improvements at the hospital. Planner Shirk stated this application
request is to allow a permanent Magnetic Resonance Imaging (MRI) facility to replace the
temporary facilities that are trucked in each week. He stated the architecture would match
the existing building. There would be very minimal impact on the site. The stormwater
drainage plan for the area would need minimal adjustment to accommodate stormwater
flows.
Planner Shirk stated the original request included removing the existing driveway. The
plan was then altered to keep the driveway for emergency use by the temporary MRI
truck. Staff supported this change, conditional to a restriction that the driveway be used
only for temporary MRI use, and shall not be used for the parking of other vehicles.
Staff routed the application to adjacent property owners and affected agencies. No
significant concerns were expressed, other than the drainage report issue. Staff
recommended conditional approval. If approved, the application would be heard at the
July 24, 2012 Town Board meeting.
PUBLIC COMMENT
Jes Reetz/applicant representative stated the site is currently a sink hole for drainage that
runs under the hospital. He stated the driveway would be closed off with posts and a
chain.
CONDITIONS
1. Final approval of the stormwater report by the Public Works Department prior to Town
Board hearing.
2. Existing MRI parking area shall be used only for temporary imaging equipment when
permanent equipment is undergoing maintenance. This parking area shall be
restricted for use for temporary imaging equipment, and shall not be used for parking
of other vehicles. The method of closure shall be subject to review and approval of
Public Works, and shall be installed prior to final inspection.
It was moved and seconded (Bowers/Poggenpohl) to recommend approval of the
proposed Amended Special Review 06-01C “Hospital MRI Addition” to the Town
Board with the findings and conditions recommended by staff, and the motion
passed unanimously.
5. TRANSPORTATION VISIONING COMMITTEE REPORT
Trustee John Erickson gave a presentation on the transportation visioning committee. He
used the report “Roadmap to the Future” as a guideline for his presentation. This report
was the result of nearly 18 months of research by the committee, and is available for
review in the Community Development Department.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 4
July 17, 2012
Trustee Erickson stated the report was intended to be a working document. There was
brief discussion as to what lies ahead for transportation in the Estes Valley. Commissioner
Tucker encouraged the Commission to support the document. Commissioner Poggenpohl
would like the Commission to consider adopting portions of the report into the Estes
Valley Comprehensive Plan.
Commissioner Hull stated that the Commission is currently reviewing the Comprehensive
Plan, and could use this report as reference material.
6. REPORTS
Planner Shirk reported on a pre-construction meeting for Rippling River Estates, and the
project is moving forward. A Development Plan for this development was approved a few
years ago, prior to the downturn in the economy. Pre-construction meetings are beneficial
to all involved in the project, making everyone aware of what is expected of each other
during each phase of construction.
Director Chilcott reported FEMA, SBA, Colorado Emergency Management Team, etc.
were in town to examine the Woodland Heights Fire area. Because of this the pre-
application meeting for Fall River Lodge, 900 W. Elkhorn, was postponed and will be
rescheduled.
Planner Shirk reported a pre-application meeting was held for a townhome subdivision
plat. He anticipated the applicants would submit their proposal next month.
Planner Shirk reported discussions with Estes Park Sanitation District, who will possibly
be making improvements to the facility due to new federal regulations.
Planner Shirk reported the Board of Adjustment approved two variances in July: the
Caldwell Residence deck expansion at 2121 Eagle Cliff Road; and the Estes Park
Resort’s off-premise sign at 1700 Big Thompson Avenue. The off-premise sign application
was especially difficult because the actual sign location lies in the county, the business is
within the Town limits, and the land underneath the sign is owned by the federal
government and managed by the Estes Valley Recreation and Parks District. The Board
of Adjustment approved the new sign.
Planner Shirk reported the Board of Adjustment will review an application in August for a
variance at 552 W. Elkhorn Avenue. At issue is a variance from the stream/river setbacks
and another variance concerning garbage collection. The business owners wish to
convert the space to a take-out restaurant.
Planner Shirk reported Town Board approved two amended condominium maps;
Streamside Condominiums and Tranquil Vail Condominiums. Both increased the area of
limited common elements (LCEs).
Director Chilcott reported staff was looking at what level of modifications could occur
within setbacks on lots affected by the Woodland Heights Fire. Many structures in the fire
area were built prior to the current zoning regulations, and would be considered
nonconforming. Staff was working with those property owners to determine the best way
to handle the rebuilding process. Staff was also working on a resolution to consider
temporary on-site housing for property owners during the rebuilding process. Staff was
considering proposing implementation of the rebuild process that Larimer County
established for the High Park Fire victims. Director Chilcott reported one burned property
was in the town limits, and all others were in the county.
Director Chilcott reported she has scheduled a meeting with Town Administrator
Lancaster to discuss the lots adjacent to the conservation easement across the river from
Barlow Plaza. There are lots in that area owned by the Colorado Department of
Transportation that are not part of the conservation easement.
There being no further business, Chair Klink adjourned the meeting at 3:26 p.m.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 5
July 17, 2012
___________________________________
Doug Klink, Chair
___________________________________
Karen Thompson, Recording Secretary
Page 1
Town Clerk’s Office Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: August 23, 2012
RE: Report - Renewal Application Filed by Galex LLC dba Chelitos Mexican
Restaurant Estes Park Center, 145 E. Elkhorn Avenue
Background:
The Town has received notice from the Colorado Liquor Enforcement Division of a
number of liquor code violations that have occurred at Chelitos Mexican restaurant on
November 2011 and the failure of a recent compliance check on July 20, 2012. The
license is currently up for renewal and per the Town Board’s request the renewal was to
come forward to the Board for consideration. Due to the number of violations, it has
been determined that a Show Cause Hearing is to be ordered. This item will come back
as a Resolution to the Board at the September 11, 2012 meeting to set the hearing
date.
Staff has confirmed the applicant and the entire serving staff at Chelitos has completed
T.I.P.S. training on August 17th. All necessary paperwork and fees have been
submitted for the renewal.
Community Development Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Dave Shirk, Planner
Date: August 28, 2012
RE: AMENDED CONDOMINIUM MAP, Ranch Meadow II, 1639 Raven
Avenue, Units A-L, Ranch Meadow HOA/Owner
Background: This is a request to amend the Limited Common Elements for the Ranch
Meadow II condominiums, an
existing 12-unit development
located at northeast corner of
Raven Avenue and Raven Circle.
The purpose is to allow for additions
to decks located on the west side of
the units; this amendment would
apply to all units.
The change in the deck footprint
means the boundary lines between
the General Common Element
(association ownership) and the
Limited Common Element (unit ownership) also need to be changed. This map is the
vehicle to do so.
The deck additions would all meet setback requirements, would not exceed maximum
lot coverage, and would not affect stormwater drainage. No new units are proposed
with this amendment.
Budget: N/A
Staff Recommendation: Approval.
Sample Motion: I move for the approval/denial of the Amended Ranch Meadow II
Condominium Map.
Community Development Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Dave Shirk, Planner
Date: August 28, 2012
RE: SUPPLEMENTAL CONDOMINIUM MAP #4, Stanley Avenue
Condominiums, 510, 512 & 514 Stanley Avenue, Kingswood
Homes/Applicant
Background: This is a request for a
supplemental condominium map for a
newly constructed triplex in the Stanley
Avenue Condominium development,
located near the corner of Highway 7
and Stanley Avenue (Units S, T, U).
The project was originally approved in
2003, and has been under
development since then; one building
remains to be built.
This supplemental map is consistent
with the approved development plan and previous condominium maps.
Budget: N/A
Staff Recommendation: Approval.
Sample Motion: I move for the approval/denial of the Stanley Avenue
Condominiums Supplemental Condominium Map #4 (Phase V, Units S, T, U).
St. Vrain Ln.
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7
Stanley Avenue
Stanley Avenue
Condos“RM”
St. Vrain Ln.
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Stanley Avenue
Condos“RM”
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Estes Park Tree Board
Date: August 28, 2012
RE: Tree Board Reappointment – J. Rex Poggenpohl
Background:
J. Rex Poggenpohl, who has served on the Tree Board since 2002, has reapplied to fill
his term, which expired on April 24, 2012, for one additional year.
Mr. Poggenpohl is a well-respected and effective member of the group. He has been
instrumental in establishing and expanding the Estes Park Tree Symposium, the Legacy
Tree Program, and the Arboretum. He continues to be an invaluable asset in all Tree
Board activities.
Budget:
N/A
Staff Recommendation:
The Estes Park Tree Board recommends the reappointment of J. Rex Poggenpohl to
Estes Park Tree Board membership, with a term expiring on August 28, 2013.
Sample Motion:
I move for the approval/denial of the reappointment of J. Rex Poggenpohl to Estes Park
Tree Board membership, with terms expiring in 2014.
PARKS DEPARTMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Estes Park Tree Board
Date: August 28, 2012
RE: Tree Board Appointment – Steven Day
Background:
Currently the Estes Park Tree Board has a vacancy due to the loss of member Carol
Shannon. Estes Park Tree Board members Rex Poggenpohl and Scott Roederer
interviewed Mr. Steven Day for the open position and were impressed with his
background and qualifications.
Mr. Day has been involved in tree consulting for over 30 years in Estes Park, is a
forensic botanist, tree pathologist and registered consulting arborist.
Mr. Day also holds an undergraduate degree in plant pathology and botany from CSU
and an upper graduate master’s degree in the same studies from the University of
Maine.
He has a great interest in Estes Park Tree Board activities and looks forward to
volunteering for the Estes Park Tree Board.
Budget:
N/A
Staff Recommendation:
The Estes Park Tree Board recommends the appointment of Steven Day, with a term
expiring August 28, 2016.
Sample Motion:
I move for the approval/denial of the appointment of Steven Day to the Estes Park Tree
Board, with a term expiring August 28, 2016.
PARKS DEPARTMENT Memo
Administration Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Lowell Richardson, Assistant Town Administrator
Date: 08/28/2012
RE: Revised Kiowa Ridge Land Purchase (Open Space & Water Tank)
Background:
At the May 8, 2012 Town Board meeting a presentation was made to the Board
recommending the purchase of the property known as “Kiowa Ridge Open Space and
Kiowa Ridge Outlot A”. The Town Board approved the purchase of the two properties.
The contract for purchase of the property was signed by the Mayor on behalf of the
Town Board and by the seller Robert Koehler. On the day the property was to close it
was cancelled due to unresolved issues regarding clear title to the property.
Since that time the title issues have been resolved and a new contract has been
completed for your review and approval. The components of the sale remain the same
and can be found within the attachments that include the original memo dated May 8,
2012. Town Attorney White has reviewed the new contract and conferred with the Title
Company representative throughout the renegotiations of the properties ensuring the
title issues have been resolved.
Budget:
Purchase price for both lots is a total of $50,000. Funds are available from both the
Open Space funds and the Water Department funds to acquire these properties.
Staff Recommendation:
Staff recommends approval to purchase both properties.
Sample Motion:
I move to approve/deny the purchase of the properties identified as Kiowa Ridge Outlot
“A” a .17 acre parcel of land and the unplatted lot identified as Kiowa Ridge Tract “B” a
7.96 acre parcel of open space land.
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CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
The Town of Estes Park, a municipal corporation, (referred to as
“Buyer”) and Robert F. Koehler (referred to as “Seller”), agree and covenant as follows:
For good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Buyer agrees to purchase the subject property and Seller
agrees to accept and complete the sale of the subject property on the following terms and
conditions:
1. Subject Property: The real property subject to this Contract (the “Property”) is
legally described on Exhibit A, attached hereto and incorporated herein by reference.
Together with the interests, easements, rights, improvements thereto, and all interests of
Seller, including all rights and interest in any spring and mineral rights regarding said
subject property.
2. Sale/Purchase Price for Subject Property: The purchase price shall be: Fifty
thousand ($50,000.00) Dollars; which shall be paid at closing.
3. Earnest Deposit/Damages Upon Breach: Upon mutual execution of this
Contract, Buyer shall pay to Seller $1,000.00 as an earnest money deposit in the form of
good funds which shall be held in escrow by Rocky Mountain Title Company, Estes
Park, Colorado until closing when such funds shall be tendered at closing to the closing
agent to be applied to the sale price. There shall be no interest accrued on the earnest
deposit.
4. Contingencies:
Physical Inspection: Buyer has inspected the Property. The Property is sold “as
is”. The Seller makes no warranties or representations other than as set forth in this
Contract.
Title Documents, Reports, Restrictive Covenants, Homeowners’ Association
Documents: Within seven (7) days of the Contract’s effective date, Seller shall supply
to Buyer the following items. Buyer shall have seven (7) days after the Contract’s
effective date to review and approve same. If for any reason, in Buyer’s sole discretion,
Buyer determines that any title, document, covenant, easement, or other condition exists
on or regarding the Property, the Buyer shall so notify Seller in writing within the time
set forth herein of such objection and the Contract shall be terminated and the Buyer shall
receive a full return of any earnest deposit. If, on the other hand, Buyer has no such
objection, the Contract shall continue and the earnest money deposit shall become non-
refundable by reason of any breach thereafter on the part of the Buyer. The items to be
provided include:
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a. A title commitment for the full purchase price, insuring over any standard
exceptions, relating to the Property, including legible copies of all
recorded documents referenced within said commitment.
b. Seller shall provide to Buyer true copies of all easements, liens or other
restrictions to title not otherwise shown of public record.
c. A copy of any restrictive covenants concerning the Property.
d. A copy of any documents of the Homeowners’ Association concerning the
Property.
e. An executed copy of the Amendment to Deed of Conservation Easement
5. Alternative Notice of Objection/ Right to Cure: Notwithstanding the
termination of the formal contingency period set forth in paragraph 4, including
paragraphs 4a through 4d, instead of terminating the Contract, Buyer may elect to notify
Seller in writing prior to the expiration of the formal contingency period of Buyer’s
specific objection(s) or unsatisfactory condition. Buyer and Seller shall have five (5) days
thereafter to agree on a written resolution and/or cure concerning any such objection or
unsatisfactory condition, and if so, the Contract shall remain in full force and effect. If no
such agreed resolution is reached within such time period, this Contract shall then
terminate and the Buyer shall receive a return of its earnest deposit.
6. Transfer of Title: Subject to payment at closing as required herein and
compliance with Buyer of the terms of this Contract, Seller shall execute a good and
sufficient general warranty deed to Buyer at closing conveying the Property to Buyer,
free and clear of all liens and encumbrances, except for the general real estate taxes for
the current year and subject to all liens, easements, covenants and restrictions of record.
7. Cash at Closing: All amounts paid by Buyer at closing shall be in funds which
comply with all applicable Colorado laws concerning Good Funds.
8. Closing and Possession: Closing shall occur on or before September 21, 2012 at
such time and date as the parties mutually agree. The place of closing shall be at the
offices of Rocky Mountain Title Company, Estes Park, Colorado, or such other place as
the parties hereto mutually agree. Possession shall be delivered at closing. If Seller fails
to deliver possession as required, Seller shall pay to Buyer the sum of $50.00 per day
until possession is delivered.
9. Encumbrances: All encumbrances and liens against the Property shall be paid at
or before closing from the proceeds of sale or other good sources.
10. Closing Costs: Seller shall pay for the Buyer’s owner’s title policy expenses at
the time of closing. Buyer and Seller shall split equally the costs related to escrow fees, as
well as all document preparation and closing fees. Buyer and Seller shall each pay their
own legal expenses and fees. Seller shall pay, at closing, all outstanding property taxes
and Homeowners’ Association dues.
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11. Time is of the Essence, Default, and Remedies: Time is of the essence in
performing this contact. If Buyer is in default under the terms hereof, then all payments,
earnest deposits, or other things of value shall be forfeited and retained by Seller as
liquidated damages and both parties shall be released from further obligations hereunder.
Seller specifically waives the right to specific performance. If the Seller is in default
under the terms hereof, then Buyer may recover from Seller such other damages as may
be proper and allowed by law, or Buyer may elect to treat this Contract as being in full
force and have the right to specific performance or damages, or both.
12. Termination: In the event that this Contract is terminated, unless otherwise
specified herein, all things of value shall be returned to the appropriate party and each
party relieved of any further obligations hereunder.
13. Attorney Fees and Costs: In the event of a default or dispute under this
Contract, the prevailing party shall be entitled to its attorney fees and costs of suit.
14. Applicable Laws: This Contract shall be governed, construed and enforced in
accordance with the laws of the State of Colorado.
15. Non-Assignable: This Contract shall not be assignable by Buyer without the
express written approval of Seller.
16. Specific Additional Provisions Relating To This Agreement: The 7.96 acre
unplatted area is subject to a Deed of Conservation Easement recorded with the Larimer
County Clerk and Recorder on December 27, 2000. Said Conservation Easement
contains written restrictions on use of this Property. At Closing, Seller shall deliver the
Amended Deed of Conservation Easement executed by Seller and the Grantee of the
Deed of Conservation Easement to the closing agent for recording.
17. Entire Agreement, Modification, and Survival: This Contract constitutes the
entire agreement between the parties. Any prior oral or written agreements have been
merged and integrated herein. No subsequent modification of this agreement shall be
binding unless in writing signed by all parties. Any obligation in this Contract that, by its
terms, is intended to be performed after closing, shall survive the closing hereof.
18. Notice: Any notice required to be given hereunder must be in writing and shall
be effective when received by Buyer or Seller addressed as follows:
Town of Estes Park Robert F. Koehler
Attn: Town Administrator 2225 Rock Castle Lane
P O Box 1200 Fort Collins, CO 80528
Estes Park, CO 80517
19. Effective Date of Contract: The effective date of this Contract shall be the date
upon which it is fully executed by both parties.
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BUYER: SELLER:
TOWN OF ESTES PARK ROBERT F. KOEHLER
By:______________________ _______ ____________________ ______
Mayor Date Date
ATTEST:
_________________________ _______
Town Clerk Date
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EXHIBIT A
Outlot A,
Kiowa Ridge Subdivision to the Town of Estes Park,
County of Larimer, State of Colorado
and
The unplatted area containing 7.96 acres adjacent to Lots 1 through 8 as shown on the recorded Plat
of Kiowa Ridge
Subdivision to the Town of Estes Park,
and
A portion of the SE1/4 of Section 2, Township 4 North, Range 73 West of the 6th P.M., more
particularly described as
follows:
Commencing at the NW corner of the NE1/4 of the SE1/4 of Section 2, Township 4 North, Range 73
West of the 6th P.M., thence along the North line of said SE1/4, North 86 degrees 06 minutes 32
seconds West 307.68 feet to the Westerly R.O.W. boundary of Mary's Lake Road; thence the
following four courses along said boundary; South 30 degrees 27 minutes 22 seconds East 43.49 feet;
thence South 36 degrees 13 minutes 20 seconds East 405.31 feet; thence South 35 degrees 44 minutes
22 seconds East 93.93 feet; thence South 57 degrees 02 minutes 22 seconds East 386.04 feet to the
Southerly R.O.W. boundary of Kiowa Drive and the True Point of Beginning; thence along the
Westerly R.O.W. boundary of Mary's Lake Road South 57 degrees 02 minutes 22 seconds East
148.80 feet; thence leaving said R.O.W. boundary North 89 degrees 31 minutes 22 seconds West
247.74 feet to the Southerly R.O.W. boundary of Kiowa Drive; thence along said boundary along a
130.51foot curve to the left with a radius of 130.00 feet, an internal angle of 57 degrees 31 minutes 11
seconds, and a 125.10 foot chord bearing North 61 degrees 43 minutes 02 seconds East; thence
continuing along said Southerly boundary North 32 degrees 57 minutes 27 seconds East 23.39 feet to
the Point of Beginning, County of Larimer, State of Colorado