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HomeMy WebLinkAboutPACKET Town Board 2010-11-23Prepared 11/12/10 Revised :\ OF ESTES PAIU.c, The 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, November 23, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. RESOLUTION OF RESPECT: "Community Thanksgiving Feast." RESOLUTION OF RESPECT: Honoring Robert B. Joseph. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 9, 2010, and Town Board Study Session Minutes dated November 9, 2010. 2. Bills 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee, November 11, 2010, 1. Contract for Fall River Retaining Wall at Wiest Drive, Mountain Concrete Company, $32,696.16. 4. Estes Valley Board of Adjustment Minutes October 5, 2010 (acknowledgement only). 5. Estes Valley Planning Commission Minutes October 19, 2010 (acknowledgement only). 2. REPORTS AND DISCUSSION ITEMS: 1. BOARD LIAISON UPDATES. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 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. Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. ACTION ITEMS: Mayor Pinkham: Open the Public Hearing (a). The formal public hearing will be conducted as follows: • Mayor — Open Public Hearing • Staff Report • Applicant Presentation • Public Testimony • Mayor — Close Public Hearing • Board Discussion & Motion to Approve/Deny. A. Amendment to the Estes Valley Development Code — Outdoor Display of Merchandise — First Reading/Public Hearing. B. Rezoning Request — from E-1 Estate to RM-Multi Family Residential, a metes and bounds parcel located at 440 Valley Road, Denise DeLaney Borda/Applicant, Ordinance #25-10. 4. ACTION ITEMS: 1. PUBLIC HEARING — 2011 BUDGET — ADOPTION. Finance Officer McFarland. A. Highway User's Trust Fund. B. Resolution #15-10 - Setting the Mill Levy. C. Resolution #16-10 - Adopting the 2011 Budget. D. Resolution #17-10 - Appropriating Sums of Money. 2. ORDINANCE #26-10 BUILDING CONTRACTOR LICENSING. Dir. Joseph. 3. TRANSPORTATION HUB — INCREASE SCOPE OF WORK. Dir. Zurn. 4. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Cynthia Deats From: Admin iR3045 Sent: Wednesday, November 17, 2010 3:04 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3696 ST. TIME 11/17 14:56 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 6922611 EP News ERROR Town of Estes Park, Larimer County, Colorado, November 9, 2010 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 9t" day of November, 2010. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Town Attorney White 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. PROCLAMATION — PHILANTHROPY CELEBRATION DAY. Mayor Pinkham read a proclamation designating November 12, 2010, as Philanthropy Celebration Day. Christy Crosser, Director of the Estes Park Nonprofit Resource Center was in attendance to receive the proclamation. PUBLIC COMMENT. None. TOWN BOARD COMMENTS. Trustee Ericson thanked all those who participated in government by voting in the November 4th election. He also commented on the success of the downtown Halloween celebration. Trustee Blackhurst encouraged the public to attend the regular meeting of the Estes Park Housing Authority to be held on Wednesday, November 10`h at 8:30 a.m. in room 203 in Town Hall; and the Public Safety / Utilities / Public Works Committee meeting scheduled for Thursday, November 11th at 8:00 a.m. in the Town Board room. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 26, 2010, Town Board Study Session Minutes dated October 26, 2010, and Town Board Budget Study Session Minutes dated October 8, 2010, October 15, 2010, and October 22, 2010. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services, October 28, 2010. 1. Rooftop Rodeo Committee Membership and Officers. 2. Winter Festival Road Closure, January 14-17, 2011. Board of Trustees — November 9, 2010 — Page 2 It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. RMNP UPDATE. Rocky Mountain National Park (RMNP) Supt. Vaughn Baker provided an update on activities in the Park to date which included information related to the Cow Creek and Onahu fires, a small plane crash, and numerous incidents that resulted in five fatalities in the Park this year. He said that re- paving on Trail Ridge Road was completed one year ahead of schedule which will result in no road construction in RMNP in 2011. He noted that visitation in the Park is up 4% for the year and that ridership on the shuttle system was up as well, with a total ridership of 416,521 in 2010. He said plans are underway to commemorate the 100th anniversary of RMNP in 2015. 2. NATIONAL PARKS ADVISORY COMMITTEE UPDATE. Grand Lake Mayor Judy Burke was unable to attend the meeting due to weather -related road closures on 1-70. 3. TOWN BOARD LIAISON UPDATES. Trustee Miller said that Dir. Zurn gave a presentation on existing transportation studies at the last meeting of the Transportation Visioning Committee. Trustee Koenig said the outgoing officers of the Sister Cities Board were re- elected for the upcoming year and encouraged participation in the book drive for elementary schools in Monteverde. Trustee Elrod reminded the public of the upcoming Estes Valley Planning Commission study session and meeting scheduled for Tuesday, November 16, 2010. The study session will begin at 12:30 p.m. and the regular meeting at 1:30 p.m. Trustee Blackhurst stated that the Estes Park Housing Authority (EPHA) management agreement for Talon's Point has been approved. Mayor Pinkham and Trustee Blackhurst presented the Estes Park Board of Realtors Distinguished Service Award to EPHA Director Rita Kurelja recognizing her efforts and leadership in implementing the Down Payment Assistance Program. 4. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt read the names of Town employees and volunteers who have served in the armed forces thanking them for their service to our nation, and encouraged the community to participate in Veteran's Day activities at the American Legion, the Senior Center, and the Estes Park Memorial Gardens. 3. ACTION ITEMS. 1. 2009 INTERNATIONAL CODES — SETTING PUBLIC HEARING. Attorney White requested a change to the public hearing date for consideration of an ordinance adopting the 2009 International Building Codes in order to clarify the adoption process. At the October 26th Town Board meeting a date of November 23, 2010, was set for the public hearing. Atty. White clarified that only the International Building Code, International Existing Building Code, and the International Residential Code need be adopted as primary codes with all other applicable codes adopted as secondary codes by the adoption of the Board of Trustees — November 9, 2010 — Page 3 three primary codes. In order to make this clarification and provide for sufficient time to publish the required notice, a new hearing date of December 14, 2010, is proposed. It was moved and seconded (Blackhurst/Miller) to move the date for the public hearing for consideration of the ordinance adopting the 2009 International Building Code, the International Existing Building Code, and the International Residential Code to December 14, 2010, and it passed unanimously. The hearing date extension will consequently extend the effective date of the ordinance, as well as the deadline to pull a building permit under the current code, to February 1, 2011. PIO Rusch will address the change to the public hearing date in a news release. 2. PUBLIC HEARING — 2011 BUDGET. Finance Officer McFarland stated that the proposed 2011 budget consists of 12 funds with approximately $34 million worth of activity among the funds, and is the result of staff preparations and input from Town Board Budget Study Sessions held the first four Fridays of October. Finance Officer McFarland touched on highlights of the budget noting that over $1.5 million of grant - funded projects are scheduled for 2011 including the Transportation Hub, Mass Transit Study, and CDOT Enhancement, in addition to numerous ongoing major capital projects such as Prospect Avenue and Bond Park. He stated that the budget contains subsidies to the Local Marketing District (LMD) and the Estes Valley Fire Protection District, and noted that no employee raises are budgeted for 2011. Fund balances in the Enterprise Funds (Water and Light & Power) are maintained at a high level to accommodate debt service. The proposed budget maintains a 30% fund balance held in reserve for the year, and represents a reduction in the number of funds contained in the budget. He noted that sales tax revenues through August of 2010 had increased over 2009, and stated that he had not yet reviewed data related to the calculation of the mill levy. The Trustees thanked staff for a clear and concise budget document and discussed budget -related topics for additional review including maintaining a 30% fund balance in tight economic times, taking a look at Town - owned real estate, ways to fund street maintenance, what can be done internally to funnel dollars towards street maintenance, and detailed plans for street maintenance now and in the future. Town Administrator Halburnt suggested discussing these topics at the Town Board's retreat in early 2011. PUBLIC COMMENT. Johanna Darden, Town resident, commented that in difficult economic times no raises, bonuses, or celebrations such as holiday parties or picnics, should be provided to Town employees; and asked if equipment purchased by the Town for pothole repairs had been received. Trustee Blackhurst, chair of the Public Safety / Utilities / Public Works Committee responded that the equipment has been delivered to the Town. The Public Hearing was continued to the November 23, 2010, Town Board meeting. 3. ORDINANCE #24-10 AMENDMENTS TO SIGN CODE CHAPTER 17.66 AND DELETING CHAPTERS 17.88 AND 17.89 OF THE MUNICIPAL CODE. Town Administrator Halburnt brought forward the final amendments to the Sign Code including revisions made subsequent to the October 26, 2010 Town Board meeting. At that meeting, the adoption of the sign code was delayed two weeks to provide additional time for public input. Aside from information received from Chuck Hand that was contained in the meeting packets, no additional public input was received. Changes to the sign code include the addition of illustrations and photographs to better exemplify code language; provisions to meet the temporary signage needs of special events such as the Duck Race; a section addressing non-profit banners; a creative sign program to allow flexibility in the application of the code; and a new process for hearing Board of Trustees — November 9, 2010 — Page 4 variances by the creative sign review board. In addition, Chapters 17.88 and 17.89 are being deleted from the sign code. The Trustees had concerns about regulations in the sign code related to neon lighting and scrolling signs and referred to information provided by Chuck Hand, Denver Asst. Division Manager of Young Electric Sign Company (YESCO), as to how other communities are handling these types of signs. Trustee Koenig said she favors decreasing the transition duration for scrolling signs. Trustee Miller commented that the Sign Code Task Force's recommendation on scrolling signs was meant to reduce distractions in the downtown area, and recommended adopting the code as is to see how it works. PUBLIC COMMENT. Chuck Hand, YESCO, said overall the new sign code is clear and understandable and a step-up from the existing code, but voiced dissatisfaction with the portion of the code dealing specifically with electronics. He used a PowerPoint presentation to illustrate a variety of electronic message display sign hold times, transition methods, and brightness levels. Mr. Hand recommended shorter hold and transition duration times, and commented on the need to tone down sign brightness during nighttime hours. Johanna Darden, Town resident, said that Estes Park cannot be compared with Loveland or Chicago and voiced opposition to electronic message display signs. The Trustees asked Mr. Hand if he would be willing to work with Community Development Department staff to set reasonable standards for electronic signs, and set a timeframe of January 2011 to return to the Town Board with proposed modifications. Atty. White read Ordinance #24-10 into the record. It was moved and seconded (Miller/Ericson) to approve Ordinance #24-10 amending Chapter 17.66 of the Municipal Code, and it passed unanimously. Town Administrator Halburnt stated that in addition to working with Mr. Hand, staff will begin an educational campaign for local business owners and create a handbook addressing changes to the sign code. She said enforcement of the new code will begin in January 2011. 4. RESOLUTION #14-10 ESTES PARK LOCAL MARKETING DISTRICT BUSINESS & OPERATING PLAN. Trustee Blackhurst recused himself from the operating plan discussion. Town Administrator Halburnt stated that the Town has an intergovernmental agreement (IGA) with Larimer County and the Local Marketing District (LMD) that requires Town Board approval of the LMD's operating plan and budget annually. She said that she and LMD Exec. Director Campbell are working on changes to the IGA to reflect changes in the budget, and said that in 2011 the LMD will be paying their staff's salaries and all expenses related to their operations, and retaining stakeholder fees which total approximately $250,000. LMD Board member Corey Blackman and Dir. Campbell said transparency is an important part of the operating plan and budget and thanked the Town for its support and encouragement. Trustee Miller, liaison to the LMD, commended the LMD on their professionalism and accomplishments. It was moved and seconded (Levine/Miller) to approve Resolution #14-10 approving the LMD 2011 Operating Plan and Budget as presented, and it passed unanimously, with Trustee Blackhurst abstaining. Whereupon Mayor Pinkham adjourned the meeting at 8:42 p.m. Board of Trustees — November 9, 2010 — Page 5 William C. Pinkham, Mayor Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 9, 2010 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 201/202/203 in said Town of Estes Park on the 9th day of November, 2010. Board: Attending: Also Attending: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig, and Miller Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig, and Miller Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White, members of the Historic Preservation Ordinance Committee, and Deputy Town Clerk Deats Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. HISTORIC PRESERVATION ORDINANCE. John Baudek, chairman of the Historic Preservation Ordinance (HPO) Committee, began the presentation of the proposed draft ordinance by noting that residents should take pride in the Town of Estes Park as it approaches its 100th anniversary in 2017, and said that an historic preservation ordinance can help develop that pride and preserve Estes Park's rich and unique history. He said the proposed ordinance includes provisions required for the Town to become a Certified Local Government (CLG) which has benefits related to grant and tax credit eligibility, and said the Committee requests feedback to see if the ordinance contains what the Town Board wants in an historic preservation ordinance. Mr. Baudek said that the Committee is willing to host public forums to provide an educational component to the process and to provide an opportunity for public comment. He introduced members of the Committee present at the meeting: Ron Norris, Paula Steige, David Tanton, Bill Van Horn, and Sharry White; and thanked Jim Pickering, Trustee Miller, Derek Fortini, and Kate Rusch for their contributions and support. Paula Steige, whose family has owned Macdonald's Book Store on Elkhorn Avenue since 1908, said that although the exterior of the building has been altered over time, it is still recognized as the same building seen in photos of the early 1900s. She noted that many visitors to her business express an interest in the origin of the building and that many generations of tourists have visited her business over the years. She noted that with the adoption of an historic preservation ordinance she would know the building and its history would be preserved for future generations as well. Ms. Steige said key to the ordinance is voluntary participation by the property owner and that only the building exterior is subject to the historic preservation requirements. Bill Van Horn stated that he fully supports the historic preservation ordinance and that it must be broad -based and something that the community can support. He noted that for the past ten years he has been the chairman of the Board of Trustees at MacGregor Ranch where 20 buildings are on the national registry. He said this designation has been a benefit to the Ranch in receiving grant funds and has helped to carry out the mission of the Ranch, where 3000 students per year participate in educational programs. He said modern society is forgetting history and an historic preservation ordinance will make people more aware of history in general and Estes Park's history in RECORD OF PROCEEDINGS Town Board Study Session - November 9, 2010 — Page 2 particular. Sharry White presented myths about historic preservation which included historic preservation lowers property values; is bad for business; is a violation of property rights; prohibits demolition of properties or takes away the ability to change a property in any way; and is only for high -style buildings. Ms. White refuted these myths and said that a combination of new development and historic preservation retains the best of our shared heritage, preserves historic sites, spurs economic development, and creates better communities. Dave Tanton said his family has lived in Estes Park for over 100 years and said it has been a privilege working on the Committee with such a dedicated and committed group of people. He noted that, in his lifetime, he has seen historic structures disappear from Estes Park such as the original Town Hall, the Library in Bond Park, and the original Post Office noting that it is important to preserve Estes Park's history. The Mayor called for a ten-minute dinner break at 5:30 p.m. Ron Norris, vice chairman of the HPO Committee reviewed the proposed ordinance and fielded questions and suggestions from the Trustees, including questions related to staff involvement with processing applications; composition of the commission; costs involved with mailings, recording of documents, and plaques denoting historic designation; non -voluntary inclusion in an historic district; inconsistencies in the role of the Town Board in the approval/denial process; clarification about voluntary participation and nomination processes; concerns related to recording historic preservation status on property title; the timeframe related to the application and review process; and penalties imposed related to the revocation of historic designation. The Trustees requested that the HPO Committee consider incorporating their comments and suggestions into the proposed ordinance. Although the Trustees have not reached a consensus as to whether an historic preservation ordinance is necessary or desired, they recommended moving forward with public education and public input in order to make a determination about proceeding with the ordinance. VOLUNTEER BACKGROUND CHECKS. This item will be included on a future Town Board Study Session agenda. There being no further business, Mayor Pinkham adjourned the meeting at 6:40 p.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 1 1 , 2010 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 1 1 th day of November, 2010. Committee: Chair Blackhurst, Trustees Ericson and Koenig Attending: Chair Blackhurst, Trustees Ericson Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Dir. Zurn, and Deputy Town Clerk Deats Absent: Trustee Koenig Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT. Art Blume, Town resident, requested the Town work with CDOT to install additional signage along Moraine Avenue between the Donut Haus and Marys Lake Road identifying the area as a wildlife crossing corridor, and noted that motorists often exceed the speed limit in that area. In addition, he expressed concern for the safety of emergency responders and police officers working accident scenes, noting that often motorists do not slow down sufficiently showing a disregard for the officers and putting emergency personnel at risk. Johanna Darden, Town resident, read a prepared statement related to the community outreach procedure for Bond Park improvements which she considers flawed and biased. She expressed dissatisfaction with the focus groups, the focus group invitation process, and said representatives from organizations that attended the focus groups were not representing the views of their membership. UTILITIES. REPORTS. Reports provided for informational purposes and made a part of the proceedings. 1. Distribution System Upgrades — Line Supt. Steichen presented samples of the materials utilized to upgrade the various circuits. The Beaver Point Circuit Upgrade and the Peakview Circuit Upgrade were both completed on time and on budget. Platte River Power Authority (PRPA) and Baja have completed their fiber and TV cable transfers. To date, Qwest has not started telephone cable transfers. Fish Creek Circuit Upgrades are approximately 70% complete. Difficulties working around existing utilities and rock removal have caused delays to the project. The contractor continues to work on undergrounding lines between Brodie Avenue and Highway 36. Line Supt. Steichen commended Light and Power staff for their efforts working on special projects in addition to their regular duties. PUBLIC WORKS. CONTRACT FOR FALL RIVER RETAINING WALL AT WIEST DRIVE. High water run-off events that occurred last spring eroded and undermined the retaining wall along the south bank of Fall River, west of the Wiest Drive auto bridge. After reviewing the damage, staff determined that maintenance on the wall was impractical and proposes replacement of the retaining wall. Van Horn Engineering was contacted to design a new retaining wall based on previous design work on the Wiest Drive Riverwalk extension completed for the Estes Park Urban Renewal Authority (EPURA). The design will be in keeping with, and match, the work done by EPURA. Bids for replacement of the retaining wall were received from four local companies: RECORD OF PROCEEDINGS Public Safety/Utilities/Public Works Committee — November 11, 2010 — Page 2 Kearney and Cornerstone Construction Concepts Fairbanks and Cornerstone Concrete, Inc. Mountain Concrete Company Bryson Concrete $49,981.00 $42,771.00 $32,696.16 $44,136.31 Staff recommends contracting with low bidder, Mountain Concrete Company, at a cost of $32,696.16, to be funded from the Street Improvement Program (STIP) account. Project Mgr. Sievers assured the Committee that meeting the specifications of the job is within the purview of the contractor. Staff proposes work to begin as soon as possible due to approaching winter weather conditions and to take advantage of low water flow in the river. The replacement of the retaining wall is not a budgeted item. PUBLIC COMMENT. Johanna Darden, Town resident, suggested that, in the future, staff research using durable, natural materials rather than concrete. The Committee recommends approval of a contract with Mountain Concrete Company in the amount of $32,696.16 for the replacement of the Fall River retaining wall at Wiest Drive from account #101-3100-431-35-51, non -budgeted, to be included on the consent agenda at the November 23, 2010, Town Board meeting. INCREASE OF DESIGN SCOPE FOR TRANSPORTATION HUB. In March 2009 in order to compete for American Recovery and Reinvestment Act (ARRA) funds, Public Works contracted with David Evans Associates (DEA) of Denver for the development and design of a park -and -ride type hub at the Stanley Park Fairgrounds at a cost of $27,241. Although unsuccessful in obtaining ARRA stimulus funds, the Town did successfully obtain state Congestion Mitigation and Air Quality grant funding to construct the project. At that time, plans for a multi -purpose event center (MPEC) which contained drainage and utility infrastructure, were also being considered by the Town. Since the MPEC project is currently unfunded, the infrastructure will need to be constructed as part of the transportation hub project. Staff is requesting to add underground facilities to transport storm water, detention basins for water quality, extension of water and sewer mains, a lighting plan, irrigation, landscaping, and plans for pedestrian shelters and communication lines for future use to the DEA scope of services. The additional cost of $37,178 will essentially shift from the MPEC project to the transportation hub, bringing the design contract with David Evans Associates to a total of $64,419, from account #204-5400-544-22-02. Dir. Zurn noted that the increase will bring the design fee up to approximately 4.5% of the anticipated construction costs, well below the industry average of 10-23%. The Committee recommends including the increase of design scope on the November 23, 2010, Town Board agenda as an action item. MISCELLANEOUS. Trustee Ericson attended a joint meeting of the Larimer County Open Space Committee, the Fort Collins Land Preservation Group, and the Loveland Open Space Committee to hear a presentation related to the expiration of the existing Open Space tax in 2018. Trustee Blackhurst said that the Trustees will be discussing street maintenance and upgrades in conjunction with long-range planning at an upcoming Town Board retreat. There being no further business, Chair Blackhurst adjourned the meeting at 8:48 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment October 5, 2010, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Bob McCreery, Members John Lynch, Chuck Levine, Wayne Newsom, and Pete Smith; Alternate Member Jeff Moreau Attending: Chair McCreery, Members Levine, Newsom, Smith, and Moreau Also Attending: Director Joseph, Planner Chilcott, Planner Shirk, and Recording Secretary Thompson Absent: Member Lynch Chair McCreery called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA a. Approval of minutes of the July 13, 2010 meeting. It was moved and seconded (Levine/Smith) to approve the minutes as presented, and the motion passed unanimously. 3. LOT 5, THUNDER MOUNTAIN SUBDIVISION, TBD THUNDER MOUNTAIN LANE — Variance from Estes Valley Development Code Section 4.3, Table 4-2, which requires a 25-foot side -yard setback from property lines in the E-1—Estate zone district. Planner Shirk reviewed the staff report. The applicant requests a variance from the required 25-foot side -yard setback to allow a 15-foot setback in the E-1—Estate zone district. The variance would allow construction of a proposed single-family dwelling. The proposed building site is located at the far end of Thunder Mountain Lane, in the Thunder Mountain PUD. Specifically, the lot is on a small cul-de-sac that serves five lots. Planner Shirk stated the typical neighbor notifications were not completed for this variance; however, the legal notice was published in the newspaper. Planner Shirk spoke directly with two of the neighbors and received a letter of approval from the HOA. The applicant, Bruce Gregg, spoke with the remaining surrounding home owners. Planner Shirk explained that the proposed construction area was the highest point on the lot, and backed up to open space owned by the HOA. He stated that special circumstances existed due to a wetland area and a the presence of a water main on the northern portion of the lot. In determining practical difficulty, staff found the property could be put to beneficial use without the variance. Staff found the requested variance was not substantial, and the essential character of the neighborhood would not be changed by this variance. The proposed location would place the dwelling out of the neighbor's view corridors. The variance would not adversely affect the delivery of public services, as the location of the proposed dwelling would be south of an existing water main and electric line. Planner Shirk stated the property has been in the same family since the original platting of the lot. He stated the Board of County Commissioners vacated the building envelopes in the Thunder Mountain PUD in 2000, at the request of the HOA. If those envelopes were still in place, this proposed dwelling would comply with the original building envelope. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 5, 2010 2 Planner Shirk reviewed the site plan. He stated a setback certificate would be required to verify the location of the foundation. Board and Applicant Discussion: Member Levine questioned the placement of the notification signs in relation to the property lines, and the applicant answered those questions to the satisfaction of the Board. Member Smith questioned the neighbor's view corridor, and received a satisfactory answer from the applicant. Public Comment: None. It was moved and seconded (Levine/Smith) to approve the variance request to allow a side -yard setback of 15 feet in lieu of the 25-foot setback required in the E-1— Estate zone district, with the findings recommended by staff, and the motion passed unanimously. 4. REPORTS None. There being no further business, Chair McCreery adjourned the meeting at 9:22 a.m. Bob McCreery, Chair Karen Thompson, Recording Secretary RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission October 19, 2010, 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Ron Norris, Commissioners Doug Klink, Alan Fraundorf, John Tucker, Betty Hull, and Rex Poggenpohl Attending: Chair Norris, Commissioners Klink, Fraundorf, Tucker, Hull, and Poggenpohl Also Attending: Director Joseph, Town Attorney White, Planner Shirk, Planner Chilcott, Town Board Liaison Elrod, and Recording Secretary Thompson Absent: One vacancy. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Norris called the meeting to order at 1:30 p.m. There were two people in attendance. Chair Norris announced that Commissioner Lane has moved his principal residence out of the Estes Valley; therefore, he was no longer eligible to maintain his position on the Planning Commission. Chair Norris and the other Commissioners thanked him for his time and service on the Commission. Commissioner Lane was a Larimer County representative, and the county will be responsible for finding his replacement. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA Approval of minutes from September 21, 2010 Planning Commission meeting. It was noted that the mylar due date for Marys Lake Lodge Development Plan 00-07D should be October 21, 2010 instead of September 21, 2010. It was moved and seconded (Hull/Poggenpohl) that the consent agenda be approved as corrected, and the motion passed unanimously, with one vacancy. 3. PLANNED UNIT DEVELOPMENTS (PUDs) Planner Chilcott stated staff has been focusing on identifying what could be accomplished with amended PUD regulations that could not otherwise be achieved with the current zoning regulations. Last month, Staff was given direction by Planning Commission to draft visual tools to help engage the public and to articulate some desired outcomes, beginning with a hypothetical analysis of Moraine Avenue and Cleave Street. It was important to stress that these examples were purely hypothetical, and used only as a starting point to conceptualize what a PUD might do in different areas. Staff researched a variety of options as ways to discuss desired outcomes where superior design and/or public amenities could be incentivized. Possible incentives could be changes in density, height restrictions, setbacks, parking, etc. Planner Chilcott gave several visual examples of different looks for multi -story buildings that could be used to generate public discussion. Moraine Avenue could be used to visualize different options, such as commercial highway -oriented activity close to the highway, with various other uses mixed in between the highway and the river. Open spaces, trails, etc., could also be included in the examples. Based on information provided at the last meeting, Planner Chilcott designed a sample survey that could be completed by the public to gain feedback on PUD options. Planning Commissioner's comments included: adding space on the survey for public comment; creating general lists of possible attributes for the community and benefits for the developer; the pros and cons of architectural controls; the PUD process as an opt -in process; focus on physical attributes rather than style. Commissioner Poggenpohl suggested allowing staff to take time to create a quality questionnaire. There was general consensus to use sketches rather than photographs to keep specific locations out of the survey. Commissioner Fraundorf suggested creating questions that result in very clear RECORD OF PROCEEDINGS Estes Valley Planning Commission October 19, 2010 and specific answers, and emphasized the importance of being able to act on the survey results. Planner Chilcott stated there could be attributes of a PUD that would be more suited to some areas than others. Planner Chilcott will proceed with developing the survey. Public Comment: Sandy Osterman/Town Resident suggested using caution when relating to specific areas in the community, as the ideas may not come across as hypothetical. She also questioned who the "public" was, residents or visitors? If you incorporate trails, paths, parks, etc. then there is more for everyone to benefit from. Chair Norris closed the public hearing. Commissioner Klink wanted assurance that the Town Board was in favor of moving forward with the PUD study. Planner Chilcott replied that the Town Board reviewed the PUD problem statement, and staff recommended that a sample visual preference study would be compiled and presented to the Town Board. It would be their decision as to whether or not to proceed. Commissioner Hull would appreciate knowing each Town Board member's position on this topic before moving forward. Commissioner Klink recommended creating another PUD problem statement with detailed ideas so Town Board could give specific directions for proceeding with code revisions. He would like to have direction from the Town Board prior to staff spending time on designing a survey. Commissioner Norris stated the Planning Commission should consider an updated dialogue with the Town Board to work out the important details prior to moving forward. Director Joseph stated the focus needed to rest on the trade-offs. One side of the scale has the upside for the private sector (more density, bulk, increased floor area ratio), and on the flipside what the developer would bring to the table. How you mix and match those offsetting tradeoffs was something that would need to be sorted out on a case -by -case basis. It could be difficult to create a mechanical formula, although one municipality has adopted a weighted point system that could begin to serve as such. Director Joseph suggested illustrating the proposed lists of attributes. Town Attorney White recommended submitting to the Town Board something concrete and tangible, not conceptual. Chair Norris directed staff to create two lists of attributes, one with possible community benefits and one with possible developer benefits. Where applicable, illustrate with sketches. He also suggested planning a joint study session with the Town Board to discuss the future direction of PUDs. 4. OUTDOOR DISPLAY OF MERCHANDISE — Proposed amendment to the Estes Valley Development Code (EVDC) Section 8.1 COMPLIANCE WITH TOWN AND COUNTY SIGN CODES, and EVDC Section 5.3.D.1 Temporary Seasonal and Holiday Sales. Planner Chilcott stated the proposed code amendment for the outdoor display of merchandise originated through a request from the Sign Code Task Force. The outdoor display of merchandise currently resides in the sign code, and the task force members asked that it be removed from the sign code and implemented into the Estes Valley Development Code. The focus of the proposed amendment was primarily on the location of the display. Some portions address the display size, if the display is more permanent in nature, and would limit the display to 25% of the floor area of the building. Planner Chilcott stated the recommendation from staff would add to the EVDC a limit for the size of temporary displays to be no more than 10% of the gross lot area. An applicant could apply for a temporary use permit for temporary retail sales for a period of up to 60 days. The temporary display would not require additional screening, and would be allowed on 10% of the lot area. The proposed code amendment would also update a reference to the sign code portions of the Larimer County Land Use Code, Sections 8.7 to Section 10. This code amendment was presented to the Community Development Committee, who gave staff direction to proceed with implementing it into the EVDC. Town Attorney White stated the current CD —Commercial Downtown zone district does not allow outdoor sales of merchandise. The proposed amendment would apply to individual property owners renting part of their lot for retail sales, i.e. Christmas trees, flea markets, RECORD OF PROCEEDINGS Estes Valley Planning Commission October 19, 2010 3 retail items, etc. He clarified that Bond Park is controlled by the Town of Estes Park using a permit system, and would not be affected by this code amendment. Director Joseph explained the difference between the outdoor display of merchandise and outdoor storage, and suggested adding code language that addressed the difference. He reviewed the history of when the outdoor display of merchandise originated in the sign code. Commissioner Poggenpohl recommended clarifying some of the definitions, such as outdoor "display" versus outdoor "storage". Public Comment: Charlie DickeyfTown Resident was curious as to whether or not any public comment was received from outlying businesses. He questioned if the required number of parking spaces would be considered when allowing merchants to set up outdoor displays. He was also interested in knowing if the Town would be enforcing the code. Planner Chilcott stated there was no public comment received prior to the meeting, and explained that the temporary use permit process allows staff to look at overall impacts and location of use, which would take parking into account. It was moved and seconded (Klink/Fraundorf) to recommend approval to the Town Board of Trustees the amendments to the Estes Valley Development Code Section 8.1 and Section 5.3.D.1 concerning the outdoor display of merchandise. The motion passed unanimously, with one vacancy. 5. IMPERVIOUS LOT COVERAGE PROBLEM STATEMENT Planner Shirk stated a recent application for a revised development plan exposed a loophole in the definition of lot coverage. The current definition of lot coverage "shall mean that portion of a lot that is covered by principal and accessory buildings or structures, and by surfaces that prevent the passage or absorption of stormwater such as paving and driveways." The recent application included permeable pavers that did not prevent the passage of stormwater. Planner Shirk researched definitions of impervious surface lot coverage to address the loophole. Staff recommended using the existing definition of lot coverage and adding an amendment stating that permeable pavement of any type would not be exempt from the calculation to determine the percentage of lot coverage allowed. This proposed amendment would also clarify that other types of coverage, such as a gravel parking lot, would not be exempt. Staff would like direction from the Planning Commission as to whether or not this problem statement should be presented to the Town Board prior to approving code language. It was the general consensus of the Commission that this code amendment was minor and would not require a problem statement presentation to the Town Board. Commissioner comments included: whether or not to encourage the use of permeable pavers; to request input from the Public Works Department concerning stormwater; the life -span of permeable material versus impervious material; possibly allowing the use of permeable pavers to forego the need for a detention basin, while not allowing them to be used as a way to develop more land. Director Joseph stated the proposed amendment offered clarity, and was more restrictive than the current code. He explained that although they are indirectly related, the stormwater calculations are independent of lot coverage calculations. Director Joseph stated there are various types of permeable paving systems that do not support plant life. He would be more apt to give credit for permeable pavers if they did. Planner Shirk was directed to present draft code language at the next regularly scheduled meeting. He will add a statement of clarification that permeable pavement, pavers, gravel, etc. are not exempt from lot coverage calculations. 6. REPORTS Planner Shirk stated the Small Wind Turbine code amendments were heard by the Board of County Commissioners on October 18, 2010, and were unanimously approved. The Town Board made changes after the Planning Commission's August recommendation for approval, Town Board changes included: re-inserting the Conditional Use Permit (CUP); a list of submittal requirements for the CUP; and, review criteria to ensure compliance with the noise ordinance and addressing shadow flicker, color, and visual impact. There was some concern expressed about the filing fee for an appeal to the Board of County RECORD OF PROCEEDINGS Estes Valley Planning Commission October 19, 2010 4 Commissioners. Planner Shirk reviewed the section addressing visual impact and stated if a proposed wind turbine location lies within a wildlife habitat protection area, the applicant would need to submit a wildlife conservation plan. Planner Shirk reported the County Commissioners heard the Rezoning Request for Aspen Brook PUD. The County Commissioners heard the request at their September meeting. The Commission tabled the item and directed Community Development staff to determine the closest match to the applicant's former "A" zone district. Staff determined the A-1— Accommodations zone district was the best fit. It was determined that Lot 29A could only be used for a single-family dwelling and/or a rental/sales office. Short-term rentals in this PUD would not subject to occupancy limits, and there were several exemptions from current A-1 requirements that staff determined the applicant would not be able to meet. The 30-foot height limit and exterior lighting standards would apply. These changes were approved by the County Commissioners on October 4, 2010. Planner Shirk reported the Town Board of Trustees approved the extension of the vesting period for Marys Lake Lodge Condominiums for a three-year period expiring in 2013. Director Joseph reported on the budget for 2011. The budget for the Community Development Department was frozen, with exception of an improved phone system and improved software for the permitting process. The Commission expressed gratitude to the IT department for being instrumental in obtaining this software for Community Development without budget implications. There being no further business, Chair Norris adjourned the meeting at 3:00 p.m. Ron Norris, Chair Karen Thompson, Recording Secretary Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt ri"( /N oi LSTES PA1UK 111111111HE 11111,1,1,1,1,1,1,1,1111111111111111111111111111111 From: Bob Joseph, Community Development Director Alison Chilcott, Planner Date: November 23, 2010 ""ffilifill1111111111"111111111111111111111111111111111010 olool)))))))),v,v,v,v,00 11111111111111111111111iiiiiiiiiiiii0 11111111iiii111111111111111111111111111111111111 RE: Amendment to the Estes Valley Development Code — Outdoor Display of Merchandise — First Reading/Public Hearing. Background: This is a proposal to amend the Estes Valley Development Code to: 1. Add a limit to the size of temporary outdoor sales and storage areas (outdoor display areas). 2. Update a reference to the Larimer County Sign Code. The Sign Code Task Force recommended regulating outdoor display of merchandise through the Development Code rather than Sign Code. Sign Code amendments adopted on November 9, 2010 removed outdoor display of merchandise from the Sign Code. Outdoor display is no longer treated as a sign or subject to the maximum signage allowances. This is the first reading by Town Board. A second reading is scheduled for December 14, 2010. Budget: N/A Planning Commission Recommendation: On October 19, 2010, the Estes Valley Planning Commission unanimously recommended approval of the code amendments in the attached Exhibit A. Sample Motion: I move to continue the proposed amendments to the Estes Valley Development Code to the December 14, 2010 Town Board meeting. Page 1 Exhibit A Outdoor Display of Merchandise FORMAT: 1) Existing text in black font. 2) Proposed text in underlined text. 3) Text to be removed in stalcethfough-t-Emt. § 8.1 COMPLIANCE WITH TOWN AND COUNTY SIGN CODES A. Signs in the Town of Estes Park. All signs in the Town of Estes Park shall comply with the Estes Park Sign Code, set forth in Chapter 17.66 of the Town of Estes Park Municipal Code, as amended from time to time. B. Signs in Larimer County. All signs in unincorporated Larimer County shall comply with the Larimer County Sign Code, set forth in §8,7 1.0 of the Larimer County Land Use Code, as amended from time to time. § 5.3.D TEMPORARY USES ALLOWED 1 Temporary Seasonal and Holiday Sales. a. Holiday or seasonal sales activities, such as sales of Christmas trees or farm produce, shall be permitted temporary uses in the following zoning districts: (1) CO Outlying Commercial Zoning District. (2)1-1 Restricted Industrial Zoning District. b. The term of the temporary use permit shall not exceed sixty (60) days. c. Permitted sales activities may occur within required zone district setbacks, provided that the following conditions are satisfied: (1) No activity or display shall encroach into a required setback by more than fifty percent (50%) of the required setback; (2) No activity or display shall be located within twenty-five (25) feet of an abutting residential lot; and (3) No activity, display or related equipment shall be located within a required intersection or driveway sight triangle. d. The sales and stora_at area including.. shall be lirnited to a ten percent L:10°/.9.) of the gross area of the lot.' de. Temporary seasonal and holiday sales shall not include retail sales of bulk household goods, such as furniture, carpets, art work/paintings or similar items, and shall not include retail sales of prepared or processed food products. Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt 111,111111 1111111111 1111111111111111111111111111111?,i1111111111111111111111?,L111111111111111111111111111111111111100000 """"1111111olionsuoliloollioll 0,111IIIIIP1111 1111111'10.. 111111111 I 11111111 1 1 11 1111011011111111t1111111111111111111'11111111111111111111111t111111111100pono,11111111 ,1,1,1,1,1,1,1,1,1,1,1,1,1:1:1:1,1,1,1,1,1,1,1,1,1,111:21!!!!!!!,1,1111111,111111111 '11'11'1",'1,1i11111111111111111111:11,1,1,1,1,1111,11111111111111 '1"':i1111111:111:111,, 1111111111111 tic 1 III I 11111 I ,1111:,,,11111111111111:1111y11111:li 1:1000111: From: Bob Joseph, Community Development Director Alison Chilcott, Planner Date: November 23, 2010 RE: Rezoning Request — from E-1 Estate to RM-Multi Family Residential, A metes and bounds parcel located at 440 Valley Road, Denise DeLaney Borda/Applicant, Ordinance #25-10 Background: The owners of 440 Valley Road have requested a rezoning from E-1 Estate to RM Multi - Family Residential. Staff views this as a corrective rezoning request and recommended approval of the rezoning to the Estes Valley Planning Commission. This property was rezoned from CO -Outlying Commercial to E-1 Estate in 2000 with the adoption of the Estes Valley Development Code. For at least 25 years (1974 through 1999) this property had some form of commercial zoning (CO or C-2), which permitted multi -family residential use. This has been a multi -family property since 1987. If staff had been aware of the multi -family use in 2000, most likely we would have proposed rezoning to RM. One of the "guiding principles" was to place existing uses in the appropriate zoning districts, e.g., multi -family use in a multi -family zoning district. Staff used Larimer County Tax Assessor records to determine existing uses and those records listed the property as single-family, not multi -family. Staff and the Planning Commission found that the application complies with the Code Amendment (rezoning) Standards for Review found in EVDC Section 3.3.D. Reviewing agencies did not express concerns about the rezoning application. One neighbor Page 1 expressed opposition to the request (see attached email). The applicant's statement of intent is attached. Redevelopment is not planned at this time. The property is about one acre in size and currently contains four units (one single-family unit and a triplex). Staff became aware of the multi -family use when the property owner applied for a building permit for one of the units. Budget: N/A Planning Commission Recommendation: On November 16, 2010, the Estes Valley Planning Commission unanimously recommended approval of the application, with one absent and one vacancy. Sample Motion: I move to approve/deny Ordinance #25-10. Page 2 September 30, 2010 Statement of Intent - Corrective Rezoning from E-1 to RM 440 Valley Rd. Estes Park, CO 80517 Owners: Denice DeLaney Borda, Brian D. Delaney, and Dana DeLaney Burke The intent of this request is the corrective rezoning of our property located at 440 Valley Road, Estes Park, CO. The property was incorrectly rezoned in 2000 through the Estes Valley Development Code, from a CO (commercial outlying) to an E-1 (estate single family). Our family purchased this property in 1986. It was zoned CO on the purchase deed in 1986. The previous owners had a residence and a separate building utilized as an antique shop on the property. Our father, an architect and Chief of Planning & Engineering at Purdue University at that time, submitted architectural plans and obtained the required building permits from the Town of Estes Park in 1987 (Permit Number 4075) to turn the antique shop into a triplex. Our family has utilized the property as a multi -family residence for over 22 years. Our parents lived in two of the units of the triplex (Units 2 and 3) and visiting family often stayed in Unit 1. The single-family residence was rented long term to a local resident, and later utilized by family members. We recently applied for a building permit to finish off Unit 3 with a bathroom and kitchen, as our deceased parents had always planned to do. This is when we discovered that the property had been incorrectly rezoned to E-1, single-family, in 2000. Director Bob Joseph, Town of Estes Park Community Development Department, suggested that we apply for corrective rezoning from single-family to multi -family to obtain the building permit. To complicate matters, the Community Development Department (CDD) had lost their file for this address and had no plans or permitting records. We fortunately were able to locate the 23-year-old plans and permits to recreate a file for the CDD. Once the situation was clarified, Director Joseph stated that all rezoning fees would be waived and that his department supported the corrective rezoning to RM (residential multifamily). Our father's records were very complete and yet there was no record of the 2000 rezoning to E-1 that was done by the Estes Valley Development Code, The CDD's database showed our elderly parents did not return the postcard to the city which would have verified receipt of this rezoning. We were not aware of the rezoning until we applied for the building permit on September 27, 2010. It is the desire of the owners to improve the usability and attractive appeal of our property, and its continued use as a multi -family residence. We simply wish to complete the work on the triplex that our father, an architect, designed in the 1980's. This is a statement of intent to accompany the application for rezoning from E-1 to RM, Sincerely, Denice DeLaney Borda owner / applicant Alison Chilcott From: NORMAN JACKIE LOVE [normlove6@msn.com] Sent: Monday, November 15, 2010 12:52 PM To: Alison Chilcott Subject: 440 Valley Dr., 11/16 agenda Regarding the zoning change to 440 Valley Dr. from E=1, single family to RM multi family, I object. My husband and I purchased a lot at 880 W. Elkhorn in 2005 after checking the zoning of the homes across the street and determined they were zoned single family. In 2006 we proceeded to build a home at considerable expense based on this information. This area should remain single family. There are far too few single family neighborhoods in the Town of Estes. This is not "corrective" rezoning, this is rezoning. The Town has made a zoning decision and through the years other decisions have been made based on this information. I am not able to attend the Planning Commission Meetings as I am a patient at the Rocky Mountain Cancer Clinic and need to converse by email at this time. Respectfully, Jacqueline Love 880 W. Elkhorn PARCEL #35234-22-004 LOT 4, WITT SUBDIVISION, EP 20040003702 970 577 0966 i ORDINANCE NO. 25-10 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE A METES AND BOUNDS PARCEL LOCATED AT 440 VALLEY ROAD WHEREAS, the Estes Valley Planning Commission has recommended rezoning a Metes and Bounds parcel commencing at Pt 1170 Ft W Of SE Cor 23-5-73; Th N 0 1' E 618.8 Ft To Cen Rd, Th Alg Cen Sd Rd S 79 31' W 129.2 Ft, N 69 48' W 45.4 Ft TPOB, S 26 21' W 263 Ft, N 34 42' W 203.4 Ft, N 27 24' E 105.6 Ft, N 81 34' E 82.7 Ft, S 69 48' E 108.8 Ft TPOB, Estes Pk; Less Rd As Per 2024-007, located at 440 Valley Road, from E-1 Estate to RM-Multi-Family Residential; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the recommended zoning change be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning for a Metes and Bounds parcel commencing at Pt 1170 Ft W Of SE Cor 23-5-73; Th N 0 1' E 618.8 Ft To Cen Rd, Th AIg Cen Sd Rd S 79 31' W 129.2 Ft, N 69 48' W 45.4 Ft TPOB, S 26 21' W 263 Ft, N 34 42' W 203.4 Ft, N 27 24' E 105.6 Ft, N 81 34' E 82.7 Ft, S 69 48' E 108.8 Ft TPOB, Estes Pk; Less Rd As Per 2024-007, located at 440 Valley Road, shall be changed from E-1 Estate to RM-Multi- Family Residential. Section 2: 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 , 2010. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2010 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2010, all as required by the Statutes of the State of Colorado. Town Clerk 4 fP Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN OF ESTES PARK FINANCE From: Steve McFarland — Finance Officer Date: November 23, 2010 RE: Public Hearing — 2011 Budget - Adoption Background The following pages contain the necessary documents to adopt the 2011 Budget. 1. Highway Users Trust Fund Public Hearing document — Colorado budget law requires a public hearing be conducted to discuss how Highway Users Trust Fund revenues are proposed to be expended in the proposed budget year. 2. Resolution to Set Mill Levies — The resolution to set the Mill Levy is required in order for the Town to be able to levy and collect property taxes. For 2011, the Mill Levy will be 1.822, resulting in $347,684 to be collected on $190,873,930 in net assessed property value. 3. Resolution to Adopt Budget — The resolution to adopt the budget is supported by a spreadsheet summarizing the proposed revenues and expenditures for the 2011 Budget. There are no changes from the November 09, 2010 budget hearing. 4. Resolution to Appropriate Sums of Money — Once expenditures are approved in #3, it then becomes necessary to state where the revenues originate to support said budget. This resolution lists the expenditure categories by fund, and states that the revenues/resources within each fund are sufficient to support the expenditure levels. Recommended Motion The resolutions can be adopted simultaneously. "I recommend approval of Resolutions #15-10 to Set Mill Levy, #16-10 to Adopt Budget, and #17-10 to Appropriate Sums of Money." Page 1 4 EP Memo TOWN OF ESTES PAIZIc FINANCE To: Honorable Mayor Pinkham, Board of Trustees, Town Administrator Halburnt From: Steve McFarland — Finance Officer Date: November 23, 2010 RE: Public Hearing — 2011 Budget — Adoption A. Highway Users Trust Fund Background Colorado budget law requires a public hearing be conducted to discuss how the Highway Users Trust Fund revenues are proposed to be expended in the ensuing fiscal year. The following are the proposals that are included in the 2011 Town of Estes Park budget: 2011 1. Estimated Revenues: $273,820 2. Estimated Expenditures: a. STIP overlay $400,000 b. Curb, gutter, sidewalk, guardrail, Snow removal, plow blades 50,000 c. Vehicles/equipment usage 128,000 d. Traffic control 16,700 $594,700 In addition, expenditures for snow plowing, street maintenance, or any other expenditures directly related to streets are allowable uses of Trust Fund revenue in the event that any of the above -listed projects are not constructed or come in considerably less than budget. Page 1 RESOLUTION TO SET MILL LEVIES NO. 15-10 A RESOLUTION LEVYING PROPERTY TAXES FOR THE YEAR 2010 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 2011 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Government Budget Law on November 23, 2010; and WHEREAS, the amount of money necessary to balance the budget for general operating expense is $347,684; and WHEREAS, the preliminary net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $190,873,930. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That for the purpose meeting all general operating expenses of the Town of Estes Park during the 2011 budget year, there is hereby levied a tax of 1.822 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2010. That the Town Clerk is herby authorized and directed to immediately certify to the County Commissioners of Larimer County, Colorado, the mill levies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 23rd day of November, 2010. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION TO ADOPT BUDGET NO. 16-10 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2011, AND ENDING ON THE LAST DAY OF DECEMBER, 2011. WHEREAS, the Board of Trustees of the Town of Estes Park has appointed Jacquie Halburnt, Town Administrator, to prepare and submit a proposed budget to the Governing Body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, public hearings were held on November 9, 2010 and November 23, 2010, and interested taxpayers were given the opportunity to file or register any objections to the proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: The attached budget, as submitted, and summarized by fund, is hereby approved and adopted as the budget of the Town of Estes Park, Colorado, for the fiscal year ending December 31, 2011, and shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town of Estes Park. ADOPTED this 23rd day of November, 2010. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk FUND LISTING FOR SUMMARIZING REVENUES AND EXPENDITURES FOR EACH FUND FOR 2011 a, m 3 0 000 t0 M 00 0 W ,-i 0 M '-i t+i N 01 NO i co m 0 0 3 0 M N to to °p a ni J D N W CO 00 00 N 00 00 Jr O) C O 0 0 0 N ,C u j N OW 000 O O > Z U 00 O O E 0 > N W N 0 0 rt 0000 U 5 N rl N O C O N N 000 Q 0 N Ol 0 O N N O +V N m ''t 0 V c 00 0 0 •m r. (0 rn0 00 d,10 W 00.) M Qi Hi N Unappropriated Surpluses M M O N W HI W ry-i to' Lecri V co Hi N m N ' .- 00 M N N W 00 CO N t0 N 0 m NNWH 0 W 0 M 00 m W WNNM n O 00 O 00 N O 0 0 0 0 N co O M N 0 0 O N O co M O 00 O co 0 O 000 N 0 WNul NM tV N.000 00 0 00 0 to 00 0 0 0 0 00 o'-t 0000 0 0 .ti M O W O W 00 00 00 0 00 00 V W 00 N O N v m V. N 0 to 0) > O X O W Q, t0 j 0) O C t0 7 a O V ~T w O 5 a`i C ,t ~ O N N C 10 N d. I C Y w' � v a Z v ¢ F- Q. tX U U F- 0 O 0 VO0 t0 • N N N W 0 N N 00 to Hi 00 W 06 • t 0 00 H t0 00 N 00 o o N O 0 o 0 .W-I 00 0 0 t/) to to 00 N in Remaining Surplus atc° to 000 to' IN • 0 0, tri 1- M Police Pension 0 m N 0 0 0 N N 0 0 0 C M N to O O ND co mm N N N E to `o ^ ai 00 N C u O u N C W C u • to L to 0.8(0 O (00 0 0 0 C !°° ti to l71 N O 0 0 0 N 0 0 0 0 W O. N 00 w a- UCC `O :0 n a O m w j cc 0 0 to o000 N N 0 0 0 00 t(0 t0 N N N O 0000 N t0 0 0 O 0 u N.0 OW) LO N 00 N 00 0 O N 00 00 O O 0) 0 Hid V N N Hi 0 0 0 00)) tN/) O 0000 N 0 0000 N EXPENDITURES 0 0) t0 ()') N N O O 0 W 0 0) ...0• 0 00 0) in t0 r-IN 0) 00 ti 00 CO N N 00 t0 r/ to tr.) I. 0) 0) N N N N O O N N 0 0 N N Remaining Surplus ** No activity projected for Fund in 2011 * Fund to be discontinued/terminated in 2010 RESOLUTION TO APPROPRIATE SUMS OF MONEY NO. 17-10 A RESOLUTION ADJUSTING APPROPRIATIONS TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2011, AND ENDING ON THE LAST DAY OF DECEMBER 2011. WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on November 23, 2010; and WHEREAS, over the course of the fiscal year ending December 31, 2011, the estimates included in the adopted budget have been revised to more accurately represent the actual revenues and expenditures necessary to operate the government; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following attached sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated. ADOPTED this 23rd day of November, 2010. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk FUND LISTING FOR APPROPRIATING SUMS OF MONEY FOR 2011 BUDGET aa)a)o 0 0 0 V)� co co o m up N m O 00 N •tt CO' 00 al La- ui d• 00 N c-1 N N 't •t c-1 N N m V} in - LO N N <-1 ID 00 u1 00 m -1 .4- 0o t» o0 00 N d N N m N .:t o Ln O c-7 CV tIO * 0000 : V) .O O CO s c .0 > N D 0 0 0 = ` U N in T N O1 03 E m a) N N o E tN!? i. 0 a) 0 N 1- o o o 0 (0 N .4 O ....1U O to O in. In Conservation 1 f- c-1 ci N 00 0 0 0 0 ci O m c-1 0/> 00 O O 0 00 O In r1 O to up N N r-I 00 N N c-i d' Ol L fl t/} 0 c-1 ri m In V? Information a) 00 0 0 0 00 ry 0 0 t r+ ri 1-- N N 0 c--1 O O O O Oo N La LD (NI' in- V} Police Pension Fire Pension* E a)4-, T to 01 O N In m ta 4-, N a) up L.L. O u 0 N 0 =p c o0 a) co o 2 '3 In N C tn- a) 8 d• O o Ln O1 00 0c00 �t r.1 ci . LLn L.0 LLD 01 szf 00 N NN' r-1' V? c--1 0 0 0 0 0 0 0 0 0 in. 0 '0 tD c}' L(D 00 0 0 01 0 c-i O to N VI- 0 0 0 0 VT 0 0 0 0 V? a) a) c c a) a) wCO +.+ iZ T ++ U W 4-,U dCA O N L CC O co <0 in vim- It co (O In -0 L i-, 4-, N '0 L . y C v Q )7 `-, c Q o_ s) Li 0 O. U 0 I`- 1-. L1 0 0 0 Transfers Out 0 O 0 0 Lo t/) La c-t al c-1 b i/r ? r-I c-i 1n al N V} 0 V} 0 c-1 0 0 c N 0 -, C D E C al w -O O 0 Y Y U Memo To: Mayor Pinkham and Town Trustees Administrator Halburnt From: Director Joseph, CBO Birchfield Date: November 23, 2010 RE: Building Contractor Licensing 0111111111111111111111111,1111 uly011111010000II1111111111111010IIIIIIIIIIIIIIIII 111101111110111111111011111111101,,,IIIIIIIIIIIIII11111111111001111111111 4111 111111 11111111111111111111111111111111111111IIIIIIIIIIIIIIIIIIIIIII 111111111111111111111111IIII Report: The Town currently licenses all contractors and subcontractors working inside the city limits. The issuance of the license is not based on any testing or qualifications. Larimer County recently enacted a new qualifications -based contractor licensing program. This approach is common in many Colorado jurisdictions. At this time, we are using the Larimer County program as a template for a transition to a qualifications -based Town license. It should be emphasized that the Town would accept testing based, and experienced based, qualifications from Larimer County or any other Colorado jurisdiction that adheres to the same locally adopted standards, so there would be no redundant testing process. Larimer County has recently adopted an experience qualification in lieu of testing and the proposed draft of the Town ordinance now contains a similar provision. Staff has produced a draft revision to incorporate an approach that would be very similar to the existing Larimer County regulation. The Community Development and Community Services Committee recommends this ordinance to become effective at the start of 2011. This start date will simplify implementation and administration of this new process. Budget: The Town already collects a fee for the issuance of a Town license and this fee should not be increased. So there would be no budget impact. ORDINANCE NO. 26-10 AN ORDINANCE ESTABLISHING A BUILDING CONTRACTOR LICENSING PROGRAM FOR THE TOWN OF ESTES PARK WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town and its citizens to establish and adopt a program for the licensing of building contractors conducting business within the Town of Estes Park; and WHEREAS, Section 31-15-501 (1)(c) C.R.S. provides that the Board of Trustees of the Town has the power to license and regulate any lawful occupation and to fix the terms and manner of issuing and revoking licenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Board of Trustees of the Town of Estes Park, Colorado hereby amends the Municipal Code of the Town of Estes Park by the addition of Chapter 14.48 — Building Contractor Licensing as the same as more fully set forth on Exhibit A attached hereto and incorporated herein by this reference. Section 2. The Ordinance shall take effect and be in force 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 , 2010. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2010. Town Clerk Exhibit A ESTES PARK MUNICIPAL CODE Chapter 14.48 BUILDING CONTRACTOR LICENSING Chapter 14.48 .010 Purpose .020 Principles of Interpretation .030 Definitions .040 Building Contractor Licensing Requirement .050 Administration of Licensing Requirement .060 Types of Licenses .070 Conditions for Issuance of a License .080 Process for Issuance of License .090 License Tenn and Expiration/Reapplication .100 License Renewal Updated Codes .110 License Fees .120 Violations .130 Enforcement .140 Appeal from Decisions of the Building Official .150 Reapplication for Denied or Revoked License CHAPTER 14.48 BUILDING CONTRACTORS LICENSING 14.48.010 PURPOSE. The purpose of the building contractor licensing program is to protect the public health, safety, and welfare of the citizens of the Town of Estes Park by requiring that building contractors conducting work under Town -issued building or sign permits demonstrate, through the licensing process, that they are competent in the general construction trades or practices in which they are engaged. 14.48.020 PRINCIPLES OF INTERPRETATION. In the case of conflicting or ambiguous provisions in this Chapter, the interpretation taken shall be the more restrictive one, or the one that otherwise best protects the public health and safety in the discretion of the Chief Building Official. 1 14.48.030 DEFINITIONS. The following definitions shall apply in the interpretation of this Chapter. Words not defined shall be given their ordinary meaning, or their accepted technical meaning as appropriate. A. Building Contractor. A person who for compensation directs, supervises, or undertakes any work pursuant to a Town building or sign code permit, with the exception of the following: 1. A person whose sole function in the work is to perform labor under the supervision or direction of a building contractor. 2. A person performing repair or maintenance work on property owned by that person. 3. A person who acts as the contractor for the construction of a new single family residential dwelling on that person's own property. 4. An employee performing repair or maintenance work on the employer's own property. B. Board of Appeals (BOA). The appellate board appointed by the Town Board to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official pursuant to the International Building Code as amended and adopted by the Town of Estes Park. C. Chief Building Official (CBO). The head of the Town of Estes Park Building Division or his/her designee. D. Person. Any individual, corporation, limited liability company, partnership, association, or other legal entity. E. Repair or Maintenance Work. Minor work to repair or maintain structures including but not limited to interior decorating and minor exterior maintenance (painting, window covering installation, drywall patching, masonry repair, and the like); the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles; the replacement of any minor part of a portable gas heating appliance that does not alter approval of equipment or make such equipment unsafe; the stopping of leaks in drains, water, soil, waste or vent pipes (but not the removal and replacement of any concealed trap, drain pipe, water, soil, waste or vent pipe); the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and installation of water closets (provided such work does not involve the replacement or rearrangement of valves, pipes or fixtures); and emergency equipment replacement and repairs (for which any required building permit is applied for within the next business day). 2 Repair or maintenance work does not include the cutting away of any wall, partition or portion thereof; the removal or cutting of any structural beam or load -bearing support; the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; the addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring, or mechanical or other work affecting public health or safety; or any other work requiring a Town building permit. 14.48.040 BUILDING CONTRACTOR LICENSING REQUIREMENT. Any person who engages in the business of being a building contractor in the Town of Estes Park must, prior to engaging in such business, obtain a building contractor's license from the Town Clerk as required in this Chapter. 14.48.050 ADMINISTRATION OF LICENSING REQUIREMENT. The Chief Building Official shall be the Town official responsible for administering the provisions of this Chapter. Appeals of the Chief Building Official's decisions may be made to the Board of Appeals as further provided in Section 14.48.140. 14.48.060 TYPES OF LICENSES. The following types of building contractor licenses are established, and must be obtained as specified below: A. Class A Contractors License. This license entitles the holder to engage in the construction, alteration, tenant finish or repair of any type of structure permitted by the International Building Code or the International Residential Code. B. Class B Contractors License. This license entitles the holder to engage in the construction, alteration, tenant finish or repair of commercial buildings and single- or multi -dwelling buildings not exceeding three stories in height as permitted by the International Building Code or the International Residential Code. C. Class C Contractors License. This license entitles the holder to engage in the construction, alteration, or repair of one- and two-family dwellings and accessory buildings as permitted by the International Building Code or the International Residential Code. D. Gas Piping Contractors License. This license entitles the holder to perform any gas piping work as permitted by the International Fuel Gas Code or the International Residential Code. E. Jobbers Contractors License. This license entitles the holder to provide non-structural remodels on commercial and residential structures with a total value of not more than five thousand dollars as permitted by the Intenlational Building Code or the International Residential Code, F. Mechanical Contractors License. This license entitles the holder to perform any work in the heating, ventilation, and air-conditioning fields as permitted by the International Mechanical Code, International Fuel Gas Code or the International Residential Code. 3 G. Special Contractors License. This license entitles the holder to perform work in one or more specialized trades such as: barns, carports, decks, detached garages, fences, fireplaces, gazebos, greenhouses, masonry veneer, patio covers, patio enclosures, porches, porch enclosures, radon mitigation, re -roofing, re -siding, sheds, signs, solar panel systems, spas, sunrooms, swimming pools, wind generators, window replacement and wood stoves as permitted by the International Building Code or the International Residential Code. 14.48.070 CONDITIONS FOR ISSUANCE OF A LICENSE. The Chief Building Official shall approve a Builders Contracting License for any person who satisfies all of the following: A. Possess a valid Town Business License. B. Demonstrates that the person has a valid and current license issued by another county or municipality that was obtained by receiving a passing grade on a nationally recognized examination promulgated by the International Code Council commonly used and accepted by the industry; or achieves a passing grade on the applicable International Code council (ICC) exam related to the particular license type being applied for or its nationally recognized equivalent as determined and approved by the Chief Building Official as follows: 1. Class A Contractors License ICC Exam: Standard General Building Contractor (A) 2. Class B Contractors License ICC Exam: Standard Building Contractor (B) 3, Class C Contractors License ICC Exam: Standard Building Contractor (C) 4, Gas Piping License ICC Exam: Master Gas Pipe Fitter 5, Mechanical License ICC Exam: Commercial or Residential Mechanical C. In lieu of an exam, Jobbers or Special Contractors must provide proof of three (3) successfully completed projects in their specialized field or show proof of two (2) years full-time equivalent experience working for a contractor in each specialized field, The Chief Building Official shall make the final determination based on the application. D. For persons seeking a Class A, B, or C Contractors License, provides proof of three (3) successfully completed projects or show proof of two (2) years experience in their contractor's field, E. In lieu of an exam and/or proof of experience, the following persons shall provide copies of their current State of Colorado license or certification, A person required to be licensed by the State of Colorado who is performing work within the scope of their license, such as: Electricians pursuant to Article 23, Title 12, C.R.S. Plumbers pursuant to Article 58, Title 12, C.R.S. Elevator and Conveyance Installers pursuant to Article 5.5 Title 9, C.R.S. Manufactured Horne Installers pursuant to 24-32-3301 et sec C.R.S. 4 F. In lieu of having a valid and current license issued by another county or municipality or achieving a passing grade on the applicable International Code Council examination provided in sub -paragraph B. and the completed projects requirements of sub -paragraph D., a person may provide to the Chief Building Official evidence that the person has applied for a minimum of ten (10) building permits in Colorado in local jurisdictions equivalent to Larimer County or the Town. The ten (10) building permits shall be related to the type of license applied for by the person. The person shall have completed 80% of the projects for those building permits. For example, if a person had applied for ten (10) permits and eight (8) or more of the building permits have received final inspection approval, the person has an 80% successful completion rate. For the purposes of this sub -paragraph F., the Chief Building Inspector shall have the sole discretion on the determination of whether or not a person has met the requirements of this sub- section. G. Meets the requirements for processing of licenses in Section 14.48.080. 14.48.080 PROCESS FOR ISSUANCE OF LICENSE. The following procedural requirements shall apply to the issuance of licenses under this Chapter: A. Contractors must submit a complete license application to the Chief Building Official on the form provided by the Town Clerk including all required supporting documentation. B. Within seven (7) business days after a complete application for a license is submitted, the Chief Building Official shall approve a license, a provisional license, or a written statement of license denial. Inadvertent failure of the Chief Building Official to act within seven (7) business days shall not entitle the applicant to engage in building contracting work in the Town. 1. The Chief Building Official shall approve a license if the Chief Building Official determines, based on the submitted complete application, that the conditions for license issuance have been met. 2. The Chief Building Official shall approve a provisional license if the Building Official determines that the submitted complete application indicates that the conditions for licensing appear to have been met but the Chief Building Official needs additional information to verify this indication. If a provisional license is issued, the Chief Building Official shall, after verifying the conditions for licensing have been met, approve a license. The Chief Building Official shall have 45 calendar days after issuance of a provisional license to approve a license or a written statement of license denial. Inadvertent failure of the Chief Building Official to approve a license within this 45-calendar-day period shall not preclude an applicant who has otherwise satisfied the requirements for obtaining a license from engaging in the business of being a building contractor and applying for or working under a Town building or sign permit, provided that the Chief Building Official subsequently approves the submitted application and a license is issued. 3. The Chief Building Official shall issue a written statement of license denial if the Chief Building Official determines that any of the conditions for license issuance have not been met. The statement of license denial shall specify the reason for denial. 5 4. Any issued license or provisional license may contain terms or conditions which the Chief Building Official deems necessary to carry out the purposes of this Chapter. 14.48.090 LICENSE TERM AND EXPIRATION/REAPPLICATION. License approvals shall be effective for one (1) calendar year after their date of issuance. Licenses shall expire at the end of this term. Contractors holding licenses may apply for a new license within three (3) calendar months prior to the expiration of their existing license. Contractors holding a valid Town license who apply for a new license must not have any unresolved building code violations older than 30 days. 14.48.100 LICENSE RENEWAL UPDATED CODES. If the Town has adopted updated International Building Codes, a Building Contractor applying for renewal of its license shall provide to the Chief Building Official evidence that the Building Contractor has kept updated on the newly adopted International Codes by attending classes on the updated codes or has taken an abbreviated exam on the updated codes. The Chief Building Official shall maintain a list of classes or abbreviated exams which are acceptable to meet the requirements of this section. 14.48.110 LICENSE FEES. Administrative fees for issuing a license under this Chapter shall be established by Resolution of the Board of Trustees. 14.48.120 VIOLATIONS. It shall be a violation of this Chapter for any Building Contractor to: A. Provide any materially false, misleading, or incomplete information on a license application. B. Fail to obtain a required building or sign permit or to follow any other applicable requirements of the Town of Estes Park Building Codes or Sign Code, as amended. C. Perform work outside the scope of an issued license, transfer a license to a person other than the licensee, or employ unlicensed persons in work under a Town building or sign code permit who are required to be licensed under this Chapter. D. Fail to resolve any outstanding (older than 30 calendar days) Town of Estes Park Building Codes or Sign Code violations. E. Engage in conduct or activities which cause adverse action to be taken under a license issued by another jurisdiction which in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Code or Sign Code indicates that the licensee lacks the basic competence to perform the work for which the license has been issued. F. Otherwise violate this Chapter or engage in activities or conduct which, in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Codes or Sign Code, indicates that the Contractor lacks the basic competence to perform the work for which the license has been issued. G. Failure to pay the difference in the building permit fee when the original building or sign valuation is below the actual building cost. 6 14.48.130 ENFORCEMENT. A. The following actions may be taken for violation of this Chapter: 1. The Chief Building Official may give a written warning to the building contractor. 2. The Chief Building Official may revoke the Building Contractor's license. 3. The Chief Building Official may stop/suspend work under an issued building or sign permit; may stop -work on a project that required but does not have an issued building or sign permit; may refuse to issue a certificate of occupancy or perform a final inspection under an issued building or sign permit; or may revoke an issued building or sign permit. 4. The Chief Building Official may pursue any other remedy allowed in law or equity. B. Process for enforcement: 1. Prior to taking any of the actions specified in Section 14.48.130, Subsection 2,3,& 4, the Chief Building Official shall serve a notice of violation by delivering the notice personally to the Building Contractor or by mailing the notice via certified mail, return receipt requested to the Building Contractor's address of record on the application. The notice shall specify the nature of the violation in reasonable detail. 2. The Building Contractor shall have ten (10) calendar days after the date on which the notice is delivered or deposited in the mail to cure the violation or to request a meeting with the Chief Building Official. 3. If the Building Contractor makes a timely request for a meeting with the Chief Building Official, the Chief Building Official shall notify the Building Contractor of the date, time, and place of the meeting. The meeting shall occur no later than seven (7) business days after receipt of the meeting request. 4. Upon completion of the meeting, the Chief Building Official shall take all information presented under advisement and shall notify the Building Contractor in writing within seven (7) business days after the meeting of the Chief Building Official's findings and decision. 5. The decision of the Chief Building Official may be appealed to the Board of Appeals pursuant to Section 14.48.140. C. Emergency Enforcement: 1. If the Chief Building Official has cause to believe public health and safety will be endangered as a result of an apparent violation of this Chapter, the Chief Building Official may enter an order for immediate suspension of a Building Contractor's license and may impose a stop -work order against the affected property pending a hearing before the Board of Appeals. The Chief Building Official shall notify the Building Contractor of the immediate 7 suspension of his/her license, the stop -work order, the nature of the violation and the date, time and place of the hearing before the Board of Appeals. The notice shall be served by personally delivering the notice to the Building Contractor, by posting the notice at a prominent location on a property which has been issued an active building or sign permit on which the Building Contractor is known to be working, or by transmitting the notice to the Contractor by first class mail at the Building Contractor's address of record on the application. The Chief Building Official shall post the stop -work order at a prominent location on the affected property and shall also transmit a copy of the stop -work order, including the reasons for the order, to the affected building or sign permit holder and property owner (if other than the Building Contractor) by personal delivery or by first-class mail at the address on record with the Chief Building Official. 14.48.140 APPEALS FROM DECISION OF THE CHIEF BUILDING OFFICIAL. A. Appeals to the Board of Appeals may be made by any person aggrieved by the following final decisions made by the Chief Building Official in the course of administering this Chapter: 1. Denial of a license application. 2. Suspension of revocation of a license. 3. Issuance of a stop-work/suspension order or revocation of a building or sign permit. 4. Written determination that a person is a building contractor required to obtain a license or a certain class of license under this Chapter. B. Appeals to the Board of Appeals must be in writing addressed to the Chief Building Official, must state in reasonable detail the basis for the appeal and must be received by the Chief Building Official no later than 14 calendar days after the date of the decision being appealed. If the official decision being appealed was sent by regular U.S. mail, three (3) additional days shall be added to the 14-day appeal deadline. C. Upon receipt of a complete and timely appeal the Chief Building Official shall schedule a hearing. The hearing shall be held no earlier than 15 calendar days and no later than 45 calendar days after receipt of the appeal, or as soon as possible thereafter given the availability of the Board of Appeals members for the appeal hearing. For hearings pursuant to Section 14,48,130, the hearing date shall be set based on the date of the notice. D. The Chief Building Official shall make a written statement to the Board of Appeals on each appeal request, The Chief Building Official shall make this statement available to the appellant at least seven (7) calendar days prior to the hearing. E. The Board of Appeals shall conduct appeal hearings according to the rules of procedures set forth in their By -Laws as they may be amended from time to time. F. The Board of Appeals shall keep a written and recorded record of its hearing, and shall issue a decision on the appeal which the Chief Building Official shall provide to the appellant in writing 8 no more than 14 calendar days after the hearing. The Board of Appeals' decision shall be final unless otherwise stated. G. The provisions for Board of Appeals under this Section 14.48.140 shall supplement the Board of Appeals authority under the Town of Estes Park Building Code and the Board of Appeals adopted procedural rules as they may be amended from time to time. 14.48.150 REAPPLICATION FOR DENIED OR REVOKED LICENSE. If a license is denied or revoked under this Chapter, the applicant may reapply for a license, but not sooner than 90 calendar days after the final decision of the Chief Building Official or the Board of Appeals, as applicable. 9 Cynthia Deats From: Geoff Noyes [pgnoyes@yahoo.com] 'ent: Thursday, November 18, 2010 6:10 AM Cynthia Deats Subject: Westover Construction recommendation - contractor ordinance To: Estes Park Contractor Licensing Board Starting in April 2004 with completion in April 2006, Mark Westover's firm, Westover Construction Inc, built our new house in Koral Heights. The workmanship was superb, well exceeding our expectations, especially given the challenging nature of what we asked for: >hybrid timberframe construction (not post & beam), involving difficult shaping and erection problems, as well as final inspection by a certified mechanical engineer for snow loads; >hooking into the wretched old Koral Heights water distribution system; >west, south and east window walls, which are virtually all windows and very little wall, as well as a 28ft high ceiling and picture window on the west; >all interior lumber coming from our New York State farm woods, in rough -cut condition, which Mark had to cut -to -width, plane, and tongue -and -groove mill, all on site, all the hardest of hardwoods (hard rock maple, ash, cherry and ironwood). All floors, walls, ceilings and moldings are of these hardwoods, 21,000 board feet total, all shipped out rough from NYS by us. >All this on a sloping plot. What a great job his company and workmen did! Relations, both personal and financial, between us were friendly, correct and successful. We have a showcase home in Estes and we credit Mark's firm for it. Sincerely, Geoff and Kristi Noyes 315-363-0692 home 914-960-0071 cell 1435 Prospect Mt. ROAD Estes A fP Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN OF ESTES PARK Public Works Department From: Scott Zurn, PE, CFPM, Public Works Director Date: November 23, 2010 RE: Transportation Hub — Increase Scope of Work Background: In March 2009, Public Works contracted with David Evans Associates (DEA) of Denver for $27,241 to develop and design a Park n' Ride type hub at the Stanley Park Fairgrounds in order to compete for American Recovery and Reinvestment Act (ARRA) funds. The Town was not successful in obtaining ARRA funds for this project; however, because of DEA's design efforts, the Town was successful in obtaining state Congestion Mitigation and Air Quality (CMAQ) grant funding to construct the project. At that time, Town staff was also directed to design the Multi -Purpose Events Center (MPEC) with drainage and utility extensions. Drainage and utility infrastructure will now have to be constructed as part of the Transit Hub and not with the MPEC. Detention facilities are required by state regulations to be constructed in conjunction with the Transit Hub. In addition, utilities and infrastructure will need to be designed and constructed under and around the Transit Hub to avoid future utility cuts through the completed project. Staff is requesting to add work to the DEA scope in order to keep the Hub project on schedule. Work includes all the underground facilities to transport storm water to the northwest portion of that property and a detention basin for water quality. Also required are the extension of water and sewer mains, a lighting plan, irrigation, and landscaping as well as plans for pedestrian shelters on Manford Avenue and communication lines for future use. Other tasks include acquiring CDOT review and approval, writing the specifications, and bidding for this $1.5m project. This increase will bring the design fee up to approximately 4.5% of the anticipated construction cost (industry average is 10-12% for design and can be up to 23% on state or federal projects). Town Board reviewed and approved $250,000 in matching grant funds from the Community Reinvestment Fund for this project. Budget: Staff requests keeping DEA as the design consultant and increasing the scope at a cost of $37,178 for a total design cost with DEA of $64,419. Acct # 204-5400-544.22-02 Staff Recommendation: Staff recommends increasing the budget for the Transportation Hub design by $37,178. Sample Motion: I move to approve/deny increasing the budget for the Transportation Hub design by $37,178 for a total budget of $64,419. Page 2 • , ,:. 411$ \ 1 101 1 \ 1 111111111110 i CA i . ! 0 / Diktinil a.- , SOMO8DH X ONIISIV1, " • 4"--mgek 4416gi 133815 HIV 54 !LP Project No./Code cr) OVERALL SITE Settiel SAWS: Sheet Subset: As Constructed Print Cate: 5/13/2009 0 0 0000 Horiz, Seale: I° • 50' Vert. SCOle:11/A towg 05p100104411$101Vif 341:1 1)009g ig:10.0000001101‘11,A ESTES PARK MUNICIPAL CODE Chapter 14.48 BUILDING CONTRACTOR LICENSING Chapter 14.48 .010 Purpose .020 Principles of Interpretation .030 Definitions .040 Building Contractor Licensing Requirement .050 Administration of Licensing Requirement .060 Types of Licenses .070 Conditions for Issuance of a License .080 Process for Issuance of License .090 License Term and Expiration/Reapplication .100 License Renewal Updated Codes .110 License Fees .120 Violations .130 Enforcement .140 Appeals from Decisions of the Building Official .150 Reapplication for Denied or Revoked License CHAPTER 14.48 BUILDING CONTRACTORS LICENSING 14.48.010 PURPOSE. The purpose of the building contractor licensing program is to protect the public health, safety, and welfare of the citizens of the Town of Estes Park by requiring that building contractors conducting work under Town -issued building or sign permits demonstrate, through the licensing process, that they are competent in the general construction trades or practices in which they are engaged. 14.48.020 PRINCIPLES OF INTERPRETATION. In the case of conflicting or ambiguous provisions in this Chapter, the interpretation taken shall be the more restrictive one, or the one that otherwise best protects the public health and safety in the discretion of the Chief Building Official. 1 14.48.030 DEFINITIONS. The following definitions shall apply in the interpretation of this Chapter. Words not defined shall be given their ordinary meaning, or their accepted technical meaning as appropriate. A. Building Contractor. A person who for compensation directs, supervises, or undertakes any work pursuant to a Town building or sign co -de permit, with the exception of the following: 1. A person whose sole function in the work is to perform labor under the supervision or direction of a building contractor. 2. A person performing repair or maintenance work on property owned by that person. 3. A person who acts as the contractor for the construction of a new single family residential dwelling on that person's own property. 4. An employee performing repair or maintenance work on the employer's own property. B. Board of Appeals (BOA). The appellate board appointed by the Town Board to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official pursuant to the International Building Code as amended and adopted by the Town of Estes Park. C. Chief Building Official (CBO). The head of the Town of Estes Park Building Division or his/her designee. D. Person. Any individual, corporation, limited liability company, partnership, association, or other legal entity. E. Repair or Maintenance Work. Minor work to repair or maintain structures including but not limited to interior decorating and minor exterior maintenance (painting, window covering installation, drywall patching, masonry repair, and the like); the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles; the replacement of any minor part of a portable gas heating appliance that does not alter approval of equipment or make such equipment unsafe; the stopping of leaks in drains, water, soil, waste or vent pipes (but not the removal and replacement of any concealed trap, drain pipe, water, soil, waste or vent pipe); the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and installation of water closets (provided such work does not involve the replacement or rearrangement of valves, pipes or fixtures); and emergency equipment replacement and repairs (for which any required building permit is applied for within the next business day). 2 Repair or maintenance work does not include the cutting away of any wall, partition or portion thereof; the removal or cutting of any structural beam or load -bearing support; the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; the addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring, or mechanical or other work affecting public health or safety; or any other work requiring a Town building permit. 14.48.040 BUILDING CONTRACTOR LICENSING REQUIREMENT. Any person who engages in the business of being a building contractor in the Town of Estes Park must, prior to engaging in such business, obtain a building contractor's license from the '1: wti- Clerk CCh;icl E3ui]cin Official as required in this Chapter. 14.48.050 ADMINISTRATION OF LICENSING REQUIREMENT. The Chief Building Official shall be the Town official responsible for administering the provisions of this Chapter. Appeals of the Chief Building Official's decisions may be made to the Board of Appeals as further provided in Section 14.48.140. 14.48.060 TYPES OF LICENSES. The following types of building contractor licenses are established, and must be obtained as specified below: A. Class A Contractors License. This license entitles the holder to engage in the construction, alteration, tenant finish or repair of any type of structure permitted by the International Building Code or the International Residential Code. B. Class B Contractors License. This license entitles the holder to engage in the construction, alteration, tenant finish or repair of commercial buildings and single- or multi -dwelling buildings not exceeding three stories in height as permitted by the International Building Code or the International Residential Code. C. Class C Contractors License. This license entitles the holder to engage in the construction, alteration, or repair of one- and two-family dwellings and accessory buildings as permitted by the International Building Code or the International Residential Code. D. Gas Piping Contractors License. This license entitles the holder to perform any gas piping work as permitted by the International Fuel Gas Code or the International Residential Code. E. Jobbers Contractors License. This license entitles the holder to provide non-structural remodels on commercial and residential structures with a total value of not more than five thousand dollars as permitted by the International Building Code or the International Residential Code. 3 F. Mechanical Contractors License. This license entitles the holder to perform any work in the heating, ventilation, and air-conditioning fields as permitted by the International Mechanical Code, International Fuel Gas Code or the International Residential Code. G. Special Contractors License. This license entitles the holder to perform work in one or more specialized trades such as: barns, carports, decks, detached garages, fences, fireplaces, gazebos, greenhouses, masonry veneer, patio covers, patio enclosures, porches, porch enclosures, radon mitigation, re -roofing, re -siding, sheds, signs, solar panel systems, spas, sunrooms, swimming pools, wind generators, window replacement and wood stoves as permitted by the International Building Code,the International Existing Building_Code or the International Residential Code. 14.48.070 CONDITIONS FOR ISSUANCE OF A LICENSE. The Chief Building Official shall approve a Building ers Contractor in License for any person who satisfies all ---cif the following criteria as applicable: A. Possess a valid Town Business License. B. Demonstrates that the person has a valid and current license issued by another county or municipality that was obtained by receiving a passing grade on a nationally recognized examination promulgated by the International Code Council commonly used and accepted by the industry; or achieves a passing grade on the applicable International Code council (ICC) exam related to the particular license type being applied for or its nationally recognized equivalent as determined and approved by the Chief Building Official as follows: 1. Class A Contractors License ICC Exam: Standard General Building Contractor (A) 2. Class B Contractors License ICC Exam: Standard Building Contractor (B) 3. Class C Contractors License ICC Exam: Standard Building Contractor (C) 4. Gas Piping License ICC Exam: Master Gas Pipe Fitter 5. Mechanical License ICC Exam: Commercial or Residential Mechanical C. In lieu of an exam, Jobbers or Special Contractors must provide proof of three (3) successfully completed projects in their specialized field or show proof of two (2) years full-time equivalent experience working for a contractor in each specialized field. The Chief Building Official shall make the final determination based on the application. D. For persons seeking a Class A, B, or C Contractors License, provides proof of three (3) successfully completed projects or show proof of two (2) years experience in their contractor's field. 4 E. In lieu of an exam and/or proof of experience, the following persons shall provide copies of their current State of Colorado license or certification. A person required to be licensed by the State of Colorado who is performing work within the scope of their license, such as: Electricians pursuant to Article 23, Title 12, C.R.S. Plumbers pursuant to Article 58, Title 12, C.R.S. Elevator and Conveyance Installers pursuant to Article 5.5 Title 9, C.R.S. Manufactured Home Installers pursuant to 24-32-3301 et sec C.R.S. F. In lieu of having a valid and current license issued by another county or municipality or achieving a passing grade on the applicable International Code Council examination provided in sub -paragraph B. and the completed projects requirements of sub -paragraph D., a person may provide to the Chief Building Official evidence that the person has applied for a minimum of ten (10) building permits in Colorado in local jurisdictions equivalent to Larimer County or the Town. The ten (10) building permits shall be related to the type of license applied for by the person. The person shall have completed 80% of the projects for those building permits. For example, if a person had applied for ten (10) permits and eight (8) or more of the building permits have received final inspection approval, the person has an 80% successful completion rate. For the purposes of this sub -paragraph F., the Chief Building Official ins-peeto r shall have the sole discretion on the determination of whether or not a person has met the requirements of this sub -section. G. Meets the requirements for processing of licenses in Section 14.48.080. 14.48.080 PROCESS FOR ISSUANCE OF LICENSE. The following procedural requirements shall apply to the issuance of licenses under this Chapter: A. Contractors must submit a complete license application to the Chief Building Official on the form provided by the '1=*-w-n Clerk Chief Buildirisz, Offic�al including all required supporting documentation. B. Within seven (7) business days after a complete application for a license is submitted, the Chief Building Official shall approve a license, a provisional license, or a written statement of license denial. Inadvertent failure of the Chief Building Official to act within seven (7) business days shall not entitle the applicant to engage in building contracting work in the Town. The Chief Building Official shall approve a license if the Chief Building Official determines, based on the submitted complete application, that the conditions for license issuance have been met. 2. The Chief Building Official shall approve a provisional license if the Building Official determines that the submitted complete application indicates that the conditions for licensing appear to have been met but the Chief Building Official needs additional information to verify this indication. If a provisional license is issued, the Chief Building Official shall, after verifying the conditions for licensing have been met, approve a license. The Chief Building Official shall have 45 calendar days after issuance of a provisional license to approve a license or a written statement of license denial. Inadvertent failure of the Chief Building Official to approve a license within this 45-calendar-day period shall not preclude an 5 applicant who has otherwise satisfied the requirements for obtaining a license from engaging in the business of being a building contractor and applying for or working under a Town building or sign permit, provided that the Chief Building Official subsequently approves the submitted application and a license is issued. 3. The Chief Building Official shall issue a written statement of license denial if the Chief Building Official determines that any of the conditions for license issuance have not been met. The statement of license denial shall specify the reason for denial. 4. Any issued license or provisional license may contain terms or conditions which the Chief Building Official deems necessary to carry out the purposes of this Chapter. 14.48.090 LICENSE TERM AND EXPIRATION/REAPPLICATION. License approvals shall be effective for one (1) calendar year after their date of issuance. Licenses shall expire at the end of this term. Contractors holding licenses may apply for a new license within three (3) calendar months prior to the expiration of their existing license. Contractors holding a valid Town license who apply for a new license must not have any unresolved building code violations older than 30 days. 14.48.100 LICENSE RENEWAL UPDATED CODES. If the Town has adopted updated International Building Codes, a Building Contractor applying for renewal of its license shall provide to the Chief Building Official evidence that the Building Contractor has kept updated on the newly adopted International Codes by attending classes on the updated codes or has taken an abbreviated exam on the updated codes. The Chief Building Official shall maintain a list of classes or abbreviated exams which are acceptable to meet the requirements of this section. 14.48.110 LICENSE FEES. Administrative fees for issuing a license under this Chapter shall be established by Resolution of the Board of Trustees. 14.48.120 VIOLATIONS. It shall be a violation of this Chapter for any Building Contractor to: A. Provide any materially false, misleading, or incomplete information on a license application. B. Fail to obtain a required building or sign permit or to follow any other applicable requirements of the Town of Estes Park Building Codes or Sign Code, as amended. C. Perform work outside the scope of an issued license, transfer a license to a person other than the licensee, or employ unlicensed persons in work under a Town building or sign code permit who are required to be licensed under this Chapter. D. Fail to resolve any outstanding (older than 30 calendar days) Town of Estes Park Building Codes or Sign Code violations. E. Engage in conduct or activities which cause adverse action to be taken under a license issued by another jurisdiction which in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Code or Sign Code indicates that the licensee lacks the basic competence to perform the work for which the license has been issued. 6 F. Otherwise violate this Chapter or engage in activities or conduct which, in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Codes or Sign Code, indicates that the Contractor lacks the basic competence to perform the work for which the license has been issued. G. Failure to pay the difference in the building permit fee when the original building or sign valuation is below the actual building construction cost. 14.48.130 ENFORCEMENT. A. The following actions may be taken for violation of this Chapter: The Chief Building Official may give a written warning to the building contractor. 2. The Chief Building Official may revoke the Building Contractor's license. 3. The Chief Building Official may stop/suspend work under an issued building or sign permit; may stop -work on a project that required but does not have an issued building or sign permit; may refuse to issue a certificate of occupancy or perform a final inspection under an issued building or sign permit; or may revoke an issued building or sign permit. 4. The Chief Building Official may pursue any other remedy allowed in law or equity. B. Process for enforcement: Prior to taking any of the actions specified in Section 14.48.130, Subsection 2,3,& 4, the Chief Building Official shall serve a notice of violation by delivering the notice personally to the Building Contractor or by mailing the notice via certified mail, return receipt requested to the Building Contractor's address of record on the application. The notice shall specify the nature of the violation in reasonable detail. 2. The Building Contractor shall have ten (10) calendar days after the date on which the notice is delivered or deposited in the mail to cure the violation or to request a meeting with the Chief Building Official. 3. If the Building Contractor makes a timely request for a meeting with the Chief Building Official, the Chief Building Official shall notify the Building Contractor of the date, time, and place of the meeting. The meeting shall occur no later than seven47} btusi-ness ten (1Q) ca;lcndar days after receipt of the meeting request. 4. Upon completion of the meeting, the Chief Building Official shall take all information presented under advisement and shall notify the Building Contractor in writing within sever (7)--bus-i-nxs ten(10) calendar days after the meeting of the Chief Building Official's findings and decision. 7 5. The decision of the Chief Building Official may be appealed to the Board of Appeals pursuant to Section 14.48.140. C. Emergency Enforcement: If the Chief Building Official has cause to believe public health and safety will be endangered as a result of an apparent violation of this Chapter, the Chief Building Official may enter an order for immediate suspension of a Building Contractor's license and may impose a stop -work order against the affected property pending a hearing before the Board of Appeals. The Chief Building Official shall notify the Building Contractor of the immediate suspension of his/her license, the stop -work order, the nature of the violation and the date, time and place of the hearing before the Board of Appeals. The notice shall be served by personally delivering the notice to the Building Contractor, by posting the notice at a prominent location on a property which has been issued an active building or sign permit on which the Building Contractor is known to be working, or by transmitting the notice to the Contractor by first class mail at the Building Contractor's address of record on the application. The Chief Building Official shall post the stop -work order at a prominent location on the affected property and shall also transmit a copy of the stop -work order, including the reasons for the order, to the affected building or sign permit holder and property owner (if other than the Building Contractor) by personal delivery or by first-class mail at the address on record with the Chief Building Official. 14.48.140 APPEALS FROM DECISION OF THE CHIEF BUILDING OFFICIAL. A. Appeals to the Board of Appeals may be made by any person aggrieved by the following final decisions made by the Chief Building Official in the course of administering this Chapter: 1. Denial of a license application. 2. Suspension of revocation of a license. 3. Issuance of a stop-work/suspension order or revocation of a building or sign permit. 4. Written determination that a person is a building contractor required to obtain a license or a certain class of license under this Chapter. B. Appeals to the Board of Appeals must be in writing addressed to the Chief Building Official, must state in reasonable detail the basis for the appeal and must be received by the Chief Building Official no later than I4 twenty,(20) calendar days after the date of the decision being appealed. i the ...._et ic,ial dee4sio --being-...appea-le*i....was-sent.....y......r-egtflar- 1 ;S......inail......three...__( ) ac 4iti&oral days 4ha 1 be add tl e t4-day appc� �l deitrlli3� C. Upon receipt of a complete and timely appeal the Chief Building Official shall schedule a hearing. The hearing shall be held no earlier than 15 calendar days and no later than 45 calendar days after receipt of the appeal, or as soon as possible thereafter given the availability of the Board of Appeals members for the appeal hearing. For hearings pursuant to Section 14.48.130, the hearing date shall be set based on the date of the notice. 8 D. The Chief Building Official shall make a written statement to the Board of Appeals on each appeal request. The Chief Building Official shall make this statement available to the appellant at least seven (7) calendar days prior to the hearing. E. The Board of Appeals shall conduct appeal hearings according to the rules of procedures set forth in their By -Laws as they may be amended from time to time. F. The Board of Appeals shall keep a written and recorded record of its hearing, and shall issue a decision on the appeal which the Chief Building Official shall provide to the appellant in writing no more than 14 calendar days after the hearing. The Board of Appeals' decision shall be final unless otherwise stated. G. The provisions for Board of Appeals under this Section 14.48.140 shall supplement the Board of Appeals authority under the Town of Estes Park Building Code and the Board of Appeals adopted procedural rules as they may be amended from time to time. 14.48.150 REAPPLICATION FOR DENIED OR REVOKED LICENSE. If a license is denied or revoked under this Chapter, the applicant may reapply for a license, but not sooner than 90 calendar days after the final decision of the Chief Building Official or the Board of Appeals, as applicable. 9 Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN or, E STES PART( From: Bob Joseph, Community Development Director Date: November 23, 2010 RE: Building Contractor Licensing Report: The Town currently licenses all contractors and subcontractors working inside the city limits. The issuance of the license is not based on any testing or qualifications. Larimer County recently enacted a new qualifications -based contractor licensing program. This approach is common in many Colorado jurisdictions. At this time we are using the Larimer County program as a template for a transition to a qualifications -based Town license. It should be emphasized that the Town would accept testing -based, and experienced -based, qualifications from Larimer County or any other Colorado jurisdiction that adheres to the same locally adopted standards, so there would be no redundant testing process. Larimer County has recently adopted an experience qualification in lieu of testing and the proposed draft of the Town ordinance now contains a similar provision. Staff has produced a draft revision to incorporate an approach that would be very similar to the existing Larimer County regulation. Budget: The Town already collects a fee for the issuance of a Town license and this fee should not be increased, so there would be no budget impact. Committee Recommendation: The Community Development and Community Services Committee recommends this ordinance to become effective at the start of 2011. This start date will simplify implementation and administration of this new process. Sample Motion: I move to approve/deny ORDINANCE #26-10 BUILDING CONTRACTOR LICENSING. Page 1 Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN oi ESTES PARI From: Bob Joseph, Community Development Director Date: November 23, 2010 RE: Building Contractor Licensing Report: The Town currently licenses all contractors and subcontractors working inside the city limits. The issuance of the license is not based on any testing or qualifications. Larimer County recently enacted a new qualifications -based contractor licensing program. This approach is common in many Colorado jurisdictions. At this time we are using the Larimer County program as a template for a transition to a qualifications -based Town license. It should be emphasized that the Town would accept testing -based, and experienced -based, qualifications from Larimer County or any other Colorado jurisdiction that adheres to the same locally adopted standards, so there would be no redundant testing process. Larimer County has recently adopted an experience qualification in lieu of testing and the proposed draft of the Town ordinance now contains a similar provision. Staff has produced a draft revision to incorporate an approach that would be very similar to the existing Larimer County regulation. Bud et: The Town already collects a fee for the issuance of a Town license and this fee should not be increased, so there would be no budget impact. Committee Recommendation: The Community Development and Community Services Committee recommends this ordinance to become effective at the start of 2011. This start date will simplify implementation and administration of this new process. Sample Motion: I move to approve/deny ORDINANCE #26-10 BUILDING CONTRACTOR LICENSING. Page 1 November 23, 2010 To the Members of the Town Board of Estes Park, Colorado Greetings: We cordially invite your consideration of the following: Habitat for Humanity was the 8th largest homebuilder in America on the "Builder 100" List in 2009 --- making us among the top 10 home builders in the country! We built 5,200 new homes in the United States in 2009. As local builders for Habitat for Humanity, we must subscribe to the stringent tenets and standards of Habitat for Humanity as well as all Town of Estes Park/Larimer County standards and regulations. We just recently completed and delivered one of the most energy -efficient homes ever constructed in Estes Park on Kundtz Lane. This was accomplished in the great tradition of Habitat for Humanity largely with volunteer input and labor. We hope that you will exempt Habitat for Humanity from any constraints that would preclude our ability to continue to serve the community of Estes Park by building work -force homes in this volunteer manner in the future. Respectfully, Joe T. Adair Co -Presidents, Habitat for Humanity Mary Liz Adair Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN N or ESTES PART From: Bob Joseph, Community Development Director Date: November 23, 2010 RE: Building Contractor Licensing Report: The Town currently licenses all contractors and subcontractors working inside the city limits. The issuance of the license is not based on any testing or qualifications. Larimer County recently enacted a new qualifications -based contractor licensing program. This approach is common in many Colorado jurisdictions. At this time we are using the Larimer County program as a template for a transition to a qualifications -based Town license. It should be emphasized that the Town would accept testing -based, and experienced -based, qualifications from Larimer County or any other Colorado jurisdiction that adheres to the same locally adopted standards, so there would be no redundant testing process. Larimer County has recently adopted an experience qualification in lieu of testing and the proposed draft of the Town ordinance now contains a similar provision. Staff has produced a draft revision to incorporate an approach that would be very similar to the existing Larimer County regulation. Budget: The Town already collects a fee for the issuance of a Town license and this fee should not be increased, so there would be no budget impact. Committee Recommendation: The Community Development and Community Services Committee recommends this ordinance to become effective at the start of 2011. This start date will simplify implementation and administration of this new process. Sample Motion: I move to approve/deny ORDINANCE #26-10 BUILDING CONTRACTOR LICENSING. Page 1 Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN Qt, ESTES PART From: Bob Joseph, Community Development Director Date: November 23, 2010 RE: Building Contractor Licensing Report: The Town currently licenses all contractors and subcontractors working inside the city limits. The issuance of the license is not based on any testing or qualifications. Larimer County recently enacted a new qualifications -based contractor licensing program. This approach is common in many Colorado jurisdictions. At this time we are using the Larimer County program as a template for a transition to a qualifications -based Town license. It should be emphasized that the Town would accept testing -based, and experienced -based, qualifications from Larimer County or any other Colorado jurisdiction that adheres to the same locally adopted standards, so there would be no redundant testing process. Larimer County has recently adopted an experience qualification in lieu of testing and the proposed draft of the Town ordinance now contains a similar provision. Staff has produced a draft revision to incorporate an approach that would be very similar to the existing Larimer County regulation. Budget: The Town already collects a fee for the issuance of a Town license and this fee should not be increased, so there would be no budget impact. Committee Recommendation: The Community Development and Community Services Committee recommends this ordinance to become effective at the start of 2011. This start date will simplify implementation and administration of this new process. Sample Motion: I move to approve/deny ORDINANCE #26-10 BUILDING CONTRACTOR LICENSING. Page 1 ESTES PARK MUNICIPAL CODE Chapter 14.48 BUILDING CONTRACTOR LICENSING Chapter 14.48 .010 Purpose .020 Principles of Interpretation .030 Definitions .040 Building Contractor Licensing Requirement .050 Administration of Licensing Requirement .060 Types of Licenses .070 Conditions for Issuance of a License .080 Process for Issuance of License .090 License Term and Expiration/Reapplication .100 License Renewal Updated Codes .110 License Fees .120 Violations .130 Enforcement .140 Appeals from Decisions of the Building Official .150 Reapplication for Denied or Revoked License CHAPTER 14.48 BUILDING CONTRACTORS LICENSING 14.48.010 PURPOSE. The purpose of the building contractor licensing program is to protect the public health, safety, and welfare of the citizens of the Town of Estes Park by requiring that building contractors conducting work under Town -issued building or sign permits demonstrate, through the licensing process, that they are competent in the general construction trades or practices in which they are engaged. 14.48.020 PRINCIPLES OF INTERPRETATION. In the case of conflicting or ambiguous provisions in this Chapter, the interpretation taken shall be the more restrictive one, or the one that otherwise best protects the public health and safety in the discretion of the Chief Building Official. 1 14.48.030 DEFINITIONS. The following definitions shall apply in the interpretation of this Chapter. Words not defined shall be given their ordinary meaning, or their accepted technical meaning as appropriate. A. Building Contractor. A person who for compensation directs, supervises, or undertakes any work pursuant to a Town building or sign code permit, with the exception of the following: 1. A person whose sole function in the work is to perform labor under the supervision or direction of a building contractor. 2. A person performing repair or maintenance work on property owned by that person. 3. A person who acts as the contractor for the construction of a new single family residential dwelling on that person's own property. 4. An employee performing repair or maintenance work on the employer's own property. B. Board of Appeals (BOA). The appellate board appointed by the Town Board to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official pursuant to the International Building Code as amended and adopted by the Town of Estes Park. C. Chief Building Official (CBO). The head of the Town of Estes Park Building Division or his/her designee. D. Person. Any individual, corporation, limited liability company, partnership, association, or other legal entity. E. Repair or Maintenance Work. Minor work to repair or maintain structures including but not limited to interior decorating and minor exterior maintenance (painting, window covering installation, drywall patching, masonry repair, and the like); the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles; the replacement of any minor part of a portable gas heating appliance that does not alter approval of equipment or make such equipment unsafe; the stopping of leaks in drains, water, soil, waste or vent pipes (but not the removal and replacement of any concealed trap, drain pipe, water, soil, waste or vent pipe); the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and installation of water closets (provided such work does not involve the replacement or rearrangement of valves, pipes or fixtures); and emergency equipment replacement and repairs (for which any required building permit is applied for within the next business day). Repair or maintenance work does not include the cutting away of any wall, partition or portion thereof; the removal or cutting of any structural beam or load -bearing support; the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; the addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electrical wiring, or mechanical or other work affecting public health or safety; or any other work requiring a Town building permit. 14.48.040 BUILDING CONTRACTOR LICENSING REQUIREMENT. Any person who engages in the business of being a building contractor in the Town of Estes Park must, prior to engaging in such business, obtain a building contractor's license from the TOWil ClerkChief Building 0 fr. i4t1._as required in this Chapter. 14.48.050 ADMINISTRATION OF LICENSING REQUIREMENT. The Chief Building Official shall be the Town official responsible for administering the provisions of this Chapter. Appeals of the Chief Building Official's decisions may be made to the Board of Appeals as further provided in Section 14.48.140. 14.48.060 TYPES OF LICENSES. The following types of building contractor licenses are established, and must be obtained as specified below: A. Class A Contractors License. This license entitles the holder to engage in the construction, alteration, tenant finish or repair of any type of structure permitted by the International Building Code or the International Residential Code. B. Class B Contractors License. This license entitles the holder to engage in the construction, alteration, tenant finish or repair of commercial buildings and single- or multi -dwelling buildings not exceeding three stories in height as permitted by the International Building Code or the International Residential Code. C. Class C Contractors License. This license entitles the holder to engage in the construction, alteration, or repair of one- and two-family dwellings and accessory buildings as permitted by the International Building Code or the International Residential Code. D. Gas Piping Contractors License. This license entitles the holder to perform any gas piping work as permitted by the International Fuel Gas Code or the International Residential Code. E. Jobbers Contractors License. This license entitles the holder to provide non-structural remodels on commercial and residential structures with a total value of not more than five thousand dollars as permitted by the International Building Code or the International Residential Code. 3 F. Mechanical Contractors License. This license entitles the holder to perform any work in the heating, ventilation, and air-conditioning fields as permitted by the International Mechanical Code, International Fuel Gas Code or the International Residential Code. G. Special Contractors License. This license entitles the holder to perform work in one or more specialized trades such as: barns, carports, decks, detached garages, fences, fireplaces, gazebos, greenhouses, masonry veneer, patio covers, patio enclosures, porches, porch enclosures, radon mitigation, re -roofing, re -siding, sheds, signs, solar panel systems, spas, sunrooms, swimming pools, wind generators, window replacement and wood stoves as permitted by the International Building Code, the International 1 xisting Building Code or the International Residential Code. 14.48.070 CONDITIONS FOR ISSUANCE OF A LICENSE. The Chief Building Official shall approve a Building Ears Contractor ing License for any person who satisfies all o4 the following criteria asapplicablc: A. Possess a valid Town Business License. B. Demonstrates that the person has a valid and current license issued by another county or municipality that was obtained by receiving a passing grade on a nationally recognized examination promulgated by the International Code Council commonly used and accepted by the industry; or achieves a passing grade on the applicable International Code council (ICC) exam related to the particular license type being applied for or its nationally recognized equivalent as determined and approved by the Chief Building Official as follows: 1. Class A Contractors License ICC Exam: Standard General Building Contractor (A) 2. Class B Contractors License ICC Exam: Standard Building Contractor (B) 3. Class C Contractors License ICC Exam: Standard Building Contractor (C) 4. Gas Piping License ICC Exam: Master Gas Pipe Fitter 5. Mechanical License ICC Exam: Commercial or Residential Mechanical C. In lieu of an exam, Jobbers or Special Contractors must provide proof of three (3) successfully completed projects in their specialized field or show proof of two (2) years full-time equivalent experience working for a contractor in each specialized field. The Chief Building Official shall make the final determination based on the application. D. For persons seeking a Class A, B, or C Contractors License, provides proof of three (3) successfully completed projects or show proof of two (2) years experience in their contractor's field. 4 E. In lieu of an exam and/or proof of experience, the following persons shall provide copies of their current State of Colorado license or certification. A person required to be licensed by the State of Colorado who is performing work within the scope of their license, such as: Electricians pursuant to Article 23, Title 12, C.R.S. Plumbers pursuant to Article 58, Title 12, C.R.S. Elevator and Conveyance Installers pursuant to Article 5.5 Title 9, C.R.S. Manufactured Home Installers pursuant to 24-32-3301 et sec C.R.S. F. In lieu of having a valid and current license issued by another county or municipality or achieving a passing grade on the applicable International Code Council examination provided in sub -paragraph B. and the completed projects requirements of sub -paragraph D., a person may provide to the Chief Building Official evidence that the person has applied for a minimum of ten (10) building permits in Colorado in local jurisdictions equivalent to Larimer County or the Town. The ten (10) building permits shall be related to the type of license applied for by the person. The person shall have completed 80% of the projects for those building permits. For example, if a person had applied for ten (10) permits and eight (8) or more of the building permits have received final inspection approval, the person has an 80% successful completion rate. For the purposes of this sub -paragraph F., the Chief Building Official fnspectfw shall have the sole discretion on the determination of whether or not a person has met the requirements of this sub -section. G. Meets the requirements for processing of licenses in Section 14.48.080. 14.48.080 PROCESS FOR ISSUANCE OF LICENSE. The following procedural requirements shall apply to the issuance of licenses under this Chapter: A. Contractors must submit a complete license application to the Chief Building Official on the form provided by the r1= awn- 'lcrk Chief Building Official including all required supporting documentation. B. Within seven (7) business days after a complete application for a license is submitted, the Chief Building Official shall approve a license, a previsional license, or a written statement of license denial. Inadvertent failure of the Chief Building Official to act within seven (7) business days shall not entitle the applicant to engage in building contracting work in the Town. 1. The Chief Building Official shall approve a license if the Chief Building Official determines, based on the submitted complete application, that the conditions for license issuance have been met. 2. The Chief Building Official shall approve a provisional license if the Building Official determines that the submitted complete application indicates that the conditions for licensing appear to have been met but the Chief Building Official needs additional information to verify this indication. If a provisional license is issued, the Chief Building Official shall, after verifying the conditions for licensing have been met, approve a license. The Chief Building Official shall have 45 calendar days after issuance of a provisional license to approve a license or a written statement of license denial. Inadvertent failure of the Chief Building Official to approve a license within this 45-calendar-day period shall not preclude an applicant who has otherwise satisfied the requirements for obtaining a license from engaging in the business of being a building contractor and applying for or working under a Town building or sign permit, provided that the Chief Building Official subsequently approves the submitted application and a license is issued. 3. The Chief Building Official shall issue a written statement of license denial if the Chief Building Official determines that any of the conditions for license issuance have not been met. The statement of license denial shall specify the reason for denial. 4. Any issued license or provisional license may contain terms or conditions which the Chief Building Official deems necessary to carry out the purposes of this Chapter. 14.48.090 LICENSE TERM AND EXPIRATION/REAPPLICATION. License approvals shall be effective for one (1) calendar year after their date of issuance. Licenses shall expire at the end of this term. Contractors holding licenses may apply for a new license within three (3) calendar months prior to the expiration of their existing license. Contractors holding a valid Town license who apply for a new license must not have any unresolved building code violations older than 30 days. 14.48.100 LICENSE RENEWAL UPDATED CODES. If the Town has adopted updated International Building Codes, a Building Contractor applying for renewal of its license shall provide to the Chief Building Official evidence that the Building Contractor has kept updated on the newly adopted International Codes by attending classes on the updated codes or has taken an abbreviated exam on the updated codes. The Chief Building Official shall maintain a list of classes or abbreviated exams which are acceptable to meet the requirements of this section. 14.48.110 LICENSE FEES. Administrative fees for issuing a license under this Chapter shall be established by Resolution of the Board of Trustees. 14.48.120 VIOLATIONS. It shall be a violation of this Chapter for any Building Contractor to: A. Provide any materially false, misleading, or incomplete information on a license application. B. Fail to obtain a required building or sign permit or to follow any other applicable requirements of the Town of Estes Park Building Codes or Sign Code, as amended. C. Perform work outside the scope of an issued license, transfer a license to a person other than the licensee, or employ unlicensed persons in work under a Town building or sign code permit who are required to be licensed under this Chapter. D. Fail to resolve any outstanding (older than 30 calendar days) Town of Estes Park Building Codes or Sign Code violations. E. Engage in conduct or activities which cause adverse action to be taken under a license issued by another jurisdiction which in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Code or Sign Code indicates that the licensee lacks the basic competence to perform the work for which the license has been issued. 6 F. Otherwise violate this Chapter or engage in activities or conduct which, in the sound discretion of the Chief Building Official exercised in light of the requirements of the Town of Estes Park Building Codes or Sign Code, indicates that the Contractor lacks the basic competence to perform the work for which the license has been issued. G. Failure to pay the difference in the building permit fee when the original building or sign valuation is below the actual building construction cost. 14.48.130 ENFORCEMENT. A. The following actions may be taken for violation of this Chapter: 1. The Chief Building Official may give a written warning to the building contractor. 2. The Chief Building Official may revoke the Building Contractor's license. 3. The Chief Building Official may stop/suspend work under an issued building or sign permit; may stop -work on a project that required but does not have an issued building or sign permit; may refuse to issue a certificate of occupancy or perform a final inspection under an issued building or sign permit; or may revoke an issued building or sign permit. 4. The Chief Building Official may pursue any other remedy allowed in law or equity. B. Process for enforcement: 1. Prior to taking any of the actions specified in Section 14.48.130, Subsection 2,3,& 4, the Chief Building Official shall serve a notice of violation by delivering the notice personally to the Building Contractor or by mailing the notice via certified mail, return receipt requested to the Building Contractor's address of record on the application. The notice shall specify the nature of the violation in reasonable detail. 2. The Building Contractor shall have ten (10) calendar days after the date on which the notice is delivered or deposited in the mail to cure the violation or to request a meeting with the Chief Building Official. 3. If the Building Contractor makes a timely request for a meeting with the Chief Building Official, the Chief Building Official shall notify the Building Contractor of the date, time, and place of the meeting. The meeting shall occur no later than seven -(7)-business ten [1 O) calendar days after receipt of the meeting request. 4. Upon completion of the meeting, the Chief Building Official shall take all information presented under advisement and shall notify the Building Contractor in writing within seven (7-).husm ss tc»,,_(,l. 0) calendar days after the meeting of the Chief Building Official's findings and decision. 7 5. The decision of the Chief Building Official may be appealed to the Board of Appeals pursuant to Section 14.48.140. C. Emergency Enforcement: If the Chief Building Official has cause to believe public health and safety will be endangered as a result of an apparent violation of this Chapter, the Chief Building Official may enter an order for immediate suspension of a Building Contractor's license and may impose a stop -work order against the affected property pending a hearing before the Board of Appeals. The Chief Building Official shall notify the Building Contractor of the immediate suspension of his/her license, the stop -work order, the nature of the violation and the date, time and place of the hearing before the Board of Appeals. The notice shall be served by personally delivering the notice to the Building Contractor, by posting the notice at a prominent location on a property which has been issued an active building or sign permit on which the Building Contractor is known to be working, or by transmitting the notice to the Contractor by first class mail at the I uilding Contractor's address of record on the application. The Chief Building Official shall post the stop -work order at a prominent location on the affected property and shall also transmit a copy of the stop -work order, including the reasons for the order, to the affected building or sign permit holder and property owner (if other than the Building Contractor) by personal delivery or by first-class mail at the address on record with the Chief Building Official. 14.48.140 APPEALS FROM DECISION OF THE CHIEF BUILDING OFFICIAL. A. Appeals to the Board of Appeals may be made by any person aggrieved by the following final decisions made by the Chief Building Official in the course of administering this Chapter: 1. Denial of a license application. 2. Suspension of revocation of a license. 3. Issuance of a stop-work/suspension order or revocation of a building or sign permit. 4. Written determination that a person is a building contractor required to obtain a license or a certain class of license under this Chapter. B. Appeals to the Board of Appeals must be in writing addressed to the Chief Building Official, must state in reasonable detail the basis for the appeal and must be received by the Chief Building Official no later than -14 twenty(201 calendar days after the date of the decision being appealed. F1-4he_eftki-at----E:eeis-ifrt-_lie;ink..appealed—w-as---set._..:t)y.._-°eg►lttr•4J-S..... tail three- (-3). additi€nia1 days- shall be ad etiI- tFj the ley "clay ail Beal eter�fl➢i��e. C. Upon receipt of a complete and timely appeal the Chief Building Official shall schedule a hearing. The hearing shall be held no earlier than 15 calendar days and no later than 45 calendar days after receipt of the appeal, or as soon as possible thereafter given the availability of the Board of Appeals members for the appeal hearing. For hearings pursuant to Section 14.48.130, the hearing date shall be set based on the date of the notice. D. The Chief Building Official shall make a written statement to the Board of Appeals on each appeal request. The Chief Building Official shall make this statement available to the appellant at least seven (7) calendar days prior to the hearing. E. The Board of Appeals shall conduct appeal hearings according to the rules of procedures set forth in their By -Laws as they may be amended from time to time. F. The Board of Appeals shall keep a written and recorded record of its hearing, and shall issue a decision on the appeal which the Chief Building Official shall provide to the appellant in writing no more than 14 calendar days after the hearing. The Board of Appeals' decision shall be final unless otherwise stated. G. The provisions for Board of Appeals under this Section 14.48.140 shall supplement the Board of Appeals authority under the Town of Estes Park Building Code and the Board of Appeals adopted procedural rules as they may be amended from time to time. 14.48.150 REAPPLICATION FOR DENIED OR REVOKED LICENSE. If a license is denied or revoked under this Chapter, the applicant may reapply for a license, but not sooner than 90 calendar days after the final decision of the Chief Building Official or the Board of Appeals, as applicable. 9