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Home My WebLink AboutPACKET Town Board 1994-01-25BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 25, 1994 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated January 11, 1994. 2. Bills. 3. Committee Minutes: A. Administrative, January 13, 1994. B. Public Safety, January 20, 1994. C. Planning Commission, January 18, 1994 (acknowledgement only). ACTION ITEMS: 1. Administrative Committee, January 13, 1994: A. Business License - Recommendation that there be no changes nor exemption for Day-Care Providers for 1994. 2. Planning Commission, January 18, 1994: A. Public Hearing - Special Review #93-7 for Lot 1, Valley Vista Addition, Nicholas Stanitz/Applicant. B. Public Hearing - Kenofer Annexation 1. Resolution - Area Eligible for Annexation. 2. Ordinance - Approving Annexation of Kenofer Addition. 3. Ordinance - Zoning E-Estate. C. Intergovernmental Agreement with Larimer County concerning Comprehensive Planning - Approval. 3. Affordable Housing Information System Request for $2,000 Funding - Continued from December 14, 1993. 4. Resolution - Reappropriate 1993 Encumbered runds to the 1994 Budget. 5. Estes Valley Public Library District Appointments - Correct Term of Office for John Adams and Dennis McHenry - From 5-Year to 4-Year Term, expiring December 31, 1997. 6. Town Administrator's Report. 7. Motion to enter Executive Session to consult with the Town Attorney concerning land negotiations. 1 Town of Estes Park, Larimer county, colorado, . qanuary. 1.1 . . ., 19. ?4. Minutes of a . Regular. . . meeting of the Board of Trueteee of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . URh. . day of .... .JM}Uary., A.D., 19. 91 at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor .... H. B. Dannels Present: Mayor Trustees: George J. Hix, Mayor ProTem, Gary R. Brown, Robert L. Dekker, Susan L. Doylen, Stephen W. Gillette, Also Present: Gary F. Klaphake, David Habecker Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: Absent: None Mayor Dannels called the meeting to order at 7:32 P.M. and introduced Ralph and Polly Gunn who presented the premiere showing of "Remember the Children". The 15-minute documentary focused on the Childrens Center and Kreative Kids. Mayor Dannels acknowledged the School Board's attendance and commended Ms. Gunn for her significant involvement in the Center. Administrator Klaphake advised that when a video is completed, a copy will be submitted to the Division of Local Government (grant agency). In addition, this project may be submitted to CML for their Innovative Award Program. PUBLIC INPUT. Al Sager commented on the Light & Power 1/1/94 deadline whereby residential customers with electric space heat using over 20,000 kWh/yr. will no longer be provided the Residential Rate. The letter identified four options. Mr. Sager reported he had installed a demand controller and questioned how many demand controllers and thermal storage electric heaters have been ordered/installed in Town buildings. In light of the recent computer conversion and hand-held metering equipment, Mr. Sager took exception to and questioned the Town's philosophy in suggesting customers convert to natural gas. Administrator Klaphake reported that the Town has realized enormous cost-savings due to reducing peak loading, and that Mr. Sager's questions will be addressed during the February loth Light & Power Committee meeting. Louis O'Riordan suggested the Childrens Center obtain copies of the "Remember the Children" slide presentation and sell them to assist in raising funds. In addition, Mr. O'Riordan addressed businesses outside Town limits benefiting from the Town's advertising efforts while they are not required to pay a business license fee, and repeal of the local food tax on groceries. Odd Lyngholm stated that with or without their consent, businesses inside Town limits collect the 4% local sales tax for the Town, and, if the business is a member of the Chamber the business receives referrals. A business located outside Town limits could be a Chamber member, receive referrals and is not subject to the collection of local sales tax or the fee for a business license. Those outside Town limits should pay their fair share, perhaps equal to 4% of their gross which would allow all businesses to "be on a level playing field." Mr. Lyngholm was advised the Town has no jurisdiction outside the Town limits. Richard Matzke, Light & Power Director verified on-peak and off- Board of Trustees - January 11, 1994 - Page 2 peak residential rates. ' CONSENT CALENDAR: 1. Town Board minutes dated December 14, 1993. 2. Bills. 3. Committee Minutes: A. Community Development, January 6, 1994. B. Light & Power, January 6, 1994. C. Planning Commission, December 21, 1993 (acknowledgement only). 4. Amended Plat of Lots 18, 22 and 30, Grand Estates Subdivision - Corrects change of ownership and identifies a vacated street. Due to a potential conflict of interest for Trustee Habecker, Item 04 was voted upon separately. It was moved and seconded (Gillette/Doylen) Items 1-3 be approved, and it passed unanimously. It was moved and seconded (Gillette/Hix) Item 4 be approved, and it I passed unanimously, with Trustee Habecker Abstaining. ACTION ITEMS: 1. Community Development Committee, January 6, 1994: A. Chamber of Commerce Operating Agreement - Approval. Community Development Director Stamey reported that the Agreement is for the 1994 Fulfillment Program and the specific rate/item as thoroughly discussed in Committee was outlined. The Town will compensate the Chamber for exact amounts--there is no guarantee. The newly- completed 1994 Visitors Guide was also presented. It was moved and seconded (Dekker/Hix) the 1994 Chamber of Commerce Operating Agreement be approved, and it passed unanimously. B. 1993 Conversion Study - Presentation. This item was continued to February 8, 1994. C. G.I.S. Parcel Mapping Protect - Approval of Expenditure. Following a complete demonstration by DSW, the Committee recommended approval of the project and expenditure in the amount of $5,000 (cost-share of $2,500/ea. with Larimer County and RMNP for total project cost of $10,000). Administrator Klaphake outlined the meeting held with affected staff, reporting staff unanimously recommended approval of the expenditure. Director Stamey adVised a user fee sdhedule has- nbt-yet beeh-defined. It - - - - was moved and seconded (Dekker/Hix) the G.I.S. Parcel Mapping Project and $5,000 funding request be approved, with funding to be provided from the 1993 Carry-Over Funds (Reserve), and it passed unanimously. 2. Planning Commission: A. Amended Plat of Lots 1 & 2. Block 3. Fall River Estates. Doug & Linda Cook/Applicant. Mayor Dannels opened the public hearing and Director Stamey reviewed the request ~ to adjust the internal lot line 20' to the north between Lots 1 and 2; there are no additional lots being created. The Planning Commission previously approved a Development Plan for 16 accommodation units, plus a Manager's quarters. As requested by staff, the Applicant has dedicated a 10' access easement for a hike/bike path. All Planning Commission conditions have been met. There Board of Trustees - January 11, 1994 - Page 3 being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Doylen) the Amended Plat of Lots 1 and 2, Block 3, Fall River Estates be approved, and it passed unanimously. B. Final Plat of Lot 26. Block 1. Fall River Estates. D. A. Lienemann/Applicant. Mayor Dannels opened the public ' hearing and Director Stamey reviewed the proposal to subdivide one multi-family lot into five single-family lots, consisting of 5.7 Acres. All Planning Commission conditions have been met, the Improvement Guarantee has been received, a deed of dedication for the outlot and covenants for the private street and access to the lots are required. All Commission conditions have been met. Staff confirmed that the private street could be dedicated to the Town in the future; however, the street will be graded, paved and the widths will meet Town Code. As there was no public testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Dekker) the Final Plat of Lot 26, Block 1, Fall River Estates be approved, and it passed unanimously. C. Final Plat of a Portion of Tract A. Prospect Estates Subdivision. Third Filing. Neil Solomon/Applicant. Trustee Habecker declared a potential conflict of interest and stated he would not participate in discussion or vote. Mayor Dannels opened the public hearing. The subdivision consists of 27 lots; the plat modifies four lots in the second filing, enlarging the lot size to a minimum of 18,000 sq. ft. The proposal includes 3 pairs of lots and the R-S Zone allows zero setbacks if the lots are sold together and constructed as double units. One issue yet to be resolved is traffic circulation/access to Peak View Drive. The issue was first discussed in 1981, and then again in 1990 and 1993. Adjacent residents have expressed concern for the need of an additional access road; however, staff contends that slope and site distance requirements negate construction of an additional road. The emergency access route located in the southeast corner of the site is not a legal access to the subdivision. Although incomplete, the Improvement Guarantee has been received and all Planning Commission conditions have been met. Bill Van Horn, Applicant' s representative, stated that many of the concerns expressed with the additional access are unfounded. The Fire Dept. could currently access the site via the southeast corner. George Hockman, 1625 Prospect Estates Drive, reviewed site history, confirming previous discussions have been held relative to the traffic volume and the number of access roads. The southeast access (utility easement) is not a legal access proven by the locked, chain-link fence. Perhaps the Town could waive its road standards to allow construction of an additional road or require the developer to provide another access road to the north. There being no further testimony, Mayor Dannels declared the public hearing closed. Staff confirmed that the decision requiring an additional road lies with the Town Board and that future development plans in Arapaho Meadows could resolve this issue. Other potential sites for the additional roadway may be located in Larimer County. As the Planning Commission discussed the plat, reviewed available options, found that the additional road may be developed in the future, and recommended approval, it was moved and seconded (Dekker/Brown) the Final Plat of a Portion of Tract A, Prospect Estates Subdivision, Third Filing be approved, and it passed by the following votes: Those voting "Yes" Trustees Brown, Dekker, Doylen, and Board of Trustees - January 11, 1994 - Page 4 Gillette. Those voting "No" Mayor ProTem Hix. Those "Abstaining" Trustee Habecker. D. Special Review #93-7 for Lot 1. Valley Vista Addition. Nicholas Stanitz/Applicant. It was moved and seconded (Hix/Gillette) this Special Review be continued to , January 25, 1994, and it passed unanimously. E. Resolution #1-94 EPURA Estes Park Redevelopment Program (the "Plan'0) Third Amendment. Town Attorney White reviewed the resolution that refers the Plan's Third Amendment to the Planning Commission for a public hearing January 18, 1994 and Town Board February 8, 1994. As negotiations were incomplete, this item was tabled October 12, 1993. It was moved and seconded (Hix/Habecker) Resolution #1-94 be approved, and it passed unanimously. 3. Presentation of Water Rate Ordinance - Approval. Public Works Director Linnane reported that based upon a goal to maintain a reserve of $1.3 Million by 1999, after six years of capital improvements, the Committee recommended approval of the Water Rate Ordinance which increases water rates as follows: 1994 - 5% 1997 - 9% 1995 - 7% 1998 - 5% 1996 - 9% 1999 - 5% The cumulative affect in six years is a 47% increase: 1993 = $15.17/mo. - 1999 = $21.45/mo. John Gallagher/Black & Veatch, presented the Water Rate Study and reviewed the Financial Plan Summary, Cost of Service Summary (4 customer groups: residential, commercial, pumped flow, and bulk water), Comparison of Existing and Proposed Rates from 1994 through 1999, and Typical Monthly Residential Bill based upon the use of 5,000 gallons of water/mo. The rates generate revenue to cover costs, not a profit. Director Linnane reviewed the Denver Water Board rates and found Estes Park to be in line with other municipalities. Mr. Gallagher clarified the Capital Improvements Plan, advising that the Town is now spending $150,000 to replace mains. This amount will increase ever year by $50,000 until 1999 and from that point on the amount will be $400,000. The system currently has 123,000' of steel pipe that is eroding and must be replaced. Louis O'Riordan stated that as commercial users have enhanced "wear ~ and tear" on the system, this group should pay higher rates. Town Attorney White read the ordinance in full. Mayor Dannels acknowledged a letter dated January 4, 1994 from Garrett Ray, 790 Larkspur who questioned the rate for part-time residents. Trustee Habecker responded to the letter, suggesting staff clarify the rate_schedule in writing.to Mr.-Ray,-and moved the- 1 -- -- - - WateÂ¥ Rate Ordinance be approved. The motion was seconded by Trustee Gillette and it passed unanimously. 4. Fire Department 1993 Election of Officers and Annual Report. Fire Dept. Secretary Chrastil requested approval of the following officers for 1994: Jack Rumley .... Chief Edward Ford 1st Assistant Chief Scott Dorman ........... 2nd " Mark Chrastil .......... Secretary/Treasurer It was moved and seconded (Hix/Habecker) the officers, as presented, be approved, and it passed unanimously. Secretary Chrastil reviewed income and expenses for 1993 and Chief Rumley reviewed the Annual Run Report. The Department responded to 191 calls in 1993--70 inside and 121 outside Town Board of Trustees - January 11, 1994 - Page 5 limits. Total dollars lost due to fire were estimated at $625,000 the lowest dollar loss in several years. All fund raisers have been extremely successful and total volunteer i hours for this effort are 1,500. Training hours for 34 full- time members are 2,402 resulting in an average of 71 hours/man. Chief Rumley presented copies of a newsletter article relating to impact fees. Mayor Dannels expressed the community's appreciation to the Fire Department for their excellent performance, and advised discussion on the impact fees may be considered in the future. 5. Appropriation of Funding to the Estes Park Housing Authority. Administrator Klaphake requested the Trustees appropriate $55,700 to the Estes Park Housing Authority. Louis O'Riordan commented on the need for year-round, low-cost subsidized housing. It was moved and seconded (Hix/Habecker) the request be approved, and it passed unanimously. 6. Resolution #2-94 - Posting Notices. Clerk O'Connor read the resolution conforming to the Colorado Sunshine Act of 1972 whereby the Town must designate a public place to post notices of its meetings. It was moved and seconded (Dekker/Hix) Resolution #2-94 be approved, and it passed unanimously. Following completion of all agenda items concerning the Board of Trustees, Mayor Dannels adjourned the meeting at 9:46 P.M. Mayor $ Town Clerk Town Board Convene as Estes Park Housing Authority. Chairman Dannels called the meeting to order at 9:47 P.M. 1. Appointment of Secretary. Current officers are: Chairman ; Dannels, Vice Chairman Hix, and Treasurer Habecker. It was ~ moved and seconded (Hix/Doylen) Gary Brown be Â· appointed Secretary, and it passed unanimously. 2. Approval of 1994 Budget. Town Administrator Klaphake reviewed the following 1994 Budget: A. Marys Lake Lodge Employee Housing Project - $52,000 Habitat for Humanity - 3.700 Total $55,700 It was moved and seconded (Hix/Doylen) the 1994 Budget as stated above be approved, and it passed unanimously. 3. Marvs Lake Lodge Employee Housing Project. Administrator Klaphake clarified the exhibits as mentioned in the following agreements, and Attorney White reviewed same, identifying responsibilities for each party. A. Agreement with the Estes Park Housing Authority, Larimer County Housing Authority, Marys Lake Lodge, and First National Bank of Estes Park. The Town will transfer $52,000 for construction of the project, and the County will supervise the project. There are no other obligations for either party. Board of Trustees - January 11, 1994 - Page 6 B. Agreement with the Estes Park Housing Authority and the First National Bank of Estes Park. The Bank warrants in writing there are adequate funds to construct, complete and occupy the project. Should foreclosure occur, the Town's pro-rata share will be returned. The Agreements are being reviewed by the First National Bank and staff will be submitting the Agreements to Larimer County. Staff confirmed that construction has commenced at the Lodge and that a tour will be scheduled in the future. It was moved and seconded (Dekker/Doylen) both Agreements, as presented, be approved, and it passed unanimously. 4. Staff Report and Recommendations. Ass't. Administrator Widmer introduced staff's Housing Report and Recommendations, summarizing previous and current housing activities. Recommendations are: 1. Community Development Director Stamey serve as the principal staff support for the Estes Park Housing Authority. I , 2. The Mission Statement be adopted at a subsequent meeting of the Authority. 3. The Town not participate in funding the Larimer County Housing Authority's Affordable Housing Information System ($2,000). In addition, Attorney White has advised that, in his opinion, TABOR requirements do not apply to the Housing Authority. Until such time as the law is clarified, a written legal opinion should be obtained prior to the Town committing to any large project. Administrator Klaphake reviewed past housing activities, including the findings from the Housing Study Group presented to the Community Development Committee September 3, 1992. Director Stamey outlined the recommendations for the 1994 Work ~ Program, suggesting the Authority focus on Action Item A. RFP, and B. Land Banking. The Estes Park Housing Authority took no further action pending a subsequent meeting; meetings will be scheduled on a i quarterly basis, with the next meeting to occur in March, 1994. There being no further business, Chairman Dannels adjourned the meeting at 10:21 P.M. Chairman Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Administrative Committee January 13, 1994 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Chairman Dannels, Trustees Hix, Brown, Dekker, Doylen and Habecker Also Attending: Town Administrator Klaphake, Clerk O'Connor Absent: Trustee Gillette Chairman Dannels called the meeting to order at 10:00 A.M. BUSINESS LICENSE - DISCUSSION. Administrator Klaphake reviewed the current business license fee schedule: General ....................... $200.00/yr. Accommodations ................ Scale from $150-350.00/yr. Building Contractors .......... $100.00/yr. The fees collected ($144,420) attributed to 28% of the 1993 Advertising Budget; sales tax contributes the remaining balance. The 1994 Advertising Budget is $495,445 and staff anticipates the business fees will contribute 29%. As requested by the Town Board in November, the Clerk conducted a survey of 19 municipalities (neighboring and tourist cities) of which 16 responded. One specific question surveyed was whether day-care providers were exempt. Of the municipalities that assess a business license fee (13), none exempt day-care providers. In addition, the majority of those surveyed base their fee on the number of employees or square footage. Pursuant to potential increases in administrative costs and based upon public testimony received in the recent past by merchants, staff contends the Town's structure not be amended at this time. Trustee Habecker questioned the ramifications TABOR could have if the fees were raised or lowered. Upon confirmation by Town Attorney White, Administrator Klaphake announced that the fee is a license not a tax, therefore the fee could be adjusted. Trustee Dekker questioned the justification used to lower the building contractor fee to $100.00. Staff advised that the Contractors Association based their appeal on the premise that the contractors are not primary beneficiaries of the advertising program. Consensus of the Committee was that building contractors do similarly benefit from the advertising program as do merchants. Concerning local, non-profit, .charitable organizations, Clerk O'Connor confirmed that these groups are not contained in the Business License Ordinance. The Committee urged language exempting these groups be included in the Ordinance. [Clarification following the meeting: Any local, non-profit, charitable organization sponsoring a for-profit event must obtain a business license - current licensees include the Fire Dept./MDA Craft Sale, Scottish Highland Festival, Special Events Dept./Rooftop Rodeo and Community Special Events, and Fine Arts Guild Craft Sale.] Judy Seybold/The Women's Center, Fort Collins, advised that she also conducted a survey and she advised that Aspen and Vail were also discussing licensing for child care providers; however, Aspen heavily subsidizes this service. Ms. Seybold urged the Committee BRADIORIPUBLISHING co. RECORD OF PROCEEDINGS Administrative Committee - January 13, 1994 - Page 2 to exempt day-care provihers as the Town may loose licensed child care currently available. In addition, unlicensed (State) providers may multiply. Trustee Doylen countered that licensing does not guarantee quality and that the business license would not deter someone genuinely interested in providing child care. Trustee Doylen briefed the Committee on her personal child care expenses and stated she would support a reduction but not an exemption for day-care providers. Administrator Klaphake reviewed staff's suggestion that a home occupation category be initiated for 1995. Town Attorney White previously provided a definition for home occupation: "a business, profession, or occupation conducted within or from the dwelling by a resident thereof as an accessory use to the residential use of the dwelling; provided, the home occupation is contained principally within said dwelling; is carried on by the inhabitants thereof; is clearly incidental and secondary to the use of the dwelling for dwelling purposes; has not changed the residential character thereof; and no article is sold or offered for sale on the premises except such as may be produced by member of the immediate family residing on the premises." Staff suggested a $100/yr. fee be assessed for the home occupation category. Following discussion, the Committee recommends: (1) no changes be made in 1994, thereby allowing the Clerk's Office to invoice all day-care providers at the rate of $200.00/yr.; (2) that in 1995, building contractors be indexed under the current "General" category, thereby paying a $200.00 fee/yr.; and (3) that in 1995, the home occupation category be established with an associated fee of $100/yr. In an attempt to increase public testimony, Item #1 will be discussed at the Town Board meeting January 25 and Items #2 & 3 will be discussed during the Town Board meeting scheduled February 8. REPORTS. Finance Officer Vavra updated the Committee on the Town's insurance carrier, CIRSA, identifying the carrier's 1994 coverage structure on property and casualty. Trustee Habecker questioned staff regarding where the liability lies with volunteer firemen while driving to/from a fire. Fire trucks are fully insured and the firemen are insured providing there is no neglect and all traffic rules are obeyed. The Committee suggested CIRSA conduct a periodic training session with the Fire Department to update the firemen on insurance liability/negligence guidelines. There being no further business, Chairman Dannels adjourned the meeting at 11:10 A.M. 1, 1.2- . k.e Au-- 0 (36~,to Vickie O'Connor, CMC, Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee January 20, 1994 Committee: Chairman Hix, Trustees Brown and Habecker Attending: Chairman Hix, Trustees Brown and Habecker Also Attending: Town Administrator Klaphake, Police Chief Racine, Fire Chief Rumley, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 10:00 a.m. FIRE DEPARTMENT The Cooperative Agreement #1520-4-9001 between the National Park Service and the Town of Estes Park was presented. This Agreement provides for the construction and maintenance of a new fire facility to be built on NPS land in 1994, with the Town agreeing to fund $30,000 for construction. Chief Rumley reviewed the Agreement with the following concerns: 1. Article II. The Agreement should state that the three bays are for the sole use of Estes Park Fire Department equipment to allow for the equipment currently housed at the Light & Power facility and the future addition of a tanker. 2. Article III. The Agreement should be effective for five years running concurrently with the Intergovernmental Agreement. 3. Article IV. The key officials should include the Estes Park Fire Chief. The Committee concerns were: 1. Article IX. The sixty-day termination notice does not include any reasons for the possible termination. 2. The Agreement does not include a start and completion date for construction. Town Administrator Klaphake will forward the concerns to RMNP and another draft of the Cooperative Agreement will be presented at the next Committee meeting. Due to the recent publicity surrounding insurance coverage for firefighters traveling to a call, an emergency driving manual was distributed to the Committee to illustrate the type of training each firefighter receives. Chief Rumley explained that when responding to an emergency situation, lights and siren must be active, speed limits must be observed (no more than 5 miles over), and all stop signs and traffic lights must be obeyed. POLICE DEPARTMENT Bed Race: Connie Boschen, Director, Chamber of Commerce, presented details on a proposed Bed Race event during Valentine's Weekend and requested traffic control assistance. The Committee recommends approval of the Bed Race scheduled for Saturday, February 12, contingent upon submission of a Certificate of Insurance from the Chamber of Commerce. BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee, January 20, 1994 - Page 2 Courage Classic Bicycle Tour: This event is scheduled for June 10- 12, 1994. Participants will spend two nights at the high school, with day tours into RMNP.Â· Chief Racine reported there have been no problems in the past, and the organization provides their own security and a Certificate of Insurance. The Committee recommends approval of the Courage Classic Bicycle Tour event in Estes Park contingent upon receipt of the Certificate of Insurance. Frost Giant Foot Race: The Frost Giant Foot Race is scheduled for Sunday, January 23, 1994. The organizers requested the use of Room 203 in the Municipal Building for registration with assurance that all areas of the building used by the participants will be returned to their original condition. Police traffic control was also requested. The Committee recommends provision for police traffic control during the race and the use of Room 203 contingent upon submittal of a contact name responsible for the use of the building. E-911 Svstem and E.M.D. Overview: Chief Racine reported the police communications area has undergone major technological changes. Gail Matuszak, Police Dispatch Supervisor, distributed materials and presented a video, which was made under Matuszak's supervision. Chief Racine explained that although the cost of the E-911 associated equipment was covered by telephone surcharge, the staff to operate the equipment is the responsibility of the Town. REPORTS The Committee received a summary report of 1993 police statistics, as compared to 1992. There being no further business, Chairman Hix adj ourned the meeting at 11:00 a.m. Following adjournment, the Committee toured the Dispatch office. -71- K-2.2 Tina Kuehl, Deputy Town Clerk BRAOFOROPUSLISHINGCO RECORD OF PROCEEDINGS Planning Commission January 18, 1994 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Chairman Sager, All Commissioners Also Attending: Community Development Director Stamey, Clerk O'Connor Absent: Trustee/Liaison G. Hix Chairman Sager called the meeting to order at 10:31 A.M. 1. MINUTES. Minutes of the December 21, 1993 meeting were approved as submitted. 2. ELECTION OF 1994 OFFICERS. It was moved and seconded (Amos/Brown) Al eager be elected Chairman, Alma Hix be elected Vice Chairman, and a Representative from the Town Clerkes Office be elected Recording Secretary. It was moved and seconded (Pohl/Brown) those nominated be elected by acclamation, and it passed unanimously. 3. SUBDIVISIONS. 3.A. Portion of Tract 65. Fall River Addition - Preliminary Plat. Castle Mountain Estates Subdivision. Pennv Kane/Applicant. Paul Kochevar, Applicant's representative, identified the site which contains 26.84 acres. The preliminary plat divides the site into ten residential lots plus two outlots/open space. The property is zoned C-0; however, the Applicant desires residential use. The Applicant does not desire to rezone the property to allow the option of a bed and breakfast; however appropriate restrictions addressing the retention of the residential character will be enforced through covenants or notes on the plat. The project will be developed in two phases, with the lower six lots being accessed by a public street. When the upper four lots are developed, access will be gained by a private drive, and all utilities are available. Community Development Director Stamey reviewed the staff report further identifying the site and access: the new road will abut a rock outcropping that limits the street location, a new public street accesses the site from Highway 34; four lots (Lots 7-10) are accessed by a private drive. Each lot does have fairly suitable building lots, and the open space is to be protected by covenant and designated as a non-building site on the final plat. The RMNP expressed concern with the proposal as it poses a dilemma with the change in use from commercial to residential based upon potential development of 44% of the site on steep slopes with access roads and earthwork. DOW is concerned with the potential negative impact to the Bighorn Sheep. Director Stamey stated the Applicant will submit complete detailed information during submittal of the final plat. Summary of Commissioner questions/comments were: concerns/objectives expressed by affected property owners during the Comprehensive Plan neighborhood meetings - staff reported that residents desire no further commercial development, preferring residential - this proposal follows BRAOFOROPUBLISHINGCO RECORD OF PROCEEDINGS planning Commission - January 18, 1994 - Page 2 the general intent of residents; the minimum cul-de-sac diameter is 100' and this will be addressed with the plan and profile during submittal of the final plat; RMNP concern with amount of cut and fill. Mr. Kochevar responded that in lieu of the proposed 80' road radius, the minimum 100' horizontal radius could be achieved; the cul-de-sac diameter is 140', exceeds the minimum; the public road may be relocated further north, closer to the drainageway. The private drive will have no more than a 12% grade, and is 20' wide asphalt plus the shoulders; building envelopes on where development would most likely occur can be added to the plat; if restrictions are not added, commercial development could occur on Lots 1-6; Outlot A will be improved to enhance the entrance; architectural restrictions will be enforced by covenant; notes can be added to the plat during the final plat process authorizing additional Town control limiting uses of the lots; a meeting was held with CDOT and discussions are taking place relative to traffic generation with a potential bed and breakfast and accel/decel/turning lanes. Staff confirmed that E-Estate zoning is found to the east and west; and that "split zoning" could be accomplished; however, uses must be defined and where (lots) such uses could occur. Staff will review the upper four lots and zoning for Outlot B concurrently with the final plat process. Mr. Kochevar confirmed that the Applicant has consid@red dedication of the outlots to the Land Trust to prohibit future expansion, and notes will be added to the final plat giving the Town complete control on development of the open space. Public testimony was heard from Larry Gamble/RMNP, who supported the use and change from commercial to residential and substantial open space, reiterated concern with the significant cut and fill, private drive access to the upper four lots where it makes an 's' curve and the slope is 20%, concern with the winter habitat for the Bighorn Sheep, fencing, and the Town should require a preliminary grading plan prior. to the final plat. Mr. Gamble suggested development be consolidated on the lower portion of the site. Commissioner Brown noted that the RMNP and DOW referral letters should be taken into consideration, however, the overall community affect should also be considered. Commissioner Amos commented that the RMNP and DOW letters should receive full consideration relative to view corridors, wildlife, possibly limit development to the lower portion of the site (Lots 1-6), the "cluster" proposal given by the RMNP may be appropriate, thereby leaving the upper portion of the site for open space, and the zoning should be clarified and perhaps changed to clearly identify single-family use. Respondipg that the.Applicant is willing-to -dedicate 15 -acres- - - - for -open space, and that requiring additional open space could be tantamount to "a taking", and that the developer's proposal is very adequate, it was moved and seconded (Brown/A. Hix) the Preliminary Plat of Castle Mountain Estateâ€¢ bâ€¢ approved contingent upon the following, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, A. Hix, Miller, Pohl and Sager. Those voting "No" Commissioner Amos. 1. The final'plat to include use (limited scale for commercial use) restrictions. 2. Provide a preliminary grading plan. 3. Mitigate the cut and fill for the upper four lots. 4. The cul-de-sac radius be extended to a 100' radius. BRAOFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - January 18, 1994 - Page 3 5. The "vested property right" statement be deleted from the preliminary plat. 6. Consideration be given to undergrounding the existing electric utilities, and provide a utility easement for the existing overhead power line. 7. Lots 7, 8, 9, and 10 have four separate water service lines. 0' irman Sager commented that those comments made by RMNP and -uW were not being ignored, and that property owners do have certain rights that must be adhered to. Trustee/Liaison G. Hix joined the audience. 4. ANNEXATIONS. 4.A. Kenofer Addition. C. Louis & Doris D. Kenofer/Applicant. Chairman Sager opened the public hearing to consider the annexation. Applicant's representative Paul Kochevar advised that the Applicant is proposing the annexation of 335* Acres into two lots of 1.727 ac. each and the site is immediately south of the Crags Subdivision. There is an existing access easement from the Crags Subdivision which allows access to the westerly lot, and utilities are available. Director Stamey reviewed the staff report: access is from a public street to the north (Audubon Street). Lot 2 is served by an access easement across the front of Lot 1. The average slope is 35% which would require a minimum lot area of 83,000 sq. ft., compared to the 75,228 sq. ft. being proposed--if approved, an exception to the E-Estate minimum lot area must be granted. Concerning sanitary sewer, the Applicant was advised that a building permit will not be issued until such time as the sewer main in Crags Subdivision is completed. The property is currently zoned E-Estate in Larimer County and the Applicant is requesting E-Estate Zoning for the annexation. There being no further testimony, Chairman Sager declared the public hearing closed. Director Stamey reviewed minimum lot size for the R-S zone as compared to E-Estate. It was moved and seconded (Brown/Burgess) the Kenofer Addition Annexation, with E-Estate Zoning, be favorably recommended to the Town Board with the following conditions, and it passed unanimously. 1. An exception be granted for the minimum lot are of 75,228 sq. ft. 2. Prior to development on either lot, suitable access and water service be provided by the developer. 3. A building permit not be issued until such time as the sewer main in Crags Subdivision is completed. 4. Provide a wildfire mitigation report which will include language to allow the Town an opportunity to mitigate a wildfire hazard should it become necessary. 5. INTERGOVERNMENTAL AGREEMENT (IGA) WITH LARIMER COUNTY z REVIEW. Director Stamey reported on the IGA with Larimer County whereby "the County is endorsing and approving the current effort by the Town to make and adopt a new master plan for the physical development Â· of the Town and the unincorporated area of Larimer County covered by this planning effort." Staff cited areas of State law authorizing the Agreement. The Town will have the ability with the County to BRAOFORDPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - January 18, 1994 - Page 4 make recommendations for the entire planning area. As there were no public comments, it was moved and seconded (A. Hix/Pohl) the Intergovernmental Agreement with Larimer County be favorably recommended to the Board of Trustees, and it passed unanimously. Staff will prepare copies of the state law for all Commissioners. 6. REPORTS. Peregrine Golf Course Concept plan - Expiration. Staff reviewed Section 17.36.040 B. 5. stating if actual construction has not begun within 24 months of the date of concept plan approval, plan approval must be renewed, following the same procedures as for an initial submittal, and, Section 17.36.040 6., that provides if the development has not been completed within the time specified on the concept plan, plan approval shall be automatically withdrawn and no further construction on or use of the property as setforth shall be allowed. Therefore, the Peregrine Golf Course Concept Plan has no legal standing or bearing on the subject properties. The Commission acknowledged the expiration deadline. APA Journalism Award Nomination. Director Stamey reported that he nominated the Trail Gazette for said award for their work on the planning workshops held this Fall. A scrapbook of articles accompanied the nomination. Chairman Sager adjourned the meeting at 11:54 for lunch and a study session. The meeting will be reconvened at 1:30 P.M. for presentation of the Stanley Historic District Master Plan. --- BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS planning Commission - January 18, 1994 - Page 5 Attending: Chairman Sager, All Commissioners, Town Administrator Klaphake, Town Attorney White, Community Development Director Stamey, Don Brandes/DSW, Clerk O'Connor Chairman Sager reconvened the meeting at 1:30 P.M. 7. STANLEY HISTORIC DISTRICT. 7.A. Master Plan - Introduction. Administrator Klaphake identified the "team": Town Administrator, Town Attorney, Community Development Director, EPURA Executive Director, Senior Planner, and Design Studios West (DSW). The process began in October, 1992 with a goal of obtaining a Master Plan with standards and guidelines for development. Features include: technical and architectural review; a reduction of density, deletion of density transfers, 30% of preserved open space, additional purchased open space, minor modification of the existing Stanley Historic District Ordinance, Development Agreements have been executed by all affected landowners, a site for a future performing arts center has been included, Stanley Hall will be used by the Arts community pending the ~ Arts Center Project, and growth management. Don Brandes/DSW presented a project overview, including a slide program. Nine parcels were reviewed and Mr. Brandes identified existing Town regulations and compared same to the Development Agreements. The Master Plan drawing indicated the maximum number of units allowed pursuant to the Agreements. The intent of the project is to maintain the visual, environmental quality, and integrity of the Stanley Historic District, require surrounding development to maintain and support the architectural significance of The Stanley Hotel, provide standards and guidelines for development with the Historic District, and protect and enhance views into and out of the Historic District. Town Attorney White reviewed the landowners involved: FHK Company, Overlook Limited Partnership, and The Stanley Hotel and advised Development Agreements have been reached with all three parties. The Stanley Historic District Master Plan Development Standards and Design Guidelines (55-page document) concludes with an Ordinance. The Master Plan will be presented and public testimony will be heard. Staff will address all concerns/questions January 25th. Â· The Planning Commission will meet on the Master Plan as follows: January 25 - 1:30 P.M. February 1 - 1:30 P.M. February 2 - 10:00 A.M. (vote and recommendation) The Town Board will conduct its public hearing February 8 with a possible continuation scheduled February 22. All three property owners have executed their Development Agreement and they are irrevocable until February 23, 1994. The Agreements may terminate after February 23 if the Town has failed to act upon the Development Agreements. The Agreements reflect a substantial, compromised product between the public and private sector. Attorney White urged everyone to review the Development Agreement and Master Plan as a whole and make a determination whether such benefits the Town. By mutual agreement, the entire parcel (75 Acres) will be planned as part of the whole in lieu of piecemeal, density has been reduced, the Master Plan ensures that The Stanley Hotel has an economic opportunity; and, with the Development Agreements, the Stanley Historic District is taken out of the political BRAOFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - January 18, 1994 - Page G arena for 15 years. The pending ordinance incorporates the Agreements' and Guidelines and supersedes any other ordinance. However, the existing Stanley Historic District ordinance adopted in 1991 has been preserved almost in its entirety. Attorney White summarized the Development Agreements: the Town will lease Stanley Hall for a performing arts center for 10 years. The Hotel may also use the hall, depending upon bookings. The lease payment is $10,000/yr. for upkeep and rehabilitation. There is a 15-year option for a cultural arts center (3 Acres). If the Town develops the center, the Town will have a 50-year lease at $1.00/yr. If the Town does not develop the center, the property reverts back to The Hotel. The Town will purchase Parcels 5, 6 and 8, includes these parcels' rights to transfer density from FHK for $100,000; these parcels will be dedicated as permanent open space. Chairman Sager reviewed the Rules of Procedure for public testimony to ensure everyone received a fair chance to be heard. Rowland Retrum questioned where and when the Development Agreements would be available. Staff confirmed I the Agreements would be available by 12:00-Noon-- Wednesday, January 19. Bill Van Horn, adjacent property owner, stated he was in favor of the Master Plan, "it is well done." As there were no further public comments, Chairman Sager once again reviewed the meeting schedule. 8. THIRD AMENDMENT TO THE DOWNTOWN REDEVELOPMENT PLAN - REFERRAL FROM TOWN BOARD. On behalf of EPURA, Administrator Klaphake reported the proposed Third Amendment should procedurally run parallel with the Stanley Historic District Master Plan. It was moved and seconded (Brown/A. Hix) the Third Amendment to the Redevelopment Plan be continued to February 1 and/or 2, 1994, and it passed unanimously. Following conclusion of all agenda items, Chairman Sager adjourned the meeting at 2:50 P.M. c-,i LUL Â¢ ' 0 d.h 'f ) Vickie O'Connor, CMC, Town Clerk -I - 1--.I .. 'PA'FORD.U.LISHING.0 RECORD OF PROCEEDINGS Administrative Committee January 13, 1994 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Chairman Dannels, Trustees Hix, Brown, Dekker, Doylen and Habecker Also Attending: Town Administrator Klaphake, Clerk O'Connor Absent: Trustee Gillette Chairman Dannels called the meeting to order at 10:00 A.M. 101. BUSINESS LICENSE - DISCUSSION. Administrator Klaphake reviewed the current business license fee 4 schedule: General ....................... $200.00/yr. Accommodations ................ Scale from $150-350.00/yr. Building Contractors .......... $100.00/yr. The fees collected ($144,420) attributed to 28% of the 1993 Advertising Budget; sales tax contributes the remaining balance. The 1994 Advertising Budget is $495,445 and staff anticipates the business fees will contribute 29%. As requested by the Town Board in November, the Clerk conducted a survey of 19 municipalities (neighboring and tourist cities) of which 16 responded. One specific question surveyed was whether day-care providers were exempt. Of the municipalities that assess a business license fee (13), none exempt day-care providers. In addition, the majority of those surveyed base their fee on the number of employees or square footage. Pursuant to potential increases in administrative costs and based upon public testimony received in the recent past by merchants, sta f f contends the Town;,Â§.' structure not be amended at this time. Trustee Habecker questioned the ramifications TABOR could have if the fees were raised or lowered. Upon confirmation by Town Attorney White, Administrator Klaphake announced that the fee is a license not a tax, therefore the fee could- be adjusted. Trustee Dekker questioned the justification used to lower the building contractor fee to $100.00. Staff advised that the Contractors Association based their appeal on the premise that the contractors are not primary beneficiaries of the advertising program. Consensus of the Committee was that building contractors do similarly benefit from the advertising program as do merchants. Concerning local, non-profit, charitable organizations, Clerk O' Connor confirmed that these groups are not contained in the-- Business License Ordinance. The Committee urged language exempting these groups be included in the Ordinance. [Clarification following the meeting: Any local, non-profit, charitable organization sponsoring a for-profit event must obtain a business license - current licensees include the Fire Dept./MDA Craft Sale, Scottish Highland Festival, Special Events Dept./Rooftop Rodeo and Community Special Events, and Fine Arts Guild Craft Sale.] Judy Seybold/The Women's Center, Fort Collins, advised that she also conducted a survey and she advised that Aspen and Vail were also discussing licensing for child care providers; however, Aspen heavily subsidizes this service. Ms. Seybold urged the Committee BRA[Dro/DPUBLISHINGCO RECORD OF PROCEEDINGS Administrative Committee - January 13, 1994 - Page 2 to exempt day-care providers as the Town may loose licensed child care currently available. In addition, unlicensed (State) providers may multiply. Trustee Doylen countered that licensing does not guarantee quality and that the business license would not deter someone genuinely interested in providing child care. Trustee Doylen briefed the Committee on her personal child care expenses and stated she would. support a reduction but not an exemption for day-care providers. Administrator Klaphake reviewed staff's suggestion that a home occupation category be initiated for 1995. Town Attorney White previously provided a definition for home occupation: "a business, profession, or occupation conducted within or from the dwelling by a resident thereof as an accessory use to the residential use of . 4 -9 the dwelling; provided, the home occupation is contained principally within said dwelling; is carried on by the inhabitants thereof; is clearly incidental and secondary to the use of the dwelling for dwelling purposes; has not changed the residential character thereof; and no article is sold or offered for sale on the premises except such as may be produced by member of the immediate family residing on the premises." Staff suggested a $100/yr. fee be assessed for the home occupation category. Following discussion, the Committee recommends: (1) no changes be made in 1994, thereby allowing the Clerk's Office to invoice all day-care providers at the rate of $200. 00/yr.; (2) ' that in 1995, building contractors be indexed under the current "General" category, thereby paying a $200.00 fee/yr.; and (3) that in 1995, the home occupation category be established with an associated-fee of $100/yr. In an attempt to increase public testimony, Item #1 will be discussed at the Town Board meeting January 25 and Items #2 & 3 will be discussed during the Town Board meeting scheduled February 8. lefIRTS. Financ~Q~i.cer Vavra updated the Committee on the Town' s insurall@~- carrier, (13642 identi fying the carrier' s 1994 coverage-ikperture on property and-e,422ty. Trustee Habecker questid staff rega'where the liability lies with volunteer fireme?Nibile-1/Ming to/from a fire. Fire trucks are fully insured andE]Â»<~firemen are insured providing there is no neglect and~â€¢fr trn,4,2 rules are obeyed. The committee suggested CU,@Irconduct a perlâ€¢4ic training session with the Fire Departmelft to update the -El,<~en on insurance liability/n~~110*fe guidelines. - - Ther,000Â¢~~ng no further business, Chairman Dannels adjoilh,d the ,0â‚¬Ing at 11:10 A.M. C-- --" k e ~LL. ~, (~CÂ»U-2 Vickie O'Connor, CMC, Town Clerk Â· i It was moved and seconded (Brown-Hix) that Final Plat of a Portion of Tract A, Prospect Estates Subdivision, Third Filing, be favorably recommended with clarification of utility easement areas, Improvement Guarantee, and construction plans prior to Town Board approval, and it passed unanimously. ~f SPECIAL REVIEWS. 4.di, Special Review #93-7, Lot 1. Valley Vista Addition. a.A. Nicholas Stanitz/Applicant. Chairman Sager opened the public hearing. Applicant's representative Paul Kochevar stated the applicant is proposing to develop 24 affordable, for rent, site grading will be defined in more detail in the Development housing units, in four buildings. The wildfire hazard and the Plan which will be submitted upon approval of the Concept Plan. Forty-one parking spaces are proposed. However, the Planning Commission recommended that.the design incorporate the ability to construct 48 spaces. The developer plans to charge :t$600 rent. The buildings will be placed to preserve as many trees as possible. Ron Harvey commended the developer for his efforts and offered his services regarding affordable housing survey work. Director Stamey read a letter of opposition from adjacent landowner C. George Seifert, Sr. Chairman Sager closed the public hearing. Director Stamey reported that studies performed by the Town indicate the need for affordable housing and the Talmey-Drake survey revealed the number one concern of the citizens is affordable housing. The Planning Commission recommended the developer provide one trash enclosure per building and designated cluster mail boxes. It was moved and seconded (Brown-Burgess) that the Special Review 93-7 be favorably recommended with positive findings on the following, and it passed unanimously: 1. Location suitability considering nearby land uses, roads, utilities, and environmental characteristics. 2. Building and site design to avoid visual impact, damage to the natural environment, and departure from the character of the neighborhood. 3. Social, economic, and community needs. 4. Consistency with district objectives. 5. Attention to wildfire hazards. 6. Additional parking provision to avoid parking on Moccasin Bypass, mail cluster boxes, additional trash enclosures, and detailed grading, landscaping and vegetation information. 7. Before final approval, the Town and developer produce documentation to ensure the affordability provision. ORA'FOR.PUBLISHINGIl. RECORD OF PROCEEDINGS Dlanning Commission - January 18, 1994 - Page 3 5'!~.~he "vested property right" statgp,ft be deleted -,Cpm the preliminary plat. - 6. Consi33~â€¢Con be givej~ undergrounding the existing eihtic ut.i.effies, and provide a utirity easement for th@~ting overhead power line. 7. Lots 7, 1/Â§, and 16p*q~ four separate water serviESâ€¢â‚¬lnes. Chairman S300â‚¬1- commented that those comment>hade by RMNP and DOW wer,frot being ignored, and that property -2bW<r~ do have cer-~Afrights that must be adhered to. Tru,Ad&/Liaison G. Hix joined the audience. ~f ANNEXATIONS. 4-Al Kenofer Addition. C. Louis & Doris D. Kenofer/Applicant. 2.6. ,Â¢5~ that the Applicant is proposing the annexation of 3%:t Acres Chairman Sager opened the public hearing to consider the annexation. Applicant's representative Paul Kochevar advised into two lots of 1.727 ac. each and the site is immediately south of the Crags Subdivision. There is an existing access easement from the Crags Subdivision which allows access to the westerly lot, and utilities are available. Director Stamey reviewed the staff report: access is from a public street to the north (Audubon Street). Lot 2 is served by an access easement across the front of Lot 1. The average slope is 35% which would require a minimum lot area of 83,000 sq. ft., compared to the 75,228 sq. ft. being proposed--if approved, an exception to the E-Estate minimum lot area must be granted. Concerning sanitary sewer, the Applicant was advised that a building permit will not be issued until such time as the sewer main in Crags Subdivision is completed. The property is currently zoned E-Estate in Larimer County and the Applicant is requesting E-Estate Zoning for the annexation. There being no further testimony, Chairman Sager declared the public hearing closed. Director Stamey reviewed minimum lot size for the R-S zone as compared to E-Estate. It was moved and seconded (Brown/Burgess) the Kenofer Addition Annexation, with E-Estate Zoning, be favorably recommended to the Town Board with the following conditions, and it passed unanimously. 1. An exception be granted for the minimum lot are of 75,228 sq. ft. 2. Prior to development on either lot, suitable access and water service be provided by the developer. 3. A building permit not be issued until such time as the sewer main in Crags Subdivision is completed. 4. Provide a wildfire mitigation report which will include language to allow the Town an opportunity to mitigate a wildfire hazard should it become necessary. 5. ~h-liERNMENTAL AGREEMENT (IGA) WITH LARIMER Conâ€¢IY - REVIEW. ~~Bhâ€¢-UL~tamey reported on the_,~A+11â‚¬'Urimer County whereby "tjie.e"*auty is endaâ€¢011~-a-nd approving the current effort by the Town 239IMI99-nd adopt a new master plan for the physical-0.00â€¢il~STE~ment or-â€¢â€¢411& Town and the unincorporatesi-ir#i-of Larimer County coverE~b,klis planning effort. Lâ€¢-004-aff cited areas of State law authEh~609 the Agieednb. The Town will have the ability with the Cou?!4 to 4.6.1. RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area that the requirements of the applicable parts of Section 31-12-104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107 (2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation as the "KENOFER ADDITION" to the Town of Estes Park is as follows: Property located in Section 25, Township 5 North, Range /3 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at a point 100 feet West of the Northeast corner ot the Southeast 1 of the Southwest 1 of said Section 25, said point being true point of beginning; thence West along the North line of the Southeast * of the Southwest i of said Section 25, distance of 223.4 feet; thence South distance of 673.5 feet; thence East distance of 223.4 feet; thence North distance of 673.5 feet to the true point of beginning. The South line of the above described tract to be parallel with the North line of the Southeast A of the Southwest & of said Section 25. The East and West line of M (0 10 (Cl 1 ~fj f. the aboVe described tract to be parallel with the East line Of the Southeast 1 of the Southwest 1 of said Section 25. Known as No. TBD, Estes Park, CO 80517 DATED this day of , 1993. TOWN OF ESTES PARK Mayor ATTEST: -2- a.z.al ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS THE KENOFER ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 14 day of December, 1993, by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys, of the area hereinaiter described. The Board, by Resolution at its regular meeting on the 14th day of December 14, 1993, accepted said Petition and found and determined that the provisions of Section 31-12-107 (1) (g), C.R.S., were met; and the Board further determined that a public hearing should be held on January 25, 1994, at 7:30 P.M. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Section 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12-109, C.R.S., on the 25th day of January, 1994. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Section 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107 (2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as the KENOFER ADDITION to the Town of Estes Park, is hereby approved: Property located in Section 25, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at a point 100 feet West of the Northeast corner of the Southeast it of the Southwest 1 of said Section 25, said point being true point of beginning; thence West along the North line of the Southeast 1 of the Southwest 4 of said Section 25, a .r-. -- . 7 1 -6 .. distance of 223.4 feet; thence South a distance of 673.5 feet; thence East a distance of 223.4 feet; thence North a distance of 673.5 feet to the true point of beginning. The South line of the above described tract to be parallel with the North line of the Southeast & of the Southwest A of said Section 25. The East and West line of the above described tract to be parallel with the East line of the Southeast 1 of the Southwest k of said Section 25. Known as No. TBD, Estes Park, CO 80517 Section 6: The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126 (3.6) C.R.S. to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal Subdistrict, Northern Colorado Water Conservancy District. Section 7. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. 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 25th day of January, 1994 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1994, all as required by the statutes of the State of Colorado. -2- 4.6.3 ORDINANCE NO. AN ORDINANCE ADDING E-ESTATE ZONING TO TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the annexation of the Kenofer Addition was accomplished on the 25th day of January, 1994; and WHEREAS, following the testimony, the Board of Trustees have determined that it is in the best interest of the Town to zone Kencfer Addition to the Town of Estes Park as E-Estate. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. 1. Section 1. The Kenofer Addition to the Town of Estes Park shall be zoned as E-Estate. 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 25th DAY OF JANUARY, 1994. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of January, 1994 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of January, 1994. A. E. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, dated this day of , 1993 by and between the TOWN OF ESTES PARK, COLORADO, hereinafter referred to as the ("Town"); and the BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO, hereinafter referred to as the (" County ") ; WITNESSETH: WHEREAS, the Town of Estes Park has begun the process of amending the Town of Estes Park's Comprehensive Plan; and WHEREAS, the current Estes Park Comprehensive Plan and the proposed new Estes Park Comprehensive Plan contain areas located outside of the corporate limits of the Town of Estes Park and within unincorporated areas of Larimer County; and WHEREAS, Section 31-23-206 C.R.S., provides that adoption of a master plan for the development of the Town that includes any areas outside of its boundaries is subject to the approval of the County; and WHEREAS, following adoption of the Estes Park Comprehensive Plan, dated May 17, 1977, the County pursuant to the provisions of 30-28-101 et. seq C.R.S., adopted the Estes Park Comprehensive Plan as it related to the unincorporated areas of Larimer County; and WHEREAS, the parties have determined that the present effort by the Town to review and adept a new Comprehensive Plan for the Estes Valley is appropriate, not only as it relates to the area located within the Town but also the unincorporated area of Larimer County covered by the planning effort; and WHEREAS, the parties contemplate that following the adoption of a new Comprehensive Plan by the Town that said new Comprehensive Plan will be forwarded to the County for review and possible adoption pursuant to Section 30-28-106 C.R.S.; and WHEREAS, the parties desire to set forth their agreement with regard to this process. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE TOWN AND THE COUNTY AGREE AS FOLLOWS: 1. The County, pursuant to the provisions of Section 31-23-206(1) C.R.S., hereby endorses and approves the current effort by the Town to make and adopt a new master plan for the physical development of the Town and the unincorporated area of Larimer County covered by this planning effort. The area of said master plan is set forth on Exhibit "A" and attached hereto and incorporated herein by this reference. r . .t" . I .... 2. Following the completion of the planning effort and drafting of a new master plan, the Town will submit the proposed master plan to the Estes Park Planning Commission for adoption pursuant to the provisions of Section 31-23-208 C.R.S. If, in fact, said plan is adopted by the Planning Commission, the same shall be submitted to the Board of Trustees of the Town of Estes Park pursuant to the provisions of Section 31-23-208 C.R.S. 3. Following adoption of said master plan by the Town , the Town shall immediately certify the same to the County pursuant to Section 31-23-108 C.R.S. 4. The County shall, upon receipt of a certificate from the Town of the adopted master plan review the plan pursuant to the applicable provisions of Section 30-28-101 et. seq., C.R.S. 5. The parties understand and agree that this Agreement does not bind either party to adopt the proposed master plan or any portion thereof. The Town and the County and their respective Planning Commissions do not delegate any legislative authority they may have for the adoption or approval of the proposed master plan within their respective jurisdictions. 6.. This, Agreement contains the entire agreement between the parties and may be amended only in writing and said amendment being executed by all parties to this Agreement. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk . BOARD OF COMMISSIONERS I,ARIMER COUNTY - 4 - 29-20-104. Powers of local Governments. (1) Without limiting or ~ ~~ ~ superseding any power or authority presently exercised or previously granted, each local government within its respective jurisdiction hae the authority to plan for and regulate the use of land by: (a) Regulating development and activities in hazardous areas; (b) Protecting lands from activities which would cause Lmmediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species; (c) Preserving areas of historical and archaeological importance; (d) Regulating, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477) but does not include authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized for mining claim purposes by 30 U.S.C. 21 et seq., or under any specific permit or lease granted by the federal government; (e) Regulating the location of activities and developments which may result in significant changes in population density; (f) Providing for phased development of services and facilities; (g) Regulating the use of land on the basis of the impact thereof on the community or surrounding areas; and Ch) Otherwise planning for and regulating the use of land 00 as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights. 29-20-105. Interaovernmental cooperation. (1) Local governments are authorized and encouraged to cooperate or contract with other units of government pursuant to part 2 of article 1 of this title for the purposes of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations. (2) (a) Without limiting the ability of local governments to cooperate or contract with each other pursuant to the provisions of this article or any other provision of law, local governments may provide through intergovernmental agreements for the joint adoption by the governing bodies, after notice and hearing, of mutually binding and enforceable comprehensive development plans for areas within their jurisdictions. This section shall not affect the validity of any intergovernmental agreement entered into prior to the effective date of this section as amended. (b) A comprehensive development plan may contain master plans, zoning plans, subdivision regulations, and building code, permit, and other land use standards, which, if set out in â€¢pecific detail, may be in lieu of such regulations or ordinances of the local governments. (c) Notwithstanding any other statutory provisions of article 28 of title 30, C.R.S., review of comprehensive development plans by the planning commissions of the local governments shall be discretionary, unless otherwise required by local ordinance. This subsection (2) shall not apply to the requirements of sections 30-28-110 and 30-28-127, C.R.S. (d) An intergovernmental agreement providing for a comprehensive development plan may contain a .provision that the plan may be amended only by the mutual agreement of the governing bodies of the local governments who are parties to the plan. (e) In the event that a plan im â€¢ilent as to a specific land use matter, existing local land use regulatiqns shall control. (f) An intergovernmental agreement may contain a provision that a comprehensive development plan shall continue to control a particular land area even though the land area is annexed or jurisdiction over the land area is otherwise transferred purâ€¢uant to law between the local governmental entities who are parties to thâ€¢ agreement. (g) Each governing body that iâ€¢ a party to an intergovernmental agreement adopting a comprehenâ€¢ive development plan shall have standing in 36 0 Â¥ ... 0 ... . the mayor in the case of members selected or appointed by him, by the governing body in the case of the member appointed by it, and by the appointing power designated by the governing body in municipalities in which the mayor is not an elective officer. (4) Notwithstanding any provisions of subsections (1) and (3) of this section to the contrary, the governing body of each municipality may provide by ordinance for the size, membership, designation of alternate membership, terms of members, removal of members pursuant to subsection (3) of this section, and filling of vacancies of the commission. 31-23-204. Oraanization and rules. The commission shall elect its chairman from among the non ex officio members and shall create and fill such other of its offices as it may determine. The term of the chairman shall be one year, with eligibility for reelection. The commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. 31-23-205. Staff and finances. The commission may appoint such employees as it deems necessary for its work; except that the appointment, promotion, demotion, and removal of such employees shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality. The commission may also contract, with the approval of the governing body, with municipal planners, engineers, and architects and other consultants for such services as it requires. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the governing body, which shall provide the funds, equipment, and accommodations necessary for the commission'e work. 31-23-206. Master plan. 11) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission' s judgment bear relation to the planning of such municipality. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission'g recommendations for the development of said territory including, but not limited to: (a) The general location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces; (b) The general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes; (c) The removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the ways, grounds, open spaces, buildings, property, utility, or terminals referred to in paragraphs (a) and (b) of this subsection (1); and (d) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. 'Such a zoning plan may protect and assure access to sunlight for solar energy devices; However, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (2) Am the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. 48 Board of Trustees - December 14, 1993 - Page 2 as amended, and it passed unanimously. Community Development Committee, December 2, 1993. Trustee Dekker commented that pursuant to a presentation made by Lani Van Eck, Community Development Specialist/Larimer County Human Development Department, the Committee recommended approval of a funding request in the amount of $2,000 for the Affordable Housing Information System. As the Estes Park Housing Authority will conduct its first meeting in January, it was moved and seconded (Dekker/Hix) the funding request be continued to the Town Board meeting scheduled January 25, 1994, and it passed unanimously. CTION ITEMS: 1. pecial Events Committee, December 9, 1993: A. Report on Decision Model and 1994 Budget Town dministrator Klaphake reviewed the Event De ion Model w ch listed 22 special events by priori . The 1994 Spe 'al Event Budget was also reviewed. B. Lions ub Concession Stand Aqreemen . The Committee recommen d approval of the 1994 Li s Club Concession Stand Agre ent which provides for % of the gross sales to be paid rent for the premi s, plus a $75.00/year flat fee tow d natural gas e enses. All insurance coverages have en revised t at least $150,000/injury and $600,000/occ rence. was moved and seconded (Hix/Habecker) th 1994 ons Club Concession Stand Agreement be approve , an it passed unanimously. 2. Board Room Sound Svstem - Authorization to Purchase. Administrator Klaphake and le O'Connor briefed the Trustees on a proposal submitte by N ional Speaker and Sound to purchase and install a ew soun system for the Board Room. The proposal was sub tted in two hases: Phase I hardware $6,357.00 and labor ,143.00 for a tal of $7,500.00. Phase II hardware is $3, 47.50 plus $1,637. : labor. The total project is $12,7 4.50. The 1993 Buc ontains $7,500 for this expenditu ; the remaining funds oe transferred from the 1994 Co ingency Fund. It v iyed and seconded (Dekker/Hi the National Speaker and 541nd proposal be accepted, nd that $5,285.00 be transferre~from the 1994 Conting cy to Administration, and it passed ul,~imously. 3. Appo' tments, Re-Appointments, Resignations: A Appointment to Estes Valley Public Library Distiâ‚¬ct. It was moved and seconded (Hix/Habecker) Kathleen 4nnigan be appointed to complete the 5-Year Term currentlkheld by Barbara Ludwig who has resigned. Ms. Hannigan' sperm will. expire December 31, 1996. This recommendation *~11 be forwarded to Larimer County for their approval. ~ B. Reappointment to Estes Park Building Authority. It wa* moved and seconded (Hix/Doylen) Richard D. Widmer be re- 1 , RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION TO REAPPROPRIATE THE TOWN OF ESTES PARK'S 1993 ENCUMBERED FUNDS TO THE 1994 BUDGET. WHEREAS, the Town of Estes Park's accounting system incorporates a purchase order system which encumbers the budget when commitments are made; and WHEREAS, encumbrances that were not liquidated in calendar year 1993 are reserved from the Ending Fund Balances; and WHEREAS, the Town of Estes Park intends to carry forward to 1994 the encumbered budget authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The following 1994 budgets be amended to carry forward the 1993 encumbered funds. 1994 1994 Original Revised Fund Encumbrance Budget Bud get General Fund 107,371 6,554,307 6,661,678 Museum 2,669 156,485 159,154 Conference Center Fund 2,360 449,279 451,639 Special Events Fund 17,635 459,860 477,495 Light & Power 73,384 6,259,497 6,332,881 Water 3.708 1.592.433 1.596.141 TOTALS 207,127 15,471,861 15,678,988 2. The reservation of the 1993 Ending Fund Balances is the funding source for the budget amendments. ADOPTED this 25th day of January, 1994. Mayor ATTEST: Town Clerk RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION TO REAPPROPRIATE THE TOWN OF ESTES PARK'S 1993 ENCUMBERED FUNDS TO THE 1994 BUDGET. WHEREAS, the Town of Estes Park's accounting system incorporates a purchase order system which encumbers the budget when commitments are made; and WHEREAS, encumbrances that were not liquidated in calendar year 1993 are reserved from the Ending Fund Balances; and WHEREAS, the Town of Estes Park intends to carry forward to 1994 the encumbered budget authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The following 1994 budgets be amended to carry forward the 1993 encumbered funds. 1994 1994 Original Revised Fund Encumbrance Budget Budget General Fund 107,371 6,554,307 6,661,678 Museum 2,669 156,485 159,154 Conference Center Fund 2,360 449,279 451,639 Special Events Fund 17,635 459,860 477,495 Light & Power 73,384 6,259,497 6,332,881 Water 3.708 1.592.433 1.596.141 TOTALS 207,127 15,471,861 15,678,988 2. The reservation of the 1993 Ending Fund Balances is the funding source for the budget amendments. ADOPTED this 25th day of January, 1994. Mayor ATTEST: Town Clerk January 21, 1994 MEMORANDUM TO: Mayor Dannels Board of Trustees Town Administrator Klaphake FROM: Vickie O'Connor, Town Clerk Due to a Bylaw Amendment, the terms of office for the Estes Valley Public Library District Board are now 4 years. John Adams and Dennis McHenry were recently appointed to 5-year terms and I would like a motion correcting the terms of office for Messrs. Adams and McHenry. I will forward the correction to Larimer County. Thank you. January 25, 1994 TO: TOWN BOARD MEMBERS RE: BUSINESS LICENSE FEE Dear YTH, 0<-0/0/2.g\ k~:f L.Al VV , V j I would like to again address the issue concerning home daycare providers paying a Town business license fee. It occurred to me that there may be some facts you are not aware of. I have personally spoken to each licensed childcare provider in Estes Park. Before last year not one provider had to pay a fee to the Town or had any knowledge that such a fee was required. Last year was the first year in home daycare "history" that any provider was required to pay a Town fee, in Estes Park. However, only one provider was required to pay this fee, that person was myself. Some of us have come to recent Town Board meetings to share our thoughts and concerns. We said that we desire to be exempt from the Town fee. It is more correct to say we desire to continue to be exempt from the fee, because we have been in the past. Daycare homes are legitimately in a different category than most businesses. We are licensed, regulated, and charged a fee by the State. The State sets a limit on our volume of "customers". We can only care for six children each day, according to State law. Obviously, this puts a ceiling on the amount of income we can earn. If we have preschool age children of our own at home, they are included in the limit of 6 -and our income is limited even more. My point is that a home daycare business is not in the same "class" as other businesses in town as far as the ability to compete financially. For that reason alone, we should not have to pay the same fee amount. If we are required to pay a Town fee, we ask that a reasonable amount be considered. The state requires us to pay $25.00 every two years. We consider $25.00 per year to be reasonable, compared to $200.00. Is it fair for a person who cares for children in their home and earns $15,000 per year to pay the same fee a tourist dependent business pays? The idea for having another category for home based businesses is a good one. It is understandable that it may be hard to decide what is fair for different bus- inesses to pay for a license fee. We believe fairness is the key. On behalf of Estes Park's home childcare providers, 44Â»t Lau CHILDCARE PROVIDER