Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PACKET Town Board 2000-01-11
Prepared 1 /05/00 *Revised 1/11/00 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 our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 11, 2000 7:00 p.m. AGENDA i PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT CALENDAR: 1. Town Board Minutes dated December 14,1999. 2. Bills. 3. Committee Minutes: A. Public Safety, January 6,2000 Police Dept.: 1. Contract w/Estes Valley Victim Advocates, Inc. 4. Estes Park Planning Commission, December 21, 1999 (acknowledgement only). 5. Board of Adjustment, January 6,2000 (acknowledgement only). 6. Re-appointment of Richard Matzke to the Platte River Power Authority Board of Directors. Term to commence January 1, 2000 and expire December 31, 2003. 7. Resolution #1-00 - Designating the public place to post notices of Town meetings. 8. Final Plat of The Reserve, Second Filing, Nordic Construction & Development, Inc./Applicant - Continue to February 8,2000. 9. Kiowa Ridge Annexation and Final Plat (Marys Lake Rd./Fish Creek Rd.), William Van Horn, Bill & Donna Pike, Robert Koehler/Applicants - Continue to February 8,2000. Continued on Reverse Side 1 t 2. ACTION ITEMS: 1. Amended Plat of Lot 2, Mountain Man Subdivision, Windy City, LLP/Applicant: A. Mayor - Open Public Hearing. B. Sr. Planner Joseph - Staff Report. C. Public Testimony. D. Mayor- Close Public Hearing. E. Motion. 2. Estes Park Volunteer Fire Dept. Annual Report and Election of Officers - Fire Chief Dorman and Secretary Jon Landkamer. 3. Special Event Liquor Permit - Estes Park Area Historical Museum, February 18, May 12 and December 16, 2000. ~ 4. *Approval of use in public parking lot for Weekend Snowshoe . Activity Center - Larry Wexler and David Thomas/Chamber of Commerce. 3. TOWN ADMINISTRATOR'S REPORT: A. Adjourn Regular Town Board Meeting TO Work Session To discuss the following items: 1. Proposed Intergovernmental Agreement w/Larimer County concerning the Estes Valley Development Code (EVDC): 2. Housing Authority Governance. The Work Session is an Open Meeting. The public is invited to attend, however, public comment at this session is inappropriate. 2 Town of Estes Park, Larimer County, Colorado, December 14,1999 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14th day of December, 1999. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Stephen W. Gillette George J. Hix Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Dekker called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Jeffrey briefed the Board on the NLC Conference recently held in Los Angeles. Trustee Jeffrey represented Estes Park, and she is serving a 2-yr. term as a representative for Colorado and the Small Cities Committee. 1. CONSENT CALENDAR: 1. Joint Town Board and County Commissioners Minutes dated November 3, 1999, and Town Board Minutes dated November 23, 1999. 2. Bills. 3. Committee Minutes: A. Public Safety, December 2, 1999: Police Dept.: 1. Policy Manual - Revision to Section 11.2 Bullet Resistant Vests. Fire Dept.: 1. Resolution #37-99 - Specifying need for additional volunteer firemen. B. Light & Power, December 9, 1999: 1. Wind Energy Program. 2. Telephone System Upgrade. 3. Estes Substation Trenching Contract. 4. Estes Valley Planning Commission, October 22, 1999 (acknowledgement only). 7 Board of Trustees - December 14, 1999 - Page 2 5. Estes Park Planning Commission, November 16, 1999 (acknowledgement only). 6. Amended Plat of Lots 2 and 3, Dill Subdivision, Rick & Cathy Dill/Applicant. Mayor Dekker opened the Public Hearing and Town Attorney White read the staff report, confirming that all Planning Commission items have been met. Chris Kuglics/Estes Park Surveyors appeared on behalf of the owners. As there was no public testimony, Mayor closed the Hearing. It was moved and seconded (Doylen/Hix) the Amended Plat of Lots 2 and 3, Dill Subdivision be approved, and it passed unanimously. 7. Final Plat of The Reserve, Second Filing, Nordic Construction & Development, Inc./Applicant. Continue to January 11, 2000. It was moved and seconded (Doylen/Hix) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. Ordinance #14-99 - Deleting Chapter 2.78 thus Disbandinq the Senior Center Advisory Board. Staff noted that in 1998, the Town established the Senior Center Advisory Board to assist the Senior Center in transitioning from a private entity to Town management. In addition to the Town Advisory Board, this entity has a private non-profit board (Estes Park Senior Citizens Center, Inc.) and the same members serve on both boards. Board members have agreed that the interests of all are best served with the dissolution of the formal Mayor-appointed Senior Center Advisory Board. As this Advisory Board was established by ordinance, an ordinance must be adopted deleting Chapter 2.78. Town Attorney White read the Ordinance, and it was moved and seconded (Doylen/Hix) Ordinance #14-99 be adopted, and it passed unanimously. An identical situation has occurred with the Stanley Hall Advisory Board. Their formal board is the Friends of Stanley Hall, Inc. It was moved and seconded (Doylen/Gillette) the Mayor-appointed Stanley Hall Advisory Board be disbanded, and it passed unanimously. 2. Ordinance #15-99 - Amending Section 2.52.020 Amending the Municipal Judge Salary. Town Administrator Widmer commented that the Town revises the Municipal Judge salary every other year. Staff is recommending an increase to $15,488.00. Town Attorney White read the Ordinance, and it was moved and seconded (Baudek/Hix) Ordinance #15-99 be adopted: and it passed unanimously. Attorney White commended Judge Brown on the operation of the Municipal Court system. 3. 1999 Budget Supplement Resolution #38-99. Finance Officer Vavra presented a.Resolution supplementing the General Fund and Light & Power Fund 1999 Budgets. It was moved and seconded (HixiBarker) Resolution #38-99 be adopted, and it passed unanimously. 4. New Tavern Liquor License Application filed by Appenzell Corp., dba APPENZELL INN, 1100 Big Thompson Ave. Mayor Dekker opened the Public Hearing and Town Clerk O'Connor presented the Staff Report. David Habecker, owner commented that the liquor license is meant as a convenience for their guests, and he confirmed that the owners have obtained T. I.P.S. training certification. Trustee Baudek commented that the Town Board and Police Dept. take liquor licensing very seriously for obvious reasons, and that this application if the first where mandatory T. I.P.S. training 't Board of Trustees - December 14, 1999 - Page 3 has been completed prior to the public hearing. There being no further public testimony, Mayor Dekker closed the public hearing. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Doylen/Hix) the new Tavern Liquor License be granted, and it passed unanimously. 5. T.A.B.O.R. Agreements (Standard Renewals).Town Administrator Widmer stated that every December, the Town Board approves the renewal of the next year's lease agreements and other annually renewable financial payments that are contained in the budget for that year. Since the 2000 Budget has been adopted, and the funds are appropriated for next year, it is time to consider the agreements and payments. Approval is made to meet the T.A.B.O.R. requirement that states the Town cannot enter into multi-year financial obligations unless they are annually renewable and annually appropriated. The list of T.A.B.O.R. Agreements was acknowledged. Trustee Hix cited a potential conflict of interest and stated he would not participate in discussion nor vote. It was moved and seconded (Doylen/Gillette) the list of T.A.B.O.R. Agreements, as presented, be approved for budget year 2000, and it passed unanimously. 6. Appointments. Mayor Dekker announced the following appointments: A. Building Authority: Rich Widmer, 3-Yr. Term expiring 1/03. B. Museum Advisory Board: Eugene Oja and Nancy Schiaffo, 4-yr. Terms expiring 1/01/04. 7. Resolution #40-99 Repealinq Resolution #7-87 concerning the Stanley Addition to the Town of Estes Park. Town Attorney White commented that when Resolution #7-87 was adopted, the Board declared an illegal subdivision of portions of Tracts 4 and 5 of the Stanley Addition. No building permits could be issued, nor any development plan or concept plan considered until a proper subdivision had been accomplished. The area in question is now known as the Stanley Historic District thus Resolution #7-87 should be repealed in its entirety. Attorney White read the Resolution, and it was moved and seconded (Doylen/Gillette) Resolution #40-99 be adopted, and it passed unanimously. 8. Re-enacting Ordinance #12-99 concerning Issuing Bonds for New Estes Substation. Town Attorney White commented that pursuant to a publication error made by the Trail Gazette on the previously adopted Ordinance #12-99, the Ordinance must be re-enacted and re-published in its entirety to facilitate the bond sale. Due to this error, an emergency clause has been included. Finance Officer Vavra briefed the Board on the bond sale adding that closing is planned December 29th. Approximately $100,000 of the bonds were marketed locally. It was moved and seconded (Hix/Barker) Ordinance #12- 99 be Re-enacted in its entirety, and it passed unanimously. Town Attorney White commended Bond Counsel for their diligence is finding and correcting this error. 3. TOWN ADMINISTRATOR'S REPORT: A. Blue Cross Blue Shield Medical, Dental, and Vision Insurance Recommendations. Finance Officer Vavra updated the Board on the Town's insurance bids for medical insurance for year 2000. Staff requested bids mirror the Town's current plan with options for prescription cards and vision coverage. The Town's current carrier, Blue Cross/Blue Shield of Colorado, Board of Trustees - December 14,1999 - Page 4 offered the best renewal rates (10% increase). The dental insurance renewal rate is also 10% higher than the current rate. Vision insurance bids were received from Vision Service Plan and this coverage allows an eye exam every 12 months, new lenses every 12 months, and new frames every 24 months. An eye exam has a $10.00 co-pay, and basic frames are included; employees would be responsible for the price difference to upgrade frames. Participants that wear contact lenses for cosmetic purposes would have a $110 retail allowance. An employee must participate in the Town's medical coverage to be eligible for vision benefits. Staff confirmed that employees would pay $143.02/mo. for family coverage if they elect to take all options. Town Administrator Widmer also noted that In a CML benchmark study, the Town's benefits were lacking in this area. Mayor Dekker and Trustee Barker participated in a meeting with the Town's insurance consultant and although difficult, the best option is being submitted to the Town Board. Following discussion, it was moved and seconded (Barker/Gillette) the Town renew the current medical and dental insurance plans with Blue Cross/Blue Shield of Colorado at a 10% increase. For the employees who have family coverage, the Town will fund 5% of the increase from the Medical Insurance Fund and the remaining 5% will be passed-on to the employees. In addition, the Town will offer vision insurance as a new benefit at a single rate of $7.12 and family rate of $15.30/mo. The Town will pay 100% of the employee only coverage and split the family coverage at a rate of 75% Town, and 25% employee. Insurance coverage is effective January 1, 2000. The motion passed unanimously. Town Administrator Widmer thanked the Board on behalf of all employees. B. Sales Tax Update. Town Administrator Widmer reported that October Sales Tax revenues are up 4.31% over 1998; 4.42% year to date. C. Town Attorney White Report. Town Attorney White reported that International Concept Management, Inc. (ICM) has filed a lawsuit complaint against the Town claiming they have been adversely affected by an ordinance adopted by the Town. The ordinance in question is Initiated Ordinance #11-99 prohibiting the exhibition of animals. The ordinance was favorably voted upon by the electorate at the November 2nd coordinated election. The Town will be co-represented by J. Andrew Nathan/CIRSA. Town Attorney White will update the Trustees as additional information becomes available. Any questions to be directed to Attorney White. There being no further business, Mayor Dekker noted that due to scheduling conflicts, the December 28, 1999 Town Board Meeting has been cancelled, and he adjourned the meeting at 7:56 p.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk , BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 6,2000 Minutes of a Regular meeting of the Public Safety Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 6th day of January, 2000. Present: George Hix, Chairman, John Baudek, Stephen Gillette Attending: All Absent: None Also Attending: Assistant Town Administrator Repola, Deputy Chief Filsinger, Fire Chief Dorman, Deputy Town Clerk van Deutekom Chairman Hix called the meeting to order at 8:00 a.m. POLICE DEPARTMENT Contract with EVVA, Inc.: Deputy Chief Filsinger presented the Contract for Services between the Town and Estes Valley Victim Advocates, Inc. Chairman Hix directed Deputy Chief Filsinger to amend the signature page removing signature lines for Filsinger, Repola, and Town Attorney White and adding a signature line for Mayor Dekker. The Committee recommends approval of the Contract for, Services as amended. FIRE DEPARTMENT : None REPORTS Customer Surveys: Deputy Chief Filsinger presented the Customer Service Survey report for the 4th quarter of 1999. Chairman Hix directed Deputy Chief Filsinger to include previous quarters in the report to track customer satisfaction trends. 1999 Training of Sworn Personnel: Deputy Chief Filsinger presented the 1999 Sworn Personnel Training report. There being no further business, Chairman Hix adjourned the meeting at 8:25 a.m. 32. V*L/LitE&,~_ Rebecca van Deutekom, Deputy Town Clerk IMAC)FOR/PUBLISHING.0. RECORD OF PROCEEDINGS Estes Park Planning Commission December 21,1999 Commission: Chair Al Sager, Commissioners Harriet Burgess, Margaret Clark, Alma Hix, Edward Pohli and David Thomas Attending: Chair Sager, Commissioners Clark, Hix, Pohl, and Thomas Absent Burgess Also Attending: Director Stamey, Senior Planner Joseph, Town Attorney White, and Deputy Clerk van Deutekom Chair Sager called the regular meeting to order at 1:30 p.m. 1. MINUTES of the November 16,1999 meeting were approved as presented. 2. DEVELOPMENT PLAN a. Development Plan 99-11, Lot 7, Pine River Subdivision, Brenda Morrison/Applicant. Paul Kochevar of Estes Park Surveyors representing the applicant reviewed the proposal for construction of a 2 story, 4,000 sq. ft. building, with commercial use on the main floor and residential use on the second level. A variance has been granted on this lot to allow for the owner's residence on the second floor. Senior Planner Joseph reviewed the staff report. This development plan is consistent with the intent of the variance. The entire lot is covered by the 100 yr. Flood Plain. This should be noted on the development plan and the required raised finish floor elevation of the building should also be noted on the plan. The building must be designed and constructed to meet the UBC standards for construction in a flood plain. The note saying, "there shall be a maximum of one second story dwelling on this lot:" should be changed by adding the term dwelling Uunit" in the note. Town Attorney White noted that the development plan indicates that storm water emanating from offsite should be conveyed through this lot to the river. Since development plans are not recorded, there should be a separate easement document granting a drainage easement across the site to the river. Public Comment: Austin Condon representing the Alpine Anglers presented a letter outlining the concerns regarding destruction of valuable wetlands and requested denial of the development plan It was moved and seconded (Hix/Clark) that Development Plan 99-11, Lot 7, Pine River Subdivision be approved with the following conditions, and it passed unanimously. 1. The side linebuilding setback shall be dimensioned. 2. The entire lot is covered by the 100 yr. Flood Plain. This shall be noted on the development plan, and the reqdired raised finish floor elevation of the building shall also be noted on the plan. The building shall be designed and constructed to meet the UBC standards for construction in a flood plain. 3. The existing drainage easement shall be added. 4. The word "unit" shall be added after "2nd floor dwelling." 5. "Dumpsters shall be secured against bears." This note shall be placed on the plan. I.A.FOROPUBLISHING.0. RECORD OF PROCEEDINGS ' Estes Park Planning Commission, December 21, 1999 - Page 2 6. The following note shall be placed on the plan: "Approval of this development plan does not allow any construction activities in the river channel. Those activities require approval of the Corps of Engineers and a flood plain construction permit. The developer shall be responsible to prevent any erosion or run off of fill material into the river resulting from construction activities." b. Development Plan 99-12, Lot 44, Block 1, Fall River Estates, Fall River Estates, Inc./Applicant. Paul Kochevar of Estes Park Surveyors representing the applicant reviewed the proposal for a single building with 2,040 sq. ft. of commercial use on the lower level and one dwelling unit on the upper level. A twelve space parking lot is proposed. The site is almost entirely covered with wetlands and a Corps of Engineers permit is required. Mr. Kochevar responded to questions from the - Commissioners regarding the fill material of the parking lot and the Corps of Engineers application. Senior Planner Joseph reviewed the staff report. Receipt of a corrected copy of the Statement of Intent was requested. Letters of objection received from James and Deborah Kiple, Thomas Ewing, Kenneth and Patricia Czarnowski, and the Alpine Anglers Chapter of Trout Unlimited were summarized. Public Comment: Public comment in opposition heard from Dr Richard Doutt, Austin Condon (Alpine Anglers), Ken Czarnowski, and David Thomas (1056 Fall River Court). It was moved and seconded (Pohl/Saged that Development Plan 99-12, Lot 44, Block 1, Fall River Estates, be approved as presented with the following conditions, and it passed. Those voting yes: Thomas, Pohl, Sager. Those voting no: Hix, Clark. 1. The Town shall not issue a building permit prior to the applicant securing the required Corps of Engineers permit. No development activity or site work/site disturbance of any kind (including but not limited to clearing, grading, or filling) shall be permitted prior to issuance of a building permit by the Town. A note to this effect shall be placed on the approved Development Plan. 2. Prior to issuance of a building permit the applicant shall prepare a construction site plan that shows in detail the limits of site disturbance as defined in the Corps of Engineers permit. This construction plan shall identify construction fencing as required to provide assurance that construction activity will be executed in conformance with the Corps of Engineers permit. 3. The drainage easement shall be dedicated to provide for the conveying of water that discharges onto the site and across the site to the river. 4. The Fall River Court water main and proposed water service line shall be shown on the site plan. It was moved and seconded (Pohl/Thomas) a letter be forwarded to the Corps of Engineers expressing the deep concern of this Commission that this is an inappropriate use for this property and approval was granted only because this is an allowable use under the current code. The Commission believes that wetlands in the Congmont/Ft. Collins area is unfair to the community, and it passed unanimously. 3. SUBDIVISIONS a. Amended Plat, Lot 2, Mountain Man Subdivision, Windy City, LLP/Applicant. Paul Kochevar of Estes Park Surveyors representing the applicant reviewed the proposal for a new 16,000 sq. ft. retail/office/residential building. The existing building is being removed. BRADFOROPUILISHINGCO RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21, 1999 - Page 3 Senior Planner Joseph reviewed the staff report. A pedestrian/sidewalk easement should be added to the plat to provide a minimum eight foot wide easement around the proposed street loading zone pull out. The existing Riverwalk easement shall be noted as an existing easement with reception number noted. Mr. Kochevar responded to questions by Commissioners regarding the planters and removal of the building. There were no public comments. It was moved and seconded (Hix/Clark) that the Amended Plat of Lot 2, Mountain Man Subdivision be approved with the following conditions, and it passed - unanimously. 1. A pedestrian/sidewalk easement shall be added to the plat to provide a minimum eight foot wide easement around the proposed street loading zone pull out, this shall be noted as a new easement dedicated with this plat. 2. The existing Riverwalk easement shall be noted as an existing easement with reception number noted. 3. Clarification of a graphic line that appears on the plat noting the back of the sidewalk along the street shall be labeled. b. Preliminary Plat, Tracts 43 & 46, Fall River Addition, SW % of Section 24-05-73, Charles F. Hix, Jr. TrusUApplicant. Commissioner Hix declared a conflict of interest and left the meeting. Frank Hix, 501 Big Horn Drive representing the Charles F. Hix Jr. Trust reviewed the project to divide a portion of Tract 46 and Tract 43 Fall River Addition into three lots: proposed Lot 468, proposed Tract 43A, and the remainder of Tract 46, to be known as Lot 46A. Bill Van Horn of Van Horn Engineering representing the applicant stated that a petition for an exception to Section 16.16.020(b)(2) of the Municipal Code had been filed. This exception would allow Lot 46B to have access to the existing driveway on which it is situated. Senior Planner Joseph reviewed the staff report. Access to the proposed new Lot 468 is proposed via an existing private drive crossing Lot 41 B. The applicant has submitted documentation of this right of access to the Town Attorney for review. Approval of this plat will eventually lead to a total of 7 residences that take their access from this private drive. Two of these properties have an alternative access from Big Horn Drive. Section 16.16.020 places a limit of 4 dwellings on a private drive. This subdivision proposal requires an exception to Section 16.16.020. Public Comments: Those speaking in opposition to the exception: Ann Racine, 461 Big Horn Dr.; John Phipps, 585 W. Wonderview Ave.; Paul Kochevar; Harry Livingston, 625 W. Wonderview Ave.; Bob Miller representing Charlotte Miller; and Don Widrig. Items discussed included code restrictions for private driveways, emergency vehicle access, road grades, easement previously granted, road condition and width of Big Horn driveway, requirements for ia geological survey, and driveway maintenance agreements. Town Attorney White responded to questions by Commissioners regarding exceptions and limitations of private driveways. Commissioner Pohl read Fire Chief Dorman's letter outlining the Fire Department's concerns regarding access. BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS , Estes Park Planning Commission, December 21, 1999 - Page 4 Mr. Van Horn verified that Mr. Hix agreed to maintain the driveways and agreed to limit building sites to one single family residence on each lot (46A and B). Chair Sager noted the following: a) That there are special circumstances or conditions affecting the property. b) That the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner. c) That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated, or in conflict with the purposes and - objectives of the subdivision and zoning code. It was moved and seconded (Sager/Pohl) that the private drive exceptions for Tract 46A via the access from Wonderview across the easement on Livingston, and Tract 468 via the existing private drive connecting to Big Horn Drive be approved with the following conditions, and it passed unanimously: 1. Lot 46B and Lot 43 will maintain the respective driveways. 2. Lot 46B will be limited to one single family building lot. 3. Lot 46A will be limited to one single family building lot. Chair Sager recessed the meeting at 4:47 p.m. Chair Sager reconvened the meeting at 5:00 p.m. Mr. Van Horn reviewed the lot subdivision. Both lots will be restricted to single family residential use with a single residence on each lot. There will not be a request from the applicant to access the 38-acre parcel from either 46A or 46B. The applicant will note this on the Final Plat. The developer shall install water and sewer or possibly a septic system on 46A. Mr. Van Horn responded to questions from Commissioners regarding geological studies and blasting concerns. A building envelope will be shown on Lot 46A that will restrict development to one single family residence. Senior Planner Joseph reviewed the following conditions: 1. A drainage easement shall be provided along the south line of the proposed Lot 46B to address the existing natural ravine. 2. Access to Lot 46A will be restricted to Wonderview Ave. (Hwy. 34 Bypass) through an easement on the Livingston property. The applicant shall obtain a CDOT access permit for this access to 46A prior to approval of a Final Plat. 3. Formatting-of the plat shall be changed and revised and labeled as Preliminary Plat removing the vested rights statement and other block information that is normally associated with a Final Plat. 4. Contours shall be added to Preliminary Plat. 5. A building envelope, including septic plans, shall be shown on 46A. A septic permit would be provided with the Final Plat. 6. A drainage easement shall be shown on 46A on the existing drainage. 7. A driveway plan prepared by the Engineer shall be submitted with the Final Plat for 46A. The driveway shall be included in the improvement guarantee on the Final Plat. 8. Specific language with the Final Plat with the exceptions. Public Comments: Those speaking in opposition to the lot subdivision: Don Widrig; Dr. George Crislip, 651 Big Horn Dr.; Larry Jones, 535 W. Wonderview Ave.; Connie Phipps, 585 W. ' BRADFORDPUBLISHING.0 RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21, 1999 - Page 5 Wonderview Ave. Items discussed included rock formations, Jones property easement; geological survey by state geologist. It was moved and seconded (Thomas/Clark) that a revised preliminary plat be submitted, and that the subdivision request of Lot 46B be continued to January 188, and it passed unanimously. Commissioner Hix returned to the meeting. c. Final Plat, Kiowa Ridge Subdivision of the proposed Kiowa Ridge Addition, Van Horn-Pike-Koehler/Applicants. Bill Van Horn of Van Horn Engineering representing the applicant reviewed the proposal for a total of 31 building lots and two unplatted -- tracts. A water tank is also proposed to serve the new lots. This tank is to be located on Outlot A to be dedicated to the Town. Lots 1 through 30 will take their access off of Marys Lake Rd. and Hwy. 7. Lot 31 will take its access off an existing private drive farther south on Hwy. 7. Director Stamey reviewed the staff report. A CDOT access permit will be required and CDOT must review and comment on the revised street plan and proposed highway access. The Developer must provide all CDOT access improvements if any are required. The Plat will dedicate ROW along the north line of the subdivision where Kiowa Drive connects to Marys Lake Rd. Extension of this ROW to provide access to the Marys Lake Lodge parcel is now provided. The private drive access from Kiowa Court is placed in a private access outlot, not to be dedicated as public ROW. This outlot is specifically labeled to note the lots it is intended to serve (limit of 4). A shared access and maintenance agreement should be provided for this private drive. The outlot should be owned in common by the lots that share this access. Town Attorney White discussed two items raised at the last meeting. 1) Mr. Andrews does not have an adjudicated water right. He has a license to take water pursuant to an agreement that can be terminated at any time by the owner of the property. 2) The covenants have been recorded and do allow access and maintenance to the road servicing the upper lots. Public Comments: Cynthia Krumme requested and received clarification on a shared access easement. Kimball Krismen, 2625 Marys Lake Rd. representing Marys Lake Lodge expressed support for the project. It was moved and seconded (Thomas/Pohl) that the Final Plat, Kiowa Ridge Subdivision of the proposed Kiowa Ridge Addition, be approved with the following conditions, and it passed unanimously. 1. A shared driveway is proposed for Lots 16, 17, and 18. This will require a shared maintenance agreement. Note on the plat and covenants. a. The Developer shall construct the shared portion of this driveway. 2. It shall be the Developer's responsibility to remove existing buildings on site prior to the salebf lots on which the structure is removed. 3. All existing roads that are to be abandoned shall be re-vegetated and reclaimed. 4. The Town Engineer shall approve the drainage easement and roadway and construction drawings prior to the Final Piat being placed on the Town Board agenda. 5. The proposed roadway cross culvert locations should be studied carefully in relationship to the street profile to confirm the position of the proposed drainage easements located at their outlets. BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Park Planning Commission, December 21, 1999 - Page 6 6. Shared maintenance agreements shall be provided for the private drives. This agreement shall be recorded, and shall be used to identify those lots permitted to access off the private drive and obligated to share in its maintenance. The covenants shall list the maintenance agreement. 7. Hwy. 7 access shall require a CDOT access permit and have the permit prior to Town Board approval. 8. The Developer has an agreement for undergrounding the power line or an easement shall be placed on the Plat prior to being placed on the Town Board agenda. 9. Any lot that cannot be served by gravity sewer shall be identified with a note on the final plat. Lift stations shall be built and maintained by individuals served by the stations. 10. The Lot 28 property line shall be corrected. 11. Water tank pump systems plans shall be approved by the Public Works Department prior to the first building permit and the system shall be constructed prior to the first Certificate of Occupancy. 12. A temporary easement for snowplow turnaround shall be provided. REPORTS - None Director Stamey expressed appreciation for the efforts of Bill Van Horn and Bob Koehler during the wetland discussions. There being no further business, Chair Sager adjourned the meeting at 6:30 p.m. 3¢Vaa A ---t---~ Rebecca van Deutekom, Deputy Town Clerk BRADFOROPUOLIS,UNGCO. RECORD OF PROCEEDINGS Regular Meeting of the Board of Adjustment January 4,2000,8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne Newsom and Al Sager Attending: All Also Attending: Director Stamey, Chief Building Official Birchfield and Recording Secretary Wheatley Absent: None Chair Baudek called the meeting to order at 8:00 a.m. MINUTES The minutes of the November 2,1999 meeting were accepted as presented. ELECTION OF OFFICIERS John Baudek was nominated Chair and Al Sager was nominated Vice Chair and it passed unanimously. LOT 32A, WHITE MEADOW VIEW PLACE SUBDIVISION, APPLICANTS: LON KINNIE AND BILL & JAN HANKS - VARIANCE REQUEST TO ALLOW SIX TRANSFERRED DWELLING UNITS TO BE BUILT AS INDIVIDUAL FREE- STANDING UNITS. Director Stamey reviewed the Staff Report. Lon Kinnie represented the applicants. The variance request was to modify the unit configuration from two tri-plexes to six freestanding units. Mr. Kinnie noted they were not sure, at this point, of the exact building configuration. Direction from the Board: Drawings should be specific with regard to lines for the receiving areas and with the appropriate scale. Development Plan must be submitted within 6 months upon Board approval. Due to an existing Development Agreement between the Applicant and the Town of Estes Park, anything the Board of Adjustment would approve, must also be approved by the Board of Trustees. The plan approved 11 months ago has not been completed as approved, i.e. shed removed and painting on the rear of the two houses. Applicant advised the houses would be painted in the next two months and anticipates removing the shed at the time the construction of the new units begins this spring. It was the consensus of the Board that the individual units were preferable to multi-unit buildings. The applicant was instructed to return with a final plan of building type and specific location on the property in order for the Board to approve a specific plan and variance. BLACK CANYON INN, MEYER ADDITION, APPLICANT: JIM SLOAN -SETBACK VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1) b. Board Member Barker declared a conflict of interest and left the meeting at 8:30 a.m. Chief Building Official Birchfield presented the Staff Report. Paul Kochevar represented the applicant, Jim Sloan, who was also present. BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment January 4,2000 Page 2 Direction of the Board: The building could possibly be rotated to reduce the setback variance. Public Comments: Paul Garrett, Director of St. Bartholomew's Church, supports the proposal as presented and would prefer the building not be rotated as it would interfere with the view corridor from the church. Al Persons also supports the proposal as presented. It was moved and seconded (Newsom/Jeffrey) to approve the variance request with the following recommendations and it passed with one abstention (Board Member - Barker). Those voting "Yes" - Members Jeffrey, Newsom and Baudek. Those voting "No" - Member Sager based on his inspection of the properly which indicated the rotation of the building did not interfere with church views. 1. The reduced setback shall not encroach more than existing structure. , 2. The west end of the proposed building should be rotated as close as possible to the Town water main easement, thereby increasing the side setback. 3. The reduced setback shall not be less than fifteen feet. 4. An improvement survey shall be provided priorto placing foundation concrete. 5. Construction fencing to protect 30" tree. REPORTS None. There being no further business, Chair Baudek adjourned the meeting at 9:00 a.m. John Baudek, Chair Meribeth Wheatley, Recording Secretary RESOLUTION NO. 1-00 WHEREAS, Section 26-6-402(2)(c) of the "Colorado Sunshine Act of 1972" as amended, requires a municipality to designate a public place to post notices of its meetings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the lobby area immediately adjacent to the Administrative Offices in the Estes Park Municipal Building, located at 170 MacGregor Avenue, Estes Park, Colorado, is hereby designated as the Public Place for Posting Notices of Town Meetings. DATED this day of ,2000. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk MEMORANDUM To: Honorable Mayor Dekker and Board of Trustees From: Bob Joseph, Senior Planner *til Date:1-7-99 Subject: Amended Plat of Lot 2, Mountain Man Subdivision Location: 356 East Elkhorn Ave. Applicant: Windy City, LLP 8-4 , ,/ 5* ' S ITI~- , >. t =070*N HALL, 1 1 % ~.24.49~ LP #Rk 7.ep./.- Jic m 3 4-5 1 Rive# 7 4 81. 1%11 1 -- Background: Number of lots: one existing, two proposed Size of lots: 11,280 s.£ and 12,088 s.f. Existing Zoning: CD- Downtown Commercial Existing Land Use: redevelopment parcel, was gas and food service, to be redeveloped This property is located on the south side of Elkhorn Ave. east of Brownfield's. It is the former "Stingers" site. This is a proposal to subdivide Lot 2 of the Mt.Man Subdivision into two approximately equal lots that are to be redeveloped. The Planning Commission has approved both this Amended Plat and the associated Re-Development Plan. Recommendation: The Planning Commission recommends approval and all conditions have been met. 1 Estes Park Volunteer Fire Department END OF YEAR REPORT - 1999 -4 - j 0 +4~.2 A. ' 4 .. 'I' I .....: ./ 22 . 'll'... :4.3 61.09 ·% 1 gs*· 4 .' I'llillill.4//Mr li*184/~ 1999 Estes Park Volunteer Fire Department Year End Reports • Election of Officers • Financial Report • Training report • Incident Run Report Submitted B~c__.5re,£O. )(~0„<.~ Scott Dorman, Fire Chief Jefrta,idker, Secltiry~---x /Jcu rlas f V Jl»Ad Doug Deat© Treasurer ESTES PARK VOLUNTEER FIRE DEPARTMENT 1999 ELECTION OF OFFICERS REPORT ESTES PARK FIRE DEPARTMENT ~ (VOLUNTEER) Iria'Suar.<.Fli~ PO BOX 1200 ESTES PARK, COLORADO 80517 January 5,2000 Town of Estes Park Board of Trustees PO Box 1200 Estes Park, CO 80517 Dear Town Board Members, Our annual Election of Officers was held at our December 7th, 1999 regularly scheduled business meeting. The results are as follows: • First Assistant Chief - Ray Parker • Second Assistant Chief - Daryl McCown • Secretary - Jon Landkamer • Treasurer - Doug Deats We respectfully request your approval of these Officers we have chosen to lead us in 2000. Sincerely, 30«-0- Jon Landlgmer EPVFD Secretary ESTES PARK VOLUNTEER FIRE DEPARTMENT 1999 YEAR END FINANCIAL REPORT Estes Park Volunteer Fire Department, Inc Balance Sheet 12/31/1999 Assets: Oppenheimer Funds (12/31/98 Statement) 5,188.46 Park National Bank Money Market 105,468.10 United Valley Bank Money market 25,624.67 United Valley Bank Checking Account 8,723.59 TOTAL ASSETS 145,004.82 Liabilities & Equity: Liabilities 0.00 Revenues 88,291.16 Expenditures (67,455.10) Current changes to Retained Earnings 20,836.06 Retained Earnings January 01, 1999 124,168.76 Ending Retained Earnings 145,004.82 1998 Financials/12/28/1999 Estes Park Volunteer Fire Department, Inc Operating Statement 12/31/1999 Month to Year to Date Date Revenue: Fund Drive 0.00 11,830.00 Donations 125.00 5,190.00 Labor Day 0.00 30,751.50 Restitution 951.84 951.84 Other Fund Raisers 0.00 6,451.11 Raffel Revenue 0.00 5,503.00 Cellphones 149.95 8,774.35 State Convention 0.00 14,842.10 Interest Earnings 316.88 3,997.26 TOTAL REVENUES 1,543.67 88,291.16 Expenditures: Telephone -78.96 7,205.34 Operating Supplies 160.69 1,258.40 Equipment 0.00 3,341.49 Training -39.55 2,994.70 Contributions 0.00 6,834.74 Other Expenses 955.57 11,220.72 Awards/Dues/Membership/Tution -50.00 797.65 Books & Software 0.00 0.00 Truck Maintenance 39.75 139.75 Dive Team 0.00 0.00 1999 State Firefighters Convention 0.00 23,383.93 Labor Day Craft Fair 0.00 2,639.65 Insurance Policies 0.00 7,190.00 Fundraising Expenses 85.29 153.29 Bank Charges 0.00 65.44 Tax Preparation/Audit 0.00 230.00 1998[Eli[MciBXPEIATWI!89ES 1,072.79 67,455.10 ESTES PARK VOLUNTEER FIRE DEPARTMENT 1999 YEAR END TRAINING REPORT 1999 TRAINING REPORT January 3,2000 Town Board of Trustees Estes Park, Colorado Training hours for 30 full time volunteers during 1999 totaled 1609.5 hours, resulting in an average of 53.6 hours per volunteer. Training in 1999 included the following: Fire behavior Fire extinguishers Incident command system Personal protective equipment Car fires Extrication Ventilation Fire streams Fire hose Water supply Salvage and overhaul CPR Dive rescue EMT Ice rescue Hazardous material Wildland fire Rescue Confined space rescue ladders and aerial use firefighter survival maze live scenarios Respectfully submitted, 02-0-_ Scott Dorman, Chief Estes Park Volunteer Fire Department 1999 Estes Park Volunteer Fire Department Run Reports Comnarision 1999 1998 Type of calls by number Type of call 1999 1998 EMT Assists 124 81 Motor Vehicle Accidents 78 71 Haz-Mat 30 39 Grass and Forest 32 32 False Alarms 35 32 Other 14 22 Assist Other Agency 14 20 Structures 11 13 Odor Investigation 8 9 Chimney 7 8 Dumpster & Trash 3 8 Dive Team 5 7 Vehicle Fires 10 7 Cooking/Heating Equip. Fires 7 4 Total 378 353 L- - 41% 2 9 r. V %4&6% * .4 95 59 - 40 -7 94 0 7% 0 9 75 - 4 V. E $ I. 96 904 0 r= . 4 , t.1~ I 4%~, r L.-4.7 64, %4 % 4050 .,·~ ...'.9 .,ip 15*99 2 - - i=..a·-A•.*J 1 9 0% 0140 A- ..9 .·.e +24·0*34 a e '' 4- 51, -/ 8 .,3 . :****M =4:*. f& -t I -b - 1 -7 . Fip.IMI,=40:3.4: 9.+%¥0"''d//3 0/rottev ·,!m.m - €26% . '90 1,"3,1 ; 1,1 I 4#042/44.4 0»*©t..11, 4,»11 1 . - - CES 1 1 2 2 0 . 94 -7,0 0 4 <4 /4 siwo,o Jaquln N 01999 c€a 0 1998 call4 - 0* Comparison 1999 & 1998 calls 140 120 - 100 60 - ..f 0 - te 00 N h N M N LO N a) to O 0 0, CO (O 1 Lo ... .EJ € 2 %6 (0 00 h h LO CO Type of Fire Call Count Man Hours mits City Limits Dollars Lost (est.) Dollars Saved (est.) EMT Assists 124 192.5 55 69 Motor Vehicle Accidents 78 581 36 42 $ 662,000.00 False Alarms 35 102.5 21 14 Grass and Forest 32 147.5 23 Haz-Mat 30 105 5$ 7,200.00 14 139 1 4$ 10,000.00 Structures 11 247.5 180,200.00 $ 1,135,000.00 00 009'6Z 9101 01. se]!3 eP!4@A 00 009' 1 Lt al! 3'dlnba Ouneel.1 JO OU!)1000 00.000'GEL'10 $ 00'00*'0176 $ 8810 066 9=£68 L 8ZE siejol Assist other agency 14 16.5 L L uo!}eD!1SeAU! JOPO 84 0313 Xeulll!40 9.Z, Weel GA!0 1999 Run Report Totals Other seJU Use]1 9 Jewdluna e iI R 6- C 0 bE = v k 6 2 O 0 O¤00.0.0.000..O.0000000000 N . .LV. 7... 4.. 3. 7 1, r .. E 9 I Wt.. 4. r A - 4: 1 -1 .... 2 4.,tr A *4/ - 9.-t t. · -2 4* r.. . 4 .....IT. - 21 6 A :I 00 4 A r.... k .... . - le- -9.f' m -:1 , .1 ...0 4%.I :1 I•/ I . *yyf ..4 f ! -45 00 4 9 M ¢9 10 Motor Vehicle Accidents Grass and Forest /[oueDe 30410 wis uo!;eD!;SeAU! , i,·.*. -2 ei!=1.dlnbEI DuneeH Jo 00!)1000 EMT Assists False Alarms Sel!3 elo!40A SeJ 4 4SeJ-L ¥ Jalsdluncl O Haz-Mat Structures Weel aA!0 1999 number of calls by type of call ... . 11 14 14 0£ ZE . I , V ..¢4> C 4 .V.4 0 2 '. El e 444 A 6) + + I - 6%6 +t % 36 .40; . - .%5> 0 - 419 14 -420 + -t 4) - 61. '44 0 0 - 54 .A - Ce:=~ 19 . ¢& % 1 . 10 Pl - 410 - 10/ '9 . ... 4 - "4% . 44 r '.; 1 r . 49 4 1 1> , 1 . . 49 2%6 O f - - 4 4 - 4 4 . t. El 10 F-HAM.~H=~'.~ 4 - t ~| J==1,;~-266'.11*44*MF *'.bc"we..6,;4- ,%, 98% 1 0 4,6 e 1 0% %%§ O 0 %. -7 siieo Jo JaqulnN 80 m1 Within City Limits O Outside City Limits 1999 Calls - within/outside City limits 70 . 60 -- sligo Jo edAL 40 - 20 - 50 - 30-- DR 8439 (06/97) 21 COLORADO DEPARTMENT OF REVENUE ' LIQUOR ENFORCEMENT DIVISION APPLICATION FOR A 1375 SHERMAN STREET DENVER CO 80261 SPECIAL EVENTS PERMIT (303) 205-2300 IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT LND ONE OF THE FOLLOWING mee back for details.) ./ CHECK ONE: OSOCIAL OCHARTERED BRANCH, LODGE OR CHAPTER - OF A NATIONAL ORGANIZATION OR SOCIETY U FRATERNAL ¤ RELIGIOUS INSTITUTION £ PATRIOTIC DPHILANTHROPIC INSTITUTION D POLITICAL O POLITICAL CANDIDATE DATHLETIC EMUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE ' LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE ~ p. 2110 ~ MALL VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 ~ FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Town of Estes Park 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) Estes Park Area Historical Museum Estes Park Area Historical Museum PO Box 1200 200 Fourth Street Estes Park, CO 80517 Estes Park, CO 80517 NAME'' ~ DATE OF BIRTH 'HOME ADDRESS (Street, City, State, ZIP} .PHONE NUMBER 4. PRESJSEC'Y OF ORG. or POLITICAL CANDIDATE 5. EVENT MANAGER --- Betty Kilsdonk 8-11-60 POB 1998, Estes Park, CO 586-6758 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ~ NO E1 YES HOW MANY DAYS? ~ NO ~ YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? ~Yes O No .UST BELOW THE:EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT ' 3 ~fl.j '. .i Date 2/18/2000 Date 5/12/2000 Date 12/16/2000 Date Date Hours From .m. Hours From .m. Hours From .m. Hours From .m. Hours From 5 To 7 P.m. 5 To 7 P.m. 5-ro 7 P.m. To .m. To OATH OF APPLICANT 1 declare under penalty of perjury in the second degree that 1 have read the foregoing application and all attachments thereto, and that a# information therein is true, correct, and complete to the best of my knowledge. SIGNATURE - TITLE 15 epu-* 4 (sel*A-- Museii-m Director ~REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The foregoing application has beeh exarnined and the premises, business conducted and character of the applicant*is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Artide 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) E] CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK El COUNTY 970/586-5331 SIGNATURE TITLE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABJLITY:INFORMATION ~ ~~ License Account·Number· 1Liability Date State TOTAL -750 (999) (Instructions on Reverse Size) E E . 91 R W %~ THIS AGREEMENT, effective this day of ,2000, between the TOWN OF ESTES PARK, COLORADO (the "Town"), and the BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, COLORADO (the "County"). WHEREAS, the Estes Park Planning Commission and the Larimer County Planning Commission have adopted the Estes Valley Comprehensive Plan ("Comp Plan") for the land area in the Estes Valley Planning Area ("the Planning Area'3; and. WHEREAS, the Comp Plan proposed a future uniform land use classification system and administrative procedures for the Planning Area; and WHEREAS, the Town and the County established the Estes Valley Planning Commission ("EVPC") by an Intergovernmental Agreement effective September 16, 1997; and WHEREAS, the EVPC has prepared and recommended the adoption of the Estes Valley Development Code ("EVDC"); and WHEREAS, the Town and the County have adopted the EVIDC; and WHEREAS, Section 30-28-117 (5), C.R.S., provides that the Town and the County may enter into an intergovernmental agreement for the purpose of establishing a joint zoning board of adjustment for the Planning Area; and WHEREAS, it is necessary for the Town and the County to enter into this Intergovernmental Agreement for the purpose of reenacting the appropriate portions of the Intergovernmental Agreement effective September 16,1997; providing for the administration of the EVDC within the Planning Area; allocating Town and County resources including necessary funding for administration of the EVDC and related functions within the Planning Area; establishing a joint zoning Board of Adjustment for the Planning Area; agreeing to parameters and procedures involving annexation of property to the Town within the Planning Area; and making all other necessary agreements for the efficient operation of the EVDC and administrative procedures for the Planning Area; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties hereto are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: I. AGREEMENTS This Intergovernmental Agreement hereby replaces and supercedes the Intergovernmental Agreement effective the 16th day of September 1997, between the Town and the County in its entirety. All work, decisions, and recommendations of the Estes Valley Planning Commission prior to the effective date of this Agreement shall remain in force and effect. II. THE ESTES VALLEY PLANNING AREA The Estes Valley Planning Area ("the Planning Area') is depicted on Exhibit "A", attached hereto and incorporated herein by reference. This map is also known as the Estes Valley Development Code Boundary Map. III. THE ESTES VALLEY PLANNING COMMISSION A. Authority. The parties hereby continue, pursuant to the terms and conditions of this .Agreement, the Estes Valley Planning Commission ("EVI?C") for the purpose of performing all of the duties, and responsibilities of a joint planning commission pursuant to the provisions of the EVDC. The EVI?C shall also have all of the duties, responsibilities, and obligations of Town and/or County planning commissions set forth in the Colorado Revised Statutes for the Planning Area. The EV]?C shall also have authority and be responsible for the Comp Plan. B. Membership. The EVI?C is composed of seven (7) members. Three (3) members shall be appointed by the Town and four (4) members shall be appointed by the County. Each member shall serve for a four (4) year term with each term beginning on January lst ofthe appropriate calendar year. The terms shall be staggered so that three (3) of the County appointees and one (1) of the Town's appointees shall serve the same term and the other three (3) appointees shall serve the alternate term. C. Residency. All appointees of the Town shall be residents of the Town for at least one (1) year prior to their appointment. All County appointees shall be residents of the unincorporated portion of the Planning Area for at least one (1) year prior to their appointment. All members shall continue to be residents of their respective areas during their entire term. A County appointee of the EVPC residing in an area annexed by the Town may continue to serve the remainder of that member's term. D. Officers. There shall be a Chair and a Vice Chair for the EVPC. Each shall serve for one (1) year terms, beginning with the first meeting in January of each year. The Chair shall be from the Town appointees in odd years and from the County appointees in even years. The appointment of the Chair 2 shall alternate between the Town and County appointees throughout the term of this agreement. The Vice Chair shall also alternate between the Town and County appointees, opposite that of the Chair, namely when the Chair is a Town appointee, the Vice Chair shall be a County appointee. The Chair and Vice Chair shall be chosen by the members of the Commission. The Vice Chair shall serve as the Chair in absence of the Chair. The EVPC may appoint such other officers, such as Secretary, as the Commission deems necessary for the conduct of its business. Said other officers may be non-members of the Commission. E. Attendance. All members shall attend all meetings, including special meetings of the EVPC, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. A Town appointed member may only be removed pursuant to the procedures set forth in Section 31-23-203 [3] C.R.S. F. Vacancv. Any vacancy occurring on the Commission shall be filled as soon as practical by appointment by either the Town or County. G. Meetings. Regular meetings of the EVPC shall be once a month. Special meetings may be called as necessary. H. By-laws: The By-laws of the EVI?C dated December 7, 1999, shall be the By-laws of the EVPC and are hereby approved by the Town and the County. IV. ESTABLISHMENT OF THE ESTES VALLEY BOARD OF ADJUSTMENT A. Authority. The parties hereby establish, pursuant to the terms and conditions of this Agreement, the Estes Valley Board of Adjustment ¢'EVBOA") for the purpose of performing all of the duties, responsibilities and obligations of the Estes Valley Board of Adjustment set forth in the EVDC and the statutory responsibilities of the Town and the County Board of Adjustment within the Planning Area. The EVBOA shall hear all variance requests pursuant to the terms and conditions of the EVDC. B. Membership. The EVBOA shall be composed of five (5) members. Three (3) members shall be appointed by the Town and two (2) members shall be appointed by the County. Each member shall serve a four (4) year term. The terms shall be staggered so that two of the Town's appointees and one (1) of the County's appointees shall serve until December 31, 2001. The other two (2) appointees shall serve until December 31, 2002. Thereafter, all appointees shall serve four (4) year terms. 3 C. Residency. All appointees of the Town shall be residents of the Town for at least one (1) year prior to their appointment. All County appointees shall be residents of the unincorporated portion of the Planning Area for at least one (1) year prior to their appointment. All members shall continue to be residents of their respective areas during their entire term. A member of the EVBOA in an area annexed by the Town may continue to serve the remainder of that member's term. D. Officers. There shall be a Chair and a Vice Chair for the EVBOA. Each shall serve for a one (1) year term, beginning with the first meeting in January of each year. The Chair shall be from the Town appointees in odd years and from the County appointees in even years. The appointment of the Chair shall alternate between the Town and County appointees throughout the term of this agreement. The Vice Chair shall also alternate between the Town and County appointees, opposite that of the Chair. The EVBOA may appoint other officers, such as Secretary, as deemed necessary for the conduct of business. Said other officers may be non-members of the EVBOA. E. Attendance. All members shall attend all meetings of the EVBOA, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. F. Vacancy. Any vacancy occurring on the EVBOA shall be filled as soon as practical by appointment by either the Town of County. G. Meetings. Regular meetings of the EVBOA shall be once a month, if necessary. V. DEVELOPMENT WITHIN THE ESTES VALLEY PLANNING AREA - ANNEXATION A. The Town agrees to consider the annexation of all properties within the unincorporated portion of the Planning Area which are eligible for or which can be made eligible for voluntary annexation in accordance with the provisions of Title 31, Article 12, C.R.S. upon the filing by the Owners of the property of one or more of the following development applications: 1. Subdivision. 2. Application for re-zoning. 3. Concept Plan. 4. Development Plan for Commercial Accommodation, Commercial or Industrial Property. 4 The Town shall not be required to consider annexation for development of any property within the unincorporated portion of the Planning Area for the following types of development applications: 1. Lot split. 2. Development plan for residential property. B. The Town also agrees to annexation of all County roads and rights-of-way, easements, etc. adjacent to a voluntary annexation in accordance with Title 31, Article 12, C.R.S., provided however, that the Town reserves the right not to annex such County roads and rights-of-way if annexation of such roads and rights-of-way would impede future annexation anticipated by the Town to be accomplished by use of a "flag-pole" configuration. C. The County agrees to require a binding annexation agreement as a condition of approval on any development application of the following listed land use approvals located within the unincorporated portion of the Planning Area but not eligible for voluntary annexation to the Town at the time of development application. 1. Subdivision. 2. Application for re-zoning. 3. Concept Plan. 4. Development Plan for Commercial Accommodation, Commercial or Industrial Property. D. The Town and County agree that annexation of any property within the Planning Area by the Town is subject to the sole legislative discretion of the Board of Trustees of the Town. E. As part of the annexation, the Town may require as part of the annexation for the Owners to enter into an annexation agreement. The terms and conditions of said agreement shall be in the sole discretion of the Town. F. The annexation may be processed contemporaneously with the development proposal under the applicable terms and conditions of the EVDC. In the event the Town determines at any time during the process not to annex the property, the review process shall continue through the EV]?C and the Board of County Commissioners. VI. Development Compliance With Other Town and County Requirements. A. The Town and the County have other operating rules, regulations, ordinances and requirements which may apply to development and use of property within the Planning Area. These include, but are not limited to the following areas of regulation: 5 ,, 1. Flood Plain Regulations. The Town and County shall administer their flood plain regulations within their respective jurisdictions. 2. Sign Regulations. The Town and County shall continue to administer their sign regulations within their respective jurisdictions except that the Town shall provide staff administration of applications for sign permits. 3. Building Permits. The Town and County shall continue to administer their building code, permit and inspection programs within their respective jurisdictions. 4. Streets and Roads. The Town Engineer and County Engineer shall maintain their responsibilities for ensuring proper road construction, maintenance and safety within their respective jurisdictions. 5. Drainage. The Town Engineer and County Engineer shall maintain their respective responsibilities, if any, for drainage improvements and maintenance within their respective jurisdictions. 6. Public Health and Safety. The Town and County shall maintain their respective responsibilities for public health, welfare and safety within their respective jurisdictions. 7. Wildfire Construction. Larimer County's building code requirements regarding construction in wildfire hazard areas shall apply in the unincorporated portion of the Planning Area. VII. Fees for Parks, Roads, Drainage, and Development for the Planning Area. 1. The County's road fees, community park fees, and drainage fees shall apply within the unincorporated portions of the Planning Area. The County's regional park fee shall not apply within the unincorporated portion of the Planning Area. 2. The Town agrees to study one or more of the above fees for possible inclusion for development within the Town. 3. The Town and County shall each maintain separate land use application fees for applications within their respective jurisdictions in the Planning Area. Said fees shall be collected by the Town as a part of its administrative responsibility and retained by the Town to assist the Town in recovering the cost of the Town's administrative duties pursuant to this Agreement. VIII. DUTIES AND RESPONSIBILITIES OF THE EVDC. A Recommendations of the EVI?C. 1. All development, subdivision or zoning decisions of the EVPC shall be advisory only. All fInal approvals of said decisions shall be the responsibility and obligation o f either the Board of Trustees or the 6 e Board of County Commissioners depending upon the geographic location of the land use proposal. 2. The EVPC shall have responsibility for the Estes Valley Comprehensive Plan as that responsibility is set forth in the applicable state statutes. IX. STAFFING AND COSTS A. Town and County staff shall cooperate in the review, approval, and monitoring of land use development within the Planning Area. Primary responsibility for all administration of staffing shall be with the Town's Community Development Department (CDD). B. Duties of the Town Community Development Department (CDD). 1. The CDD shall serve as the primary administrator of the EVDC. 2. The CDD shall serve as primary staff to the EVI?C, the Board of Trustees, and the Larimer County Board of County Commissioners for land use development within the Planning Area. CDD shall prepare all staff reports for matters before the EVPC, the Board of Trustees, the Board of County Commissioners, and the EVBOA. 3. The Town shall provide the necessary personnel to provide professional staffing of the CDD and its responsibilities pursuant to this Agreement. In consideration of the Town's obligations to provide the services set forth in this Agreement, the County shall pay to the Town on or before January 156 of each calendar year the sum of $30,000 during the term of this Agreement. The first payment of said sum shall be paid on or before January 15,2000. The $30,000 payment shall be increased annually by an amount equal to the percentage increase for the Denver CPI for June of the previous year. 4. CDD staff shall present allland use applications to the EVPC. 5. CDD staff shall present EVPC land use recommendations to the respective Boards. 6. CDD staff shall present variance requests to the EVBOA. 7. CDD staff shall route land use applications to Larimer County and all referral agencies for review and comment. 8. CDD staff shall prepare public notices, and publish and notify interested parties, as required by the EVDC. 9. CDD staff shall serve as the primary contact staff for land use applications within the Planning Area. 10. CDD staff shall present an annual report to the Board o f Trustees and the Board of County Commissioners summarizing development activity within the Planning Area. C. Duties of Larimer County Planning Department (LCPD) 1. LCPD staff shall serve as resource and support staff for the EVPC. 2. LCPD staff shall attend meetings of the EVPC and Larimer County Board of Commissioners as deemed necessary by CDD. 7 3. LCPD staff shall review and comment, as appropriate, on land use proposals within the unincorporated portions of the Planning Area. 4. LCPD staff shall assist with the routing and coordination needed to assemble comments from various County departments involved with the review process. 5. LCPD staff shall assist CDD staff in providing historical information, or perspectives on development proposals within the unincorporated portion of the Planning Area. 6. LCPD staff shall provide access to historical land use application files, copies of maps, staff reports, and other records as necessary. D. Code Enforcement 1. The CDD staff shall provide code enforcement of the EVE)C within the Planning Area. 2. The Town and County shall be responsible for code enforcement of violations existing prior to February 1,2000, within their respective jurisdictions. 3. LCPD staff shall provide historical records to the Town as needed. 4. The County Attorney shall provide assistance with code enforcement issues within the unincorporated portion of the Planning Area. Any necessary litigation including, but not limited to, state agency review, shall be instituted and maintained by the County Attorney or Town Attorney depending on geographical location of the violation. E. Duties of the Town Attorney. 1. The Town Attorney shall be the primary legal advisor to the CDD staff and the EVPC. 2. The Town Attorney shall attend meetings of the EVPC as necessary. 3. The Town Attorney shall attend meetings of the Board o f Trustees or Board of Commissioners, as necessary. 4. The Town .Attorney shall institute and maintain all necessary legal actions including litigation and state agency review for land use matters within the geographical area of the Town. F. Duties of the County Attorney. 1. The County Attorney shall advise CDD staff on matters that may relate to County issues. 2. The County Attorney shall attend EVPC meetings as requested by CDD staff. 3. The County Attorney shall attend Board of County Commissioner meetings, as necessary. 4. The County Attorney shall institute and maintain all necessary legal actions including litigation and state agency review for land use matters within the geographical area of the County. 8 G. Wild Fire Review 1. Larimer County shall review development proposals for compliance with Wildfire standards, and mitigation. 2. Larimer County shall site inspect projects prior to issuance of a Certificate of Occupancy for mitigation implementation. 3. The Town shall consider adopting Larimer County's wildfire construction standards. H. Maintenance of Required Public Facilities 1. Maintenance of public facilities, if any, shall be the responsibility of the Town or County, depending upon the respective geographic location of the public improvement. 2. Each public facility shall be subject to the policies and procedures of the respective jurisdiction. I. Improvement Guarantees 1. Improvement Guarantees shall be required as set forth in the EVDC. The CDD shall administer all improvement guarantees. Said guarantees shall be maintained in the name of the respective jurisdiction. 2. The Town Engineer and County Engineer shall verify the estimate of construction costs, depending upon the geographic location of the improvements. 3. Releases of security from an Improvement Guarantee shall be authorized by the respective Engineer, and released by the CDD. J. Data Base Development 1. From time to time, it may be necessary to undertake special projects for data base development, to assist with the planning process. Such activities may include aerial photos, topographic base maps, or development planning projects. Costs for these activities shall be shared by the Town and County on a to be determined project by project basis. K. Permanent Files and Records 1. The Town shall maintain all new project files. 2. Larimer County staff shall have access to all files. X. OTHER PROVISIONS A. Transition. 1. During the period of time between February 1, 2000 to July 1, 2001, ("the transition period") the LCPD shall have a staff member present at all meetings of the EVI?C and the Board of County Commissioners in which land use applications for the Planning Area are on the agenda, unless the CDD informs the LCPD that such staff members presence is not necessary. 9 2. During the transition period the Town Attorney shall be available to attend all meetings of the Board of County Commissioners in which land use applications in the Planning Area are on the agenda and the CDD staff requests attendance. 3. During the transition period, the County Attorney shall be available for attendance at all EVPC meetings in which land use applications in the unincorporated area of the Planning Area are on the agenda and the CDD staff requests attendance. 4. The Town shall be responsible for funding attendance by members of the EVPC for seminars, conventions, and conferences as the Town in its sole discretion may determine during its normal budget process. B. Procedures and Policies. The Town and County staff shall develop necessary procedures and policies to administer their respective functions and obligations pursuant to this Agreement. C. Term This Agreement shall remain in force and effect for a period of ten (10) years from its effective date. However, either party may terminate this Agreement at any time by giving the other party nine months written notice of its intention to terminate the Agreement. Such notification shall be sent by certified letter with return receipt requested addressed to the other party as set forth in the notice provision of this Agreement. D. Enforcement It is the intent of both the Town and County that this Agreement is binding upon both the Town and County, and that either party hereto shall be permitted to specifically enforce any provisions of this Agreement in a court of competent jurisdiction. E. Review The parties agree to review the terms and conditions of this Agreement every two years. F. Arnendrnent This Agreement may be amended in writing at any time by mutual agreement of the parties. G. Notice All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, by regular mail, postage prepaid (unless this Agreement specifically requires certified mail) addressed as follows: 10 Larimer County Board of County Commissioners Attn. Chair P.O. Box 2066 Fort Collins, Colorado 80522 Town of Estes Park Attn. Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 H. Governmental Immunity The parties agree and understand that both parties are relying on and do not waive, by any provision of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000) per person and Six Hundred Thousand and 00/100 ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the parties or any of their officers, agents or employees. I. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of each individual party. No provision of this agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This agreement shall not directly or indirectly obligate either party to make any payments beyond those appropriated for each party's then current fiscal year. No provisions of this agreement shall be construed to pledge or create a lien on any class or source of either party's monies, nor shall any provision of this Agreement restrict the future issuance o f either party's bonds or any obligations payable from any class or source of each individual party's money. 11 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER By: Chair ATTEST: Deputy Clerk of the Board TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk 12 TOWN OF ESTES PARK Office Memorandum To: The Honorable Mavor Dekker and Board of Trustees From: Rich Widmer C. Date: December_B.2999 Re: Estes Park Housing Authority CC: Greg White, Steve Stamey Town Board Goal 1(C) is "to investigate new options in the governance of Housing Authority activities." The goal team has met several times to discuss options. One of those options is for the Town to appoint new members to the Housing Authority board, and set it apart from the Town Board to focus on housing issues. Since existing Town staff does not have available time nor suitable expertise to staff the Housing Authority, the goal team asked the Housing Authority of the City of Loveland (HACOL) to make a proposal to the Town to staff and assist the Estes Park Housing Authority. That proposal is attached for your review. The 2000 budget contains $125,000 for a "housing partnership." If you are comfortable with the outline presented in the proposal, the next step would be to authorize staff to proceed with writing a draft Intergovernmental Agreement using the basic points from the HALCOL proposal. The IGA would then be brought to the Town Board for approval. Once the IGA is approved, the Town could then set up the new board for the Housing Authority and get it started. Please let me know how you feel about this concept. If we have consensus to proceed, staff could bring an IGA to the Town Board in January for your approval. Hot« A(44141*11 Issues Associated with the Management of the Estes Park Housing Authority Organizational Issues • Town appoints local Housing Authority board • Town prepares & ratifies a resolution recognizing the need and affirming its commitment to support the Estes Park Housing Authority (EPHA) in issues related to zoning and permitting. m Town enters into a 3-year intergovernmental agreement (IGA) to contract for services from HACOL to research, develop and implement (operate) products and services specific to the Estes market. m EPHA/Town of Estes Park indemnifies HACOL from general liability claims. Scope of Services m Research and analyze existing housing needs and demographic data m Prepare housing options and recommendations for EPHA board review & approval m Develop, implement and operate board-approz*ed options (including grant writing, developing applications for funding, etc.) m Staff EPHA board meetings and develop presentations to town council, staff and "local interest groups." m Promote and "market" EPHA in the community and to "industry partners." Staffing • Hire a 1 /2 full-time-equivalent Project manager/Developer to implement the Estes Park initiative. • HACOL Executive Director and/or Special Projects Manager to participate in initial organizing and working with Town Council/Town Manager to launch Estes Park Housing Authority. • Other HACOL staffto provide support. 17+3 '.r 7-:-ki SI, St.TrE No · LOVEL.AND, Col.ORAI)(1 30536 1-EJ .:70) nel- 5232 · -1~138 (970) (,67-3.293 · FAX (.170) 0(,7-28(,0 Fees & Reimbursements For Services • Reimbursement of all staff costs including salary & benefits as agreed to up-front in the IGA. m HACOL receives a management service contract on all projects/programs implemented by HACOL m Development services fees (estimated to be 3%- 10%) for all acquisition/rehab/new construction projects to be determined on a case-by-case basis with regard to project economics. m $12,000 per year flat administrative fee for managing the Estes Park Housing Authority. 'rf Other Key Issues m All assets, developed or purchased, remain the property of EPHA. m All "excess" revenues generated by the EPHA assets are owned by EPHA. = Either party can cancel agreement with a 6-month notice after the initial year. • Termination costs of development services agreement by EPHA to be determined on a case-by-case basis. Goals & Benefits Year One • Develop mission, goals and vision • Develop Grants to support board-identified goals. • Work with local groups and develop awareness and support for affordable housing initiative and EPHA. • Examine the impact of expiring Section 8 contracts • Identify successful strategies o f other "similar" communities • Work with local employers to initiate a comprehensive and coordinated employee- assisted housing program. By End of Year Two • 30 additional affordable units By End of Year Three • 60 additional affordable units b ' Organizational, Staffing & Administrative Costs 1st 3 Months Labor Misc. Costs Work with EPHA Board to outline Mission, goals, vision, policies & procedures 30 hrs. (ED.) @ $50/hr. $1,500 20 hrs. (SPM) @ $30/hr. $600 10 hrs. (AA) @$20/hr. $200 Recruit & Hire Project Manager 8 hrs. (E.D.) @ $50/hr. $400 12 hrs. (SPM) @ $30/hr. $360 Advertising for Position $1,500 Legal Costs $1,500 Misc. Overhead (computer, office equipment, mileage, stationery, supplies, etc.) $5,000 Administrative Fee $3,000 Subtotal 3 months $3,060 $11,000 Next 9 Months Project Manager (Salary & Benefits) $22,500 Other LHA Staff Costs: E.D. 150 hrs. @ $50/hr. $7,500 SPM 100 hours @$30/hr. $3,000 A.A. 25 hours @20/hr. $500 Donated Help (520 hours) $0 Misc. Overhead (postage, brochures Mileage, telephone, etc.) $2,500 Legal and Auditing $1,500 Administrative Fee $9,000 Next 9 Months' Total $33,500 $13,000 Yearly Totals for First Three-Year Contract Total of lst 12 months $60:560 Year 2 $60,820 Year 3 $63,250 GRAND TOTAL $184,630