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HomeMy WebLinkAboutPACKET Town Board 2001-02-13D Prepared 2/06/01 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, February 13, 2001 7:00 p.m. AGENDA »MAYOR BAUDEK: ACKNOWLEDGMENT OF THE ESTES VALLEY PLANNING COMMISSION. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated January 23, 2001. 2. Bills. 3. Committee Minutes: A. Community Development, January 25, 2001: Special Events Dept.: 1. Standard Agreements: Christmas Parade 11/23/01; Rocky Mountain Miniature Horse Show 6/20-24/01; Colorado Arabian Horse Show, 7/4-8/01; Copper Penny Horse Show, 7/20-22/01. Added 2/6/01: International Arabian Cutting Horse Assn., 6/29 - 7/1/01. 2. Policy Manual: Event Organizer Regulations. 3. Parade Permits: Rooftop Rodeo, 7/10/01; Scottish-Irish Festival Parade, 9/8/01; and Christmas Parade, 11/23/01. B. Public Safety, February 1, 2001: Fire Dept. 1. 2001 Officers: Daryl McCown, 1St Ass't. Chief, Larry Pettyjohn, 2nd Ass't. Chief, Jon Landkamer, Secretary, and Doug Deats, Treasurer. C. Light & Power, February 8, 2001: , 1. Budgeted Vehicle Purchases: Mini Van and M-Ton Pickup Truck. 2. Tree Trimming Services Contract. 4. Estes Park Housing Authority, December 14,2000 (acknowledgment only). 5. Estes Valley Planning Commission, January 16, 2001 (acknowledgement only). 6. Estes Valley Board of Adjustment, January 9 and February 6, 2001 (acknowledgement only). 7. Resolution #5-01 - Intent to Annex "Pratt Addition"; public hearing scheduled March 27, 2001. 1 Continued on reverse side i lA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek open the Public Hearing(s). If the Town Board, Applicant(s), Staff or the Public wish to speak on a particular item, a formal Public Hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report * C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. SPECIAL REVIEW Special Review #01-01, Community Church of the Rockies Christian Preschool, Nancy K. Johnson, Director/Applicant. Daycare operation in lower classrooms of the Church. 2. SUBDIVISION. Boundary Line Adjustment, Lots 128 and 129, Al Fresco Place Addition, Mike and Carl Olson and Mike Smith/Applicants. Adjustment to accommodate a driveway to a new residential dwelling. 3. SUBDIVISION. Amended Plat of Lots 3,4, and 5, James Mcintyre Subdivision, Jeff & Kristin Barker/Applicants. Reconfigure three lots into two lots. 2. ACTION ITEMS: 1. RE-APPROPRIATE THE 2000 ENCUMBERED FUNDS TO THE 2001 BUDGET- RESOLUTION #6-01. Assistant Town Administrator Repola. 2. ELECTRONIC MEDIA (E-MAIL) ACCESS POLICY, REVISED. Town Attorney White. 3. ESTES PARK HOUSING AUTHORITY - REAPPOINTMENT. Reappointment of Eric Blackhurst from 1-yr. term expiring 4/01 to 5-yr. term, expiring 4/01/06. Mayor ProTem Doylen. 4. TOWN ADMINISTRATOR'S REPORT. 5. REQUEST TO ENTER EXECUTIVE SESSION - ICM (Wildlife Center) LITIGATION BRIEFING. 6. ADJOURN. 2 1 Town of Estes Park, Larimer County, Colorado, January 23, 2001 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 23rd day of January, 2001. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: G. Wayne Newsom, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT Patrick Cipolla urged the Town Board to appoint a Police Chief from within based on the fact that the Town could save money and there is a qualified employee on board. Gregg Filsinger has over 20 years with the Town, and he is respected by the community, his peers, and most importantly by his subordinates. Other instances of appointing within the ranks were cited. Mike Wallace addressed the Board on this same matter, reading a "Letter to the Editor" he plans on submitting to the newspaper. Trustee Habecker urged the Town Board to reply on this matter, thus Town Administrator Widmer stated that some items cannot be addressed publicly, however, the subject was discussed at length by the Town Board. The decision to hire a recruiting firm to recruit candidates in no way reflects on Deputy Chief Filsinger; it is recognition that a Police Chief is an extremely important position. The needs and desires of the entire community, as well as different segments of community, is the only reason a firm was selected. Mayor Baudek added that hiring a recruiting firm does not imply that current employees will not be considered or selected. TOWN BOARD COMMENTS Mayor Baudek offered the Board's condolences to Mike Miller, former Trustee, in the passing of his wife, Kathleen. Kathleen was very involved with the Community and she will be missed. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated January 9,2001. 2. Bills. 3. Committee Minutes: A. Light & Power, January 11, 2001: 1. Fall River Hydro Plant Interpretive Exhibit Contract - Revised. Board of Trustees - January 23, 2001 - Page 2 B. Public Works Committee, January 18, 2001: 1. Stanley Ave./Hwy. 7 Intersection Reconstruction Project. 2. Stanley Ave. Trail Project. 3. Municipal Building Projects (Elevator Rehab.; Air conditioning; Rm. 203 Remodel; and Remodel Design Firm solicitation for 2002 Project). 4. Resolution #3-01 - Approving CDOT Grant Contract for Causeway Underpass/Trail Project. 5. Water Dept. Year 2000 Loop Project - Expand Scope (change order). 6. Water Dept. Year 2001 Loop Project - Design scope of services. 4. Resolution #2-01 - Intent to Annex Dunraven Heights First Addition, and set public hearing on February 27, 2001. 5. Resolution #4-01 - Intent to Annex Uplands/Fish Creek Road #1, Uplands/Fish Creek Road #2, and The Uplands at Fish Creek Addition, and set public hearing on February 27, 2001. It was moved and seconded (Gillette/Doylen) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. TREE BOARD ANNUAL REPORT PRESENTATION. Alice Gray, Tree Board Secretary presented said Annual Report. Board members include: Jeff Barker, Wendell Amos, Alice Gray, Dick Lang, Dan Speedlin, Tim Rische, and Russ Franklin. Year 2000 goals and activities were reviewed. StreeUParks Supt. Speedlin responded to a question on the overall condition of trees in Estes Park, reporting that the pine beetle is the largest threat to pine trees in the Estes Valley, and that elk and beavers pose a threat to trees in the downtown area. Appreciation was offered to the Tree Board for their efforts. 2. EPURA - PRESENTATION OF 2001 PROJECT PRIORITIES. Chairman Putney and Director Smith distributed a memorandum addressing EPURA's Revenue Stream and Cash Flow, and announced EPURA's established Project Priorities for 2001, as follows (not necessarily in order): 1 Extension of Streetscape amenities along the western periphery 6f Stanley Village within the right-of-way of Hwy. 34, to link Stanley Village to the CBD functionally and aesthetically. 1 Improvement of the existing Tallant Park parking area on the south side of the river to accommodate approx. 3 times as many parking spaces in close proximity to the Riverwalk. > Provide signage relative to the Riverwalk and the underpass connection to the Riverwalk. > Assistance in the implementation and financing of a community performing arts center. 1 Proceeding with the next steps relative to key real estate ~ acquisition within the Walkway Westward project area. > Continuation of sunrise symposia. , Active involvement in the Estes Valley Transportation Alternatives Study. > Exploration of extension of EPURA financial life beyond 25 years and possible expansion of the Urban Renewal Area to achieve key community project goals. 1 Detailed planning and implementation of initial element(s) of Walkway Westward. ' L Board of Trustees - January 23, 2001 - Page 3 Chairman Putney requested the Board approve the aforementioned list of priorities. Administrator Widmer commented on the very successful retreat, adding that board members are working well together. Trustee Habecker noted his concern that the project name "Walkway Westward" may be misinterpreted due to the implication the project is merely a "walkway", when in fact, the proposed project includes several components, one of which is the extension of the existing hike/bike trail. Mayor Baudek commented that the exploration of the extension of EPURA is an important issue to the entire community, and he confirmed that approval of the priority list at this time includes the exploration of EPURA, not approval. Director Smith explained that any extension of EPURA would follow the public process, and that with expected costs of the Walkway Westward to the degree of improvements to the east, plus the proposed performing arts center, it is questionable that these projects could be completed within EPURA's current lifespan of 7 years. It was moved and seconded (Jeffrey/Gillette) EPURA's 2001 Project Priority List be approved, and it passed unanimously. Mayor Baudek expressed the Board's appreciation for the presentation. 3. TOWN ADMINISTRATOR'S REPORT. 1. Town Attorney White briefed the Board on the ICM lawsuit where District Court Judge John-David Sullivan/Larimer County has issued an Order regarding motions for summary judgment. In summary, the Ordinance preventing the proposed Wildlife Center was found (1) unconstitutional on the basis of special legislation and (2) it violated the equal protection clause. The Town cannot enforce the Ordinance and is prohibited from withholding a building permit. A ruling on the vested right issues (statutory and common law) was reserved by the Judge. 2. The Town has received notice from the Government Finance Officers Association that the Town has received a Certificate of Achievement in Governmental Accounting for 1999. An official plague is forthcoming. 3. Commercial ads produced by Nick Molle' for promotion of the Historical Museum were presented. Mr. Molle' is a recent member of the Museum and he volunteered his expertise and equipment for production of the ads at no cost to the Museum. Mr. Molle' and the entire Channel 8 staff were commended. 4. REQUEST TO ENTER EXECUTIVE SESSION TO DISCUSS PROPERTY NEGOTIATION, ICM/WILDLIFE CENTER LITIGATION BRIEFING, and PERSONNEL. It was moved and seconded (Barker/Gillette) the Board enter Executive Session for those items identified above, and it passed unanimously. Mayor Baudek noted that, should formal action be required, the Board would return to open session. There being no further business, Mayor Baudek adjourned the meeting at 7:41 p.m. to Executive Session. 1 f Board of Trustees - January 23, 2001 - Page 4 Mayor Baudek reconvened the meeting at 8:40 p.m. 5. LAND ACQUISITION - APPROVAL. Town Administrator Widmer presented contracts for the purchase of 3 parcels of land adjacent to the Conference Center for additional parking. A full description follows: PROPERTY CONTRACT AMOUNT 179 Stanley Ave. $175,000 330 Stanley Ave. $179,900 260 Stanley Ave. $145,000 TOTAL $499,900 The contracts for 260 and 330 Stanley Ave. include a clause allowing the owners to rent the houses and retain the rents, subject to a 30-day termination clause. The closing date is expected May 240. It was moved and seconded (Gillette/Barker) Town Administrator Widmer or Town Attorney White be authorized to execute the contracts, and it passed unanimously. Mayor Baudek adjourned the meeting at 8:43 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 25, 2001 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 25th day of January, 2001. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: All Also Attending: Assistant Town Administrator Repola, Acting Community Development Dir. Joseph, Advertising Manager Marsh, Directors Pickering and Hinze, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. and advised that the Committee agenda has been revised as follows: January, March, May, July & September Advertising, Conference Center and Special Event Reports February, April, June, August & October Advertising, Museum and Sr. Center The November and December meetings are cancelled. If a department needs Town Board approval on an item that doesn't meet this schedule, the request would be placed on the next Community Development Agenda or go directly to the Town Board. Additionally, Community Development Department items may be added when appropriate. CHAMBER RESORT ASSOCIATION (CRA) - UPDATE. CRA Exec. Dir. David Thomas briefed the Committee on the Estes Park Snowshoe Adventure Series and associated brochure and poster that are being distributed within Estes Park and the front-range. Tubbs Snowshoes is the major sponsor, and with rental of these snowshoes, Tubbs offers free guided tours. On February 3rd, the " Discovery Snowshoe Festival" is planned and this event, which was formerly held in Copper Mountain, benefits the Susan G. Komen Breast Cancer Foundation. Numerous participants/spectators are expected, and the CRA is working toward making Estes Park the "Snowshoe Capital." The event is featured on a CRA banner ad on the State website, Colorado.com, and it has proven to be the highest performing ad on that site. Director Thomas offered his appreciation to Mgr. Marsh and the Town for the newspaper ads and promoting the event. COMMUNITY DEVELOPMENT - INTRODUCTION. Clerk O'Connor advised that with the resignation of Steve Stamey, Bob Joseph has been named Acting Community Development Director. 2000/2001 ADVERTISING REPORT. Manager Marsh reported on the Winter Insert (180,000 circulation effort) for President's Day Weekend, the Snowshoe Series, events into May. The Advertising Report was thoroughly reviewed, and it is summarized below: BMADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee - January 25, 2001 - Page 2 Requests for Information: 1 As of 12/31/00, requests for Vacation Planners are down 14% > As of 11/30/00, 800 calls are down 23% > As of 12/31/00, e-mailed requests are up 56%. Decreases may be due to the media play on gasoline prices, significant wildfire in the area, economy, election, and the like. The Advertising Committee also suspects that many advertising responses are going directly to the' CRA website without requesting a Vacation Planner. The Committee has devised tracking methods that should help understand 'electronic' response and the degree to which ad respondents are shifting to not wanting printed materials sent to them. Collateral Distribution: ~ Vacation Planners. 55,486 planners were distributed in response to individual requests, and another 56,590 planners to third party distributors for a total of 112,076 during 2000. > Spirit Brochures. 152,100 brochures were distributed along the I- 25 and 1-76 South Denver-Northern Colorado corridors. Media Relations: > As a result of media releases, Colorado newspaper coverage of Estes Park/RMNP has generated editorials with an advertising value of $186,723 and $15,000 expenditure. > Media Information Person: 6 candidates, 2 interviewed, with Harry Graham being selected. Harry started work 1/1/01 and he will be asked to attend the February Committee mtg. Appreciation was expressed to Sally Anderson and Suzie Blackhurst for their work. Internet Banner Advertising: > The Home & Away Banner ad generated 11,818 click-thru's to the CRA Request Vacation Planner forms page. ~ The Google Banner ad generated 2,355 click-thru's to the same site. Compared to the magazine Cost Per Inquiry amount, the Google click-thru rate matched the average 2000 magazine CPI, giving the Committee a traditional tool to measure this new medium. The Ad. Committee is planning different Internet programs. Discussion followed on marketing the shoulder seasons, utilizing cross-market ads/activities, first time v. long-term visitors, and the option of creating "cafeteria" plan packages on the website. Director Thomas added that the CRA's ultimate goal is planning a year-round Estes Park Adventure Series. CONFERENCE CENTER REPORT. Director Pickering reported on the 2001 Advertising and Trade Show Plan. At a recent Legislative Reception with over 50 State Representatives and Senators attending, Director Pickering expressed the importance of tourism and related issues important to Estes Park to Representative Fritz. The new State Tourism Board is now in operation, and due in part to the Chamber's efforts, Estes Park has a local representative-Kathy Palmeri. This $6 Million program should become a leader in the State for tourism promotion, and funding must be requested on an annual basis. Director Pickering clarified how meeting planner contacts are received and processed, adding that the market is extremely competitive. Greg Burke questioned the number of bookings for the Spring season, and staff responded that, possibly due to the economic downtown, the Conference Center has BRADFORDPUBLISHING Co. RECORD OF PROCEEDINGS Community Development Committee - January 25, 2001 - Page 3 received six cancellations. Conference cancellations of this magnitude have never been experienced by Estes Park, thus the Spring and Fall seasons will be significantly affected. SPECIAL EVENTS REPORT. Director Hinze presented the following, and requested they be favorably recommended for approval: 1. Standard Agreements 1 Christmas Parade - Connie Boschen/Connie's Cartoons, November 23, 2001; $11,000. > Rocky Mountain Miniature Horse Show, June 20-24, 2001. k Colorado Arabian Horse Show, July 4-8, 2001. > Copper Penny Horse Show: July 20-22, 2001 (one extra day) The Committee recommends approval of all four Agreements as presented. 2. An Event Critique was submitted and reviewed for the Year 2000 Christmas Parade (the weather was exceptional, this was the largest gathering to date, float quality and advertising was good; and in staffs opinion, this was the best Christmas Parade since its inception). Appreciation was expressed for all those assisting in the presentation of this event. Concern was noted pertaining to the public restrooms, where they are locked at 7:30 p.m. including July 4th. Staff will investigate this issue. 3. Event Organizer Regulations (final draft). The Committee reviewed the final draft that, when approved, will be included in the Special Events Policy Manual. Parking remains an issue, however, Director Hinze confirmed that if Event Organizers to not adhere to the Regulations, continuation of their event could be in jeopardy. The Committee recommends approval of the Regulations as presented. 4. Parade Permits: > Rooftop Rodeo Parade, July 10'h Scottish-Irish Festival Parade, Sepember 8th > Christmas Parade, November 23' All parades are proposing identical routes as in the past. The Committee recommends approval of all three Parade Permits as presented. There being no further business, Chairman Doylen adjourned the meeting at 9:20 a.m. 0 Li. (/ '*€' 2 Vickie O'Connor, CMC, Town Clerk t BRADFORD.U.LISHING.0. RECORD OF PROCEEDINGS Town of Estes Park, Lar\mer County, Colorado, February 1, 2001 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 lst day of February, 2001. Committee: Chairman Gillette, Trustees Jeffrey and Newsom Attending: Chairman Gillette and Trustee Jeffrey Absent Trustee Newsom Also Attending: Assistant Town Administrator Repola, Deputy Police Chief Filsinger, Fire Chief Dorman, Municipal Court Judge Brown, Deputy Town Clerk van Deutekom Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT Sworn Personnel 2000 Training Summary: Deputy Chief Filsinger reported that sworn personnel completed 2112 hours of training in 2000, averaging over 100 hours per officer. Training included arrest control, FBI National Academy, defensive driving, basic narcotics, warrant service, risk management, legal update, computer search, Reid Interview, basic evidence collection, patrol interview/interrogation, Spanish immersion, less lethal force, police management and discipline, emergency manager, CPR, FTO, cyber crime, ICS drill, chemical agent, and firearms. FIRE DEPARTMENT (EPVFD) Year End Reports: Fire Chief Dorman presented the EPVFD 2000 year-end report summarizing the election of officers and the financial, training, and incident run reports. Training hours for 31 full-time volunteers during 2000 totaled 2,602 hours, resulting in an average of 83.9 hours per volunteer. Training included fire behavior, fire extinguishers, incident command, personal protective equipment, vehicle fires, ventilation, dive rescue, EMT, hose testing and inspections, ladders and aerial use, first responder, ISO, defensive driving, pumper/engineering, interior fire attack, fire streams, fire hose, water supply, salvage and overhaul, vehicle extrication, CPR, ice rescue, hazardous material, rescue, arson investigation, wildland red card, Spanish, ropes and low angle rescue, and live scenarios. Total calls for 2000 totaled 456, compared to 378 in 1999. Chairman Gillette commended EPVFD volunteers for their safety record and service to the community. Fire Chief Dorman reported that as of January 1, 2001, the EPVFD consists of 32 members. The department currently has a recruitment drive underway to increase membership. REPORTS Municipal Court - Annual Report: Municipal Court Judge Gary Brown presented the Annual Municipal Court Report for 2000. A total of 638 cases were heard by the Court resulting in fines of $28,232, compared to 507 cases and $24,728 in 1999. Parking fines processed during 2000 totaled $3,245, compared to $2,970 in 1999. The Bright Christmas Program received $250 from fines in December. Other areas discussed included high school moot court sessions, civic speeches, an upcoming conference, the reduction of business license court activity, and teenage drinking. Judge Brown commended the efforts and dedication of Court Clerk Dale Lechnir. Trustee Jeffrey stated the pedestrian flashing light on Moraine Avenue does not appear to stop the traffic. Assistant Town Administrator Repola and Deputy Chief Filsinger will address Trustee Jeffrey's concerns following this meeting. There being no further business, Chairman Gillette adjourned the meeting at 8:00 a.m. f. v#Auldmo, Rebecca van Deutekom, Deputy Town Clerk BRADFORDPUBLISHING.0. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 8, 2001 Minutes of a Regular meeting of the LIGHT AND POWER COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 8th day of February, 2001. Committee: Chairman Jeffrey, Trustees Habecker and Newsom Attending: Chairman Jeffrey and Trustee Habecker Absent Trustee Newsom Also Attending: Assistant Town Administrator Repola, Assistant to the Director Mangelsen, Fleet Manager Mahany, Deputy Town Clerk van Deutekom Chairman Jeffrey called the meeting to order at 8:00 a.m. VEHICLE PURCHASES - REQUEST APPROVAL OF BUDGET EXPENDITURES. Fleet Manager Mahany reported that the Light & Power Department has requested replacement of a Meter Reader Jeep with an all-wheel drive (AWD) Utility Van for AMR meter reading and meter calibration/testing in the field. This trade-in vehicle is 6 years old with 63,821 miles and is within the parameters of the vehicle replacement policy. The following bid was received: Transwest GMC Trucks: $23,130 GMC AWD Utility/Cargo Van w/workstation - $ 7,509 Less Trade-in $15,621 Bid Price The 2001 budget includes $26,500 to replace of this vehicle. The Committee recommends approval of the bid from Transwest GMC Trucks to purchase a GMC AWD Utility/Cargo Van for a cost of $15,621 as presented. The replacement of a 1991 Ford 4x4 Pickup used for line locating was also budgeted. This trade-in vehicle is 10 years old with 77,300 miles and is within the parameters of the vehicle replacement policy. The following bids were received: Estes Park Auto Mall: $23,012 Ford F-150 4x4 w/topper & tool boxes - $ 5,600 Less Trade-in $17,412 Bid Price Spradley Barr Ford: $23,117 Ford F-150 4x4 w/topper & tool boxes -$ 5,600 Less Trade-in $17,517 Bid Price The 2001 Budget includes $25,500 to replace this vehicle. The Committee recommends approval of the bid from Estes Park Auto Mall to purchase a Ford F-150 4x4 for a cost of $17,412 as presented. HIGH VOLTAGE TREE TRIMMING - CONTRACT APPROVAL. Director Matzke reported that in 1998 the Light and Power Department contracted with Asplundh Tree Expert Co. to provide tree trimming services in the vicinity of its power lines. Since that time, Asplundh has cleared trees from approximately 20 miles of three-phase and 25 miles of single-phase lines on the Allenspark circuit. In January 2001, the Department advertised a request for proposals to provide tree trimming services for 2001/2002. Bid packages/specifications were delivered to qualified bidders and the following bid was received: Estimated Hours Per Year Crew Hourly Year Extended Cost Asplundh Tree Expert Co. 2001 $ 79.30 2000 $ 158,600 2002 82.26 2000 164,520 Cost for both years are within the 2001/2002 budget year amounts of $165,000. The Committee recommends that the tree trimming contract be awarded to Asplundh Tree ./ADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Light and Power Committee - February 8, 2001 - Page 2 Expert Co. at a cost of $158,600 and that the 2002 contract be awarded subject to approval of the 2002 budget and satisfactory performance in 2001. Discussion was held regarding subsidization of projects in rural areas, in particular, if current rdtes adequately cover costs associated with this project. The Committee directed staff to compile all costs associated with tree trimming and report back to the Committee. REPORTS Platte River Power Authority (PRPA): No report. Financial Report: The January graphs were reviewed. End of year income statements will be presented at the March meeting. . Project Updates: The Fall River Hydro Plant Restoration project is progressing smoothly. There being no further business, Chairman Jeffrey adjourned the meeting at 8:35 a.m. 3€va»*u Rebecca van Deutekom, Deputy Town Clerk Estes Park Housing Authority (EPHA) Board Meeting I)ate: December 14, 2000 Members Present: Eric Blackhurst, Lee Kundtz, Louise Olson, & Karla Porter Members Absent: Sue Doylen Staff Present: Sam Betters, Carolyn Coffelt, & Jean Michaelson Others Present: Steve Stamey The December 14th meeting of the Estes Park Housing Authority was called to order by Karla Porter, Vice Chairperson, at 4:10 p.m. in Room 202/203 of the Municipal Building of the Town of Estes Park. APPROVAL OF MINUTES Karla Porter asked if anyone had any changes to the November minutes. Lee Kundtz moved to approve the minutes as read, and Louise Olson seconded. Minutes approved. UPDATE ON SECTION 8 Waiting List Statistics were distributed on the applications taken for the section 8 vouchers. There were 45 total applicants of which 29 were families, 14 disabled, and 2 were elderly. 95% were residents of Park 3 district. There were 28 females and 17 males as head of household with the overall average income of $13,715 and average wage at $19,386, which is not anything we didn't expect. 58% were below 30% AMI, 41% at 30%-50% AMI, and 1% at 50%-80% AMI. A list of employers was composed and distributed based on where the applicant worked. The applications were taken for 1 week then the waiting list was closed. Jean Michaelson has met with the top 20 applicants. The Housing Authority will verify documentation submitted by the applicant, and if all is well, the applicant will meet with Peggy Conrad, Housing Coordinator for Section 8, on December 19. Peggy will educate the applicants on the program. Most of the applicants want to stay where they are living provided the landlord accepts the voucher. A survey was completed on where the applicants heard about the vouchers. Most read it in the Trail Gazette, churches, employers, and from friends and family. A discussion was held on how the Board can be advocates to state and local legislators advocating for the voucher program as the vouchers are very difficult to come by. BUDGET FISCAL YEAR 2001 Sam Betters presented budget options for 2001. All options reflect an increase in the billable rate for indirect staff. Executive Director' s rate would increase from $50/hr to $55/hr. Assistant to the Director's rate would increase from $20/hr. to $22/hr. The various options differ primarily in the number of staff hours both direct (Jean's hours), and indirect (Sam and Carolyn) dedicated to EPHA. A copy of the three options is attached. Option 3 was recommended by Sam as a more accurate reflection of the resources necessary to maintain our momentum. It reflects the time to do this. This option also brings Jean up to 30/hrs. a week. Karla Porter asked for a motion to ask the Town for funding. Eric Blackhurst moved that EPHA submit to the Town Board a budget as outlined in Option 3 for $76,622 for the year 2001, and Louise Olson seconded. Approved unanimously. Expenses EPHA December Board Minutes - Page 1 of 1 , Sam Betters submitted the expenses for September, October and November of 2000 which totaled out to be $14,313.45. Eric Blackhurst moved to approve the expenses and Lee Kundtz seconded. Approved unanimously. COMMITTEE REPORTS REGULATORY No report. LAND Discussion held for Executive Session. PROGRAM & FINANCIAL See Budget listed above. EDUCATION & SUPPORT Lee Kundtz distributed another list of groups to do presentations for. Eric Blackhurst & Lee signed up for the Rotary in January (see attachment). Include in the presentation what we have accomplished so far, i.e. section 8 vouchers, grants applied for etc. DEVELOPMENT & Discussion held for Executive Session. RETENTION REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS-None ADJOURN Karla Porter entertained the motion to adjourn the Board meeting at 4:55 p.m. to go into Executive Session. Upon motion, it was duly made, seconded and carried. Adjourned. Respectfully submitted, Carolyn J. Coffelt Assistant to the HACOL Director EPHA December Board Minutes - Page 2 of 2 I . BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission January 16, 2001, 1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Edward Pohl, Commissioners Wendell Amos, DeeDee Hampton, Joyce Kitchen, Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio Attending: Chair Pohl, Commissioners Amos, Hampton, Kitchen, McKinney, Pettyjohn and Taddonio Also Attending: Town Attorney White, Acting Director Joseph, Planner Shirk, and Recording Secretary Wheatley Absent: None Chair Pohl called the meeting to order at 1:30 p.m. 1. PUBLIC COMMENT Al Sager, Vice Chair of the Board of Adjustment - In the six years preceding the adoption of the Estes Valley Development Code, there were no requests for height variances. Since then, there have been 7 requests for height variances in the unincorporated Estes Valley. The Board of Adjustment has requested staff to modify the method of calculating the height to allow owners of property with steeper slopes to allow what might have been allowed with the previous height limitations. If possible, a modification should be expedited as soon as possible. 2. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated December 19, 2000. It was moved and seconded (McKinney/Hampton) that the Consent Agenda be accepted as presented. 3. SPECIAL REVIEW a. Special Review 01-01, Community Church of the Rockies Christian Preschool, Applicant: Community Church of the Rockies Christian Preschool, Nancy K. Johnson, Director. Nancy Johnson was present and gave an overview of the program. Outreach is being made to the Hispanic community through the distribution of the applications in Spanish. They are currently licensed.by the State for a total of 25 children at any one time. Acting Director Joseph reviewed the staff report. This is a special review use request to permit the resumption of a pre-school use in two existing lower classrooms within the church. This use will entail 2.5 hour sessions on week days beginning at 8:30 a.m. Ages 2 1/2 to 5 years will be admitted. The schedule may be expanded to afternoon sessions if there is a demand. The summer session will be limited to two weeks in August. This use will be inspected and licensed by the State of Colorado. Staff findings: No adverse impacts on nearby land uses, public facilities and services, or environment are expected. Applicant has met all the requirements for Special Review. Public Comment: None. It was moved and seconded (Amos/Pettyjohn) to recommend approval to the Town Board of Trustees of the Special Review 01-01, Community Church f the Rockies Christian Preschool, and it passed unanimously. 1. A limit of 25 students shall be accommodated at any one time in the building. ..ADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - December 19, 2000 Page 2 . 4. SUBDIVISIONS a. Amended Plat, Lots 128 & 129, Al Fresco Place, Applicant: Mike Olson, Carl Olson and Mike Smith. Mike Olson was present to review the request. Planner Shirk reviewed the staff report. This is a request to adjust an internal lot line between Lots 128 and 129, Al Fresco Place, in the Town of Estes Park. The owner of Lot 128 intends to locate a house on the western portion of Lot 128, and adjusting this lot line will provide a wider developable area in this portion of the lot. The site is located at 441 Chiquita Lane. Neither lot currently conforms to the minimum lot size implemented with the adoption of the Estes Valley Development code in February 2000, nor would either lot conform to minimum lot size should this amended plat be approved. Thus, the status of legal non- conforming lot size would continue. Pursuant to Appendix D of the EVDC, any new construction on Lot 128A will be required to utilize the existing curb cut. Any deviation from this standard will require approval from the Public Works Director, and should be addressed at the building permit stage. Regardless, access from Chiquita Lane should be limited to the existing curb cut serving the Bed and Breakfast. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Bill Van Horn of Van Horn Engineering answered questions regarding the calculation of the final areas of each lot and advised the plat would be reviewed and corrected prior to the Town Board meeting. Access will be from Chapin Lane. Mike Smith, owner of Lot 129, advised that a legal access easement already exists for Lot 129. Public Comment: None. It was moved and seconded (Amos/) to recommend approval to the Town Board of Trustees of the Amended Plat of Lots 128 and 129, Al Fresco Place Subdivision, with the following condition and it passed unanimously. 1. Applicant shall grant an access easement to the owners of Lot 129 at the existing road cut, and entrance to Lot 128 shall be from Chapin Lane. Should they choose to access from the east, access shall be through the existing curb cut. 2. The applicant shall obtain final approval of utility easement dedication from Public Works Department . b. Preliminary Plat, Horse Creek Ranch, Applicant: Horse Creek Ranch Partnership. Bill Van Horn was present to represent the applicants. Planner Shirk reviewed the staff report. This is a request to subdivide a 42-acre tract into three (3) buildable lots. The applicant previously considered a much higher density subdivision, which would be allowed under the current "RE" Rural Estate zoning designation with 2.5-acre minimum lot size. This proposal would create a low-density rural subdivision, preserving a maximum amount of trees and open space. Applicant proposes to allow use of these lots as horse property. Several issues still need to be resolved, such as location of building envelopes, water issues, limits of disturbance and wildlife mitigation. Staff recommends a continuation for these issues to be addressed. Bill Van Horn advised that this would be a subdivision of more than 3 lots, but only 3 residential building sites. The other lots would be non-buildable outlots. The applicant would like the wetlands to be a conservation easement rather than a separate lot to avoid the complexity of the legal description (195 corners). Since St. Francis Way is a dedicated street and cuts through Lot 1, another lot will have to be created (an outlet). The building envelopes are large in order to accommodate other things such as septic systems. Grazing will be carefully monitored to enhance the vegetation. Fire protection has been reviewed. ISO requirements are not currently being met. Other options will be BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - December 19, 2000 Page 3 . used such as sprinkling the buildings or on-site storage. Easement items will be worked out by the next review. There will be a restriction on the number of horses allowed. There currently is a trail easement (from Cheley Camp) which will be retained. The applicant requested the review be continued to the March 20, 2001 meeting. Public Comment: Ima Matthies, President of the Little Valley Road District - Discussed the problems of run-off and blocked culverts. Bill Van Horn advised that the minimum size foraculvert is 15 inches and depending on the calculated runoff, it would be increased. It was moved and seconded (McKinney/Amos) that the Preliminary Plat of Horse Creek Ranch be continued to the meeting of March 20, 2001, and it passed unanimously. c. Amended Plat, Lots 3,4 & 5, James Mcintyre Subdivision, Applicants: Jeff & Kristin Barker. Ross Stephen of Rocky Mountain Consultants was present representing the applicants. Mr. Stephen reviewed the amended plat. Acting Director Joseph reviewed the staff report. Staff supports the creation of an open space outlot on the steeper, more heavily treed portion of the site. The labeling of A-Accommodations should be deleted from Lot 1 (as zoning designations may change in the future) and a note on the outlot should be added designating it as "permanent open space". Public Comment: None. It was moved and seconded (Kitchen/Pettyjohn) to recommend approval to the Town Board of Trustees of the Amended Plat of Lots 3, 4 and 5, James Mcintyre Subdivision, with the following conditions and it passed unanimously. 1. The notation of 07\-Accommodations" shall be deleted from Lot 1. 2. A notation shall designate the outlot as "permanent open space." 5. DEVELOPMENT PLAN a. Development Plan 01-01, Trails Weston the River, Lots 3,4, & 5, James Mcintyre Subdivision, Applicants: Jeff & Kristin Barker. Ross Stephen from RMC representing the applicants reviewed the development plan. All buildings will be replaced (except the house) with more modern units. Existing utilities are acceptable with some utility lines being increased in size. The plan for the electrical utility is to go underground. Final stage should begin in about 2 years from now. Landscaping will be done according to code. It is proposed to eliminate one of the curb cuts that currently exists. Handicapped parking and units are provided. Architectural drawings were shown. The tallest building is 28 feet tall. Acting Director Joseph reviewed the staff report and review standards. The proposed units will have efficiency, or limited kitchen facilities as defined in Section 13.3. By replacing the older kitchens with these efficiency kitchens, the property will be brought into compliance with the EVDC. The 100-year floodplain is contained within the river channel. The plan does a good job of preserving existing vegetation. Slope protection and analysis with regard to site disturbance minimizes disturbance of erodable slopes. The limits of disturbance are noted and will insure that no grading will occur along the river setback. Offstreet parking and loading should be paved with asphalt. The traffic analysis indicates there would be no significant increase in traffic and a new access permit was not required by CDOT. ISO calculations indicate more than adequate firefighting capabilities. Handicap accessibility to the office would be included in the first phase. Town Attorney White advised that there was actually no density transfer; the new lot line was created to facilitate the possible transfer of ownership of the outlot to Rocky Mountain National Park. Each phase should be a move to a more conforming condition. Should phasing lead toward more non-conformity, kitchen units would be revised. The traffic from Trails West directly onto Highway 34 is reduced due to the new traffic pattern. . •RADFORO PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - December 19, 2000 Page 4 Public Comment: Robert Mussman, 1675 Fall River Road, Sunnyside Knoll Resort - spoke in support of this development plan. It was moved and seconded (Amos/Pettyjohn) to approve the Development Plan 01- 01, Trails West Redevelopment Plan, with the following conditions and it passed unanimously. 1. Site specific grading plans shall be submitted with each building permit. The grading plans shall also include erosion control, slope re-vegetation measures as required to stabilize and revegetate all disturbed slopes within the first growing season as per Section 7.2.c. No discharge of sediment-laden runoff into the river shall be permitted *during or after construction. Adequate erosion control measures shall be maintained at all times. 2. Final ·site construction and grading plans submitted with building permits shall demonstrate required exterior accessible routes. 3. Required handicap accessible units shall be provided, as well as handicap accessibility to the office. 4. Parking, landscaping and other required site improvements shall be constructed in phases corresponding to the building construction. Phasing does not necessarily hAve to be in sequence. 5. 'Three existing 34" water taps must be disconnected and plugged. This note shall be added to the development plan. 6. Sewer - No more than six units may be served by a 4-inch line. 7. This approval would be contingent upon approval of the Amended Plat by Town Board. 6. ELECTION OF OFFICERS Joyce Kitchen was nominated Chair (Amos/McKinney) and it passed unanimously. Chair Pohl turned the chair over to Chair Kitchen. Cherie Pettyjohn was nominated as Vice Chair (Amos/Hampton) and it passed unanimously. The Community Development Secretary or ~ designee was appointed as Recording Secretary. 7. REPORTS Town Attorney White noted that the staff has reviewed changes and corrections to the Code which have been minor thus far. Definition of limited kitchen will be reviewed in the near future along with approximately 50 other mostly minor changes. Commissioner Amos recommended reviewing the overlaying zones forthe entrances to the Town. Commissioner McKinney recommended formatting the development code with notations in the margin indicating which paragraph was changed and when the change took place. Jeff Barker and Al Sager both encouraged training for Commissioners and Board members. There being no further business, meeting was adjourned at 3:40 p.m. Edward B. Pohl, Chair Meribeth Wheatley, Recording Secretary BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment January 9, 2001, 8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Ball, Lamy, Newsom and Sager Also Attending: Senior Planner Joseph, Planner Shirk, Chief Building Official Birchfield and Recording Secretary Wheatley Absent: None Chair Barker called the meeting to order at 8:00 a.m. 1. CONSENT AGENDA The minutes of the December 5,2000, meeting were accepted as presented. 2. ELECTION OF OFFICERS It was moved and seconded (Sager/Newsom) that Jeff Barker be nominated for Chair and it passed unanimously. It was moved and seconded (Newsom/Ball) that Al Sager be nominated for Vice-Chair and it passed unanimously. A representative of the Community Development Office was appointed as Recording Secretary. 3. 1527 DEVIL'S GULCH ROAD, APPLICANT: NELS AND CATHLEEN LARSON - HEIGHT VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Senior Planner Joseph reviewed the Staff Report. The applicant wishes to deviate from the 30-foot height standard to allow for a new residential building approximately 38 feet high. There are four feet of fall across the building footprint. The building site is visually secluded, and is removed from the neighboring primary views. However, the neighbor to the east will see the structure through the aspen grove in the winter. The Board should determine whether the visual seclusion of the building site is adequate to justify the request variance. There is an existing dwelling on the site that will need to be converted to another use in order for a building permit to be issued. Applicants Nels and Cathleen Larson answered questions from the Board. It was noted the fall of land was more like 6 or 7 feet. The property was purchased prior to the 30 foot height limitation. The trees will be preserved during the construction process. The proposed construction will not block a view corridor for the neighbor. The trail noted on the plat is private. The utilities will follow the driveway up to the new site. A site for the septic has been determined. Senior Planner Joseph advised that no comments were received from the neighbors. Public Comment: None. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 9, 2001 Page 2 Sr. Planner Joseph reviewed a letter from Candace Phippen of the Larimer County Building Department dated January 5, 2001, and recommended the conditions contained in this letter be attached to any motion for granting the variance. Chair Barker and Member Lamy noted that the conditions requested by the County Building Department seemed extraordinary. Based on the seclusion of the site and slope of the ground, it was moved and seconded (Ball/Sager) to approve the variance request to allow a maximum height of 38 feet in lieu of the 30-foot height limit as required in the RE-1 Estate zoning district and it passed. Those voting yes: Lamy, Sager, Newsom and Ball. Those voting no: Barker. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 4. LOT 2, BLOCK 7, WINDCLIFF ESTATES 5~H FILING, 3464 EAGLECLIFF CIRCLE DRIVE, APPLICANT: TAD PIENKOSZ - HEIGHT VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the Staff Report. The applicant wishes to deviate from the mandated 30-foot maximum height to allow a height of 39 feet. The lot has an average slope of 30%, and is similar in size and shape to other Windcliff lots. The applicant intends to raise the ground level a few feet which will decrease the impression of the full height. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. A one-story house may be built on the site without the requested height variance. Other homes in the Windcliff Subdivision have been built with similar heights. This request is not out of character with Windcliff as a whole, but may be out of character for the immediate vicinity. The applicant purchased the property in November of 2000, after the adoption of the EVDC. Planner Shirk reviewed the Alpine Meadow Homeowners Association Architectural Control Committee letter which recommended the applicant try to reduce the height by 2 to 5 feet as it is substantially above two adjacent homes. The second letter in opposition was from Bruce Johnson, neighbor to the south. Staff revised their recommendation to recommend a 35-foot variance, and stated options for lowering the height by reducing the roof pitch or burying the house further into the ground. Paul Kochevar of Estes Park Surveyors represented the applicants. The original plat for Windcliff was a PUD; however, it was not certain this lot was platted as such. If a 25-foot setback is required, the house will be moved 10 feet to the west and north. It would be difficult to bury the house further as the ground is very rocky. There is a loft in the roof structure that would be lost with lowering the roofline. It is within the height limitation of the Windcliff covenants. The average height of the structure is 30 feet Public Comment: Bruce Johnson, 3460 Eaglecliff Circle Drive, spoke ih opposition as it would impede his view to the north. Christina Benight, 3401 Eaglecliff Circle Drive, asked questions on behalf of the Swanson's, regarding runoff and location of the front door. The Larimer County storm drainage standards would apply. IRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 9, 2001 Page 3 Mr. Kochevar responded to the questions. The applicant is required by the Homeowne fs Association to assure that the road or the neighboring property will not be affected. This site is so close to the structure to the south that any building would affect the view from that property. The reduction of the pitch of the roof was discussed. Based on the compromise to 35 feet and topography, position and size of the lot, it was moved and seconded (Sager/Newsom) to approve the variance request to allow a maximum height of 35 feet in lieu of the 30-foot height limit as required in the E-1 Estate zoning district with the following conditions and it passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. A revised site plan showing the final height, finished floor elevations, grading plan, and location shall be provided at the time of the building permit application. 2. Full compliance with the Uniform Building Code. 3. Non-reflective building materials shall be used on the roof and wall exteriors (excluding windows). 4. Exterior colors shall be muted and selected to blend in with the surrounding hillside. 5. REPORTS Senior Planner Joseph reported on a revised way to calculate an adjusted height limitation that is currently under discussion. Board members discussed various options and encouraged staff to proceed. There being no further business, Chair Barker adjourned the meeting at 9:35 a.m. Jeff Barker, Chair Meribeth Wheatley, Recording Secretary BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment February 6, 2001, 8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Ball, Lamy and Sager Also Attending: Planner Shirk and Recording Secretary Wheatley Absent: Member Newsom Chair Barker called the meeting to order at 8:00 a.m. 1. CONSENT AGENDA The minutes of the January 9, 2001, meeting were accepted as presented. 2. REPORTS Chair Barker requested Staff to give any reports to allow more time for applicants to arrive. Planner Shirk reviewed the formula to calculate the maximum height that is being considered as an amendment to the Estes Valley Development Code. On slopes that are greater than 15% the maximum height may be adjusted up to 40 feet using the formula Mb= 30 + [.50(a+b)] where Mb is the maximum height allowed at any given point, a is the elevation at highest point of natural grade of proposed building footprint and b, the elevation at any other given point within the building footprint. This item will be considered by the Estes Valley Planning Commission this Spring along with other Code revisions. Review of the variance requests began at 8:11 a.m. 3. 1224 CHASM LANE, APPLICANT: GEORGE YOUNG - SETBACK VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the Staff Report. The applicant requests a variance to allow a side yard setback of 39 feet in lieu of the 50 feet required in the RE-1 zoning district. The existing cabin was built in the mid-1940's before building setback requirements were in place. Special circumstances also exist in that the property is located in a 10-acre zoning district that requires 50-foot selbacks, and the lot is only 0.974 acre. Approval would not change the status as a legal-non- conforming structure. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public service, although the Larimer County Building Department had comments related to wildfire hazard and foundation construction. The essential character of the neighborhood would remain the same. If the applicant were to raze the cabin and rebuild completely within the building setback lines, the additional site disturbance and removal of trees might have a greater change in the visual character of the neighborhood compared to the proposed addition. The variance would not adversely affect the delivery of public services. The requested variance represents the least deviation from the regulations that will afford relief. The findings of the Staff report were read into the record. Public Comment: None. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS 0 Estes Valley Board of Adjustment Page 2 February 6, 2001 Based on staff findings which included the facts that femoval of the existing house would create a greater disturbance and the proposed addition better maintains the character of the neighborhood, it was moved and seconded (Lamy/Sager) to approve the variance request to allow a setback of 39 feet in lieu of the 50 foot setback as required in the RE-1 Estate zoning district and it passed unanimously with one absent. All variances grant6d by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 4. LOT 16, GREY FOX ESTATES, 2645 GREY FOX DRIVE, APPLICANT: JOHN OTT - HEIGHT VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the Staff Report. The applicant wishes to deviate from the mandated 30-foot maximum height to allow a height of 39 feet. The lot has a southern exposure, is moderately wooded, and has a slope ranging from 17% to 30%. The submitted site plan does not indicate any cut to lower the natural grade, only fill to raise the grade to create a level building pad. The applicant proposes to build the house on the shallowest portion of the lot, which has a slope of 17-18%. Conforming homes have been built on similar slopes. The burden of demonstrating practical difficulty falls on the applicant. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. A conforming structure could be built on the site. Due to the undeveloped nature of the immediate neighborhood, an "essential character has yet to emerge; however, this house design is comparable to the other existing houses in this subdivision. The applicant purchased Lot 8 in Grey Fox Estates in December of 2000 when the current regulations were in place. The applicant has since acquired Lot 16 in a land exchange with Dick Barlow, developer of Grey Fox Estates. It may be possible to mitigate the applicant's predicament through some method other than a variance. The requested variance does not represent the least deviation from the regulations that will afford relief. The submitted proposal includes a grading plan that raises the lower part of the lot by approximately 10 feet, which in turn requires a 10-foot variance. An alternative would be to raise that portion of the lot 5 feet and lower part of the lot five feet. This would balance the cut and fill, provide the fill from on-site, decrease driveway slope, and reduce the variance to 35 feet. The findings of the staff report were read into the record. Public Comment: None. Based on the fact there was no one to represent the applicant, it was moved and seconded (Sager/Ball) to continue this request to the March 6, 2001 meeting with recognition that the compromise would be a reasonable solution for the applicant's consideration, and it passed unanimously with one absent. 5. LOT 16, RANCH MEADOW SUBDIVISION, 1630 RAVEN CIRCLE, APPLICANT: RICHARD H. WILLE TRUST - VARIANCE FROM THE .30 FLOOR AREA RATIO AS REQUIRED OF MULTI-FAMILY DEVELOPMENT WITHIN THE RM ZONING DISTRICT * BRADFORO PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 6, 2001 Page 3 Planner Shirk reviewed the staff report. The applicant proposes to build twelve 2,091 square foot condominium units on Lot 16 which increases the Floor Area Ratio (FAR) from.30 to.37. FAR was implemented in the Estes Valley to reduce the overall bulk and massing of multi-family developments, and works to fulfill several scenic and environmental quality policies set forth in the Estes Valley Comprehensive Plan as outlined in Chapter 6, Section 6.0. There does not appear to be any special circumstances of practical difficulty associated with this lot. Therefore, the requested variance would nullify the intent and purpose of the FAR requirement. This requirement was implemented after the applicant purchased the property and the applicant has developed several other lots within the subdivision individually. This proposal would be consistent with the development of the rest of Ranch Meadow Subdivision. The developer does not have a statutory vested right to develop this lot under the old regulations. There may be beneficial use of the property without the variance and the applicant's predicament can be mitigated through some method other than a variance. It is the opinion of Staff the requested variance is substantial. Mr. Kevin Doiron, neighbor on Lot 4, Block 4, of Lone Pine Acres, spoke to staff in opposition due to the potential disruption of views, which would have a negative effect on the resale value of his house. It is Staff's opinion granting this variance would violate Section 3.6.C.3 of the Estes Valley Development Code which states: "No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations." If authorized, a variance shall represent the least deviation from the regulations that will afford relief. The Board should use their discretion to determine if the requested variance fulfills this standard. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services, though Town Attorney White had comments regarding a lack of special circumstances associated with this property and the fact the applicant does not have a statutory vested right to develop this property under the old regulations. The findings of the Staff report were read into the record. Bill Van Horn was present to represent the applicant. Applicant agrees there is no vested right; however, the Board of Adjustment has the discretion to allow variances based on special circumstances. The special circumstance is that 29 other lots have been developed in this subdivision without this requirement. The applicant chose not to go through Special Review but rather each lot has been reviewed as a development plan. The density is the same under the new Code. The neighborhood would not be adversely affected. The development to the east has a higher FAR. Regarding the neighbor's comment, the development plan was in place at the time the neighbor's property value was determined. Reducing the number or size of the individual units would be significant and have a financial impact on the owner. The Estes Valley is in need of accessible housing. Commissioner Sager commented that at the time the original development plan was discussed the developer promised that a view corridor would be left on the north part of Lot 16. Mr. Van Horn advised that this was an offer made to satisfy the neighbors to the east but it was turned down. That offer was withdrawn and instead Mr. Wille changed the use of the lot from commercial to residential. Chair Barker noted that the special circumstance was that the neighborhood has been developed under the old regulation. Based on Staff findings that there appears to be no special circumstances and granting this variance would negate the intent of the FAR, and the BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS ~ Estes Valley Board of Adjustment February 6, 2001 Page 4 neighbor to the east would be affected by the loss of a view corridor, it was moved and seconded (Sager/Ball) to deny the variance request for 1630 Raven Circle and it passed. Those voting yes: Lamy, Sager, and Ball. Those voting no: Barker. There being no further business, Chair Barker adjourned the meeting at 9:30 a.m. Jeff Barker, Chair Meribeth Wheatley, Recording Secretary , RESOLUTION NO. 5-01 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys, and any land owned by the annexing municipality. Such area, if annexed, will be known as "PRATT ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Beginning at the S 1/1 corner of Section 15, T5N, R73W of the 6th P.M., thence N 1°45' E a distance of 1,314 feet to the NE corner of the SE 1/1 of the SW 1/1 of said Section 15, thence S 89°34' W along the N line of the S M of the SW 14 of said Section a distance of 1,771 feet to the E right-of-way line of State Highway No. 34, thence along said right-of-way line S 53°49' E a distance of 902.4 feet, thence S 18°30' E a distance of 579.1 feet, thence S 34°23' E a distance of 265.1 feet to the S line of said Section, thence N 89°32' E a distance of 668 feet to the Point of beginning, County of Larimer, State of Colorado. CONTAINING 32.753 acres. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board Public Hearing shall be held March 27, 2001 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose . of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. DATED this day of ,2001. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Vicinity M ap -ROCKY MOUNTA/N NATIONAL PARK 1 al- =:=2=44« ..thl~N:$- 11 1 \4»/r\ \34< ... ..................... .......... ....... 1 -\\ \\ ... I. 1 0\ \ ............. ...... 4/49,/0 62\2448'Uffa \ \ .............. .......... ........ SEC 16~SEC 15, TEN, R73W ~ < ~ ...........1- I 1 1 1 SITE -- i \\ , 1 1 1% A 1 tt 44 /9 <n m# 1 I » 2 1 VII (1 1 1 ! 07/ 1 17' / ~: 1 1 . \1 \ f... 9\ i , i 1 SCALE: NO SCALE CATE 1 REVISION 1 BY VAN HORN ENGINEERING 1043 Fish Creek Road ' P.O. Box 466 Eatee Park, Colondo 80517 Phone: (970) 586-9368 0 FaI: (970) 586-8101 PROJECT: ANNEXATION MAP PRATT ADDITION ESTES PARK, COLORADO DATE: 1 DRAV,N BY: SCALE: 01-28-01 1 JIC 1" - 100' . Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Senior Planner, Acting Director Date: January 24, 2001 Subject: Community Church of the Rockies Special Review Background This is a Special Review use request to -/ 3 7 *29/ 1*\\ , / ' \ 623<4/ permit the resumption of a pre-school Ac /1 A * 11 7-- C Vi -0 l use in two existing lower classrooms within the church. This use will entail 2.5 ~~~< ~0~i·fN~~e~~ ~~ j~~~~~~~, hr. sessions on weekdays, beginning at 4»ni 4 1=j 0 j(-3 1 Mifi 8:30 AM. Ages two and a half to five t , 61-Vs'4~ AVE- ' --1= 9=-i--~,/0 ~2~ years will be admitted. The schedule 19 03 ~ ~ ~ A 0 0-3/VERi 1 1 may be expanded to afternoon sessions 36-/In- -1-4.- .0 a. % 4 .9 1. \ 1 - )· C C if there is a demand. The summer 41*80 443*4/ f , session will be limited to two weeks in / c August. This use will be inspected and 5133%82393 _il©:1~ 3 * Y > licensed by the State. Notification has "° 1 been made to adjacent owners, and no p ., 610 i n # < 111 A It 1 -r c 0 79 ~\ 1 Ml.,21\ correspondence has been received. Action The Planning Commission found the application for the proposed special review use mitigates, to the maximum amount feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment. The Planning Commission voted unanimously to recommend APPROVAL, conditional to a limit of 25 students shall be accommodated at any one time in the building. Staff recommends approval. I ' . Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Senior Planner, Acting Director Date: February 7, 2001 Subject: Al Fresco Place Boundary Line Adjustment Background This is a request to adjust an internal lot line between Lots 128 and 129, Al Fresco Place. The site is located at 441 Chiquita Lane. The purpose is to widen the western portion of Lot 129 to increase the buildable area located in the western portion of the Lot. Right-of- way has been dedicated for the existing Chapin and Chiquita Lanes so that the entire road is within ROW. Additional utility easements have also been included. /1 1 /79 . • ::.... ' ' I ipri n l.' ,"..- 5- Z I. ··w ilit -1-,11 ... %14,1 39 - Action The Planning Commission voted unanimously to recommend conditional APPROVAL. These conditions have been met. Staff recommends approval. 1. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer Fronn: Bob Joseph, Senior Planner, Acting Director Date: February 7, 2001 Subject: Barker Subdivision Background This is a request to combine three existing lots into two new lots (one building lot, one outlot). This request is in combination with the Trails West development plan, which has received approval from the Estes Valley Planning Commission. tfifilt~»~ 1 1 22 63 Action The Planning Commission voted unanimously to recommend conditional APPROVAL. The conditions of approval have been met. Staff recommends approval. '. RESOLUTION TO APPROPRIATE SUMS OF MONEY 6-01 A RESOLUTION TO REAPPROPRIATE THE TOWN OF ESTES PARK'S 2000 ENCUMBERED FUNDS TO THE 2001 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 2000 are reserved from the Ending Fund Balances; and WHEREAS, the Town of Estes Park intends to carry forward to 2001 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 2001 budgets be amended to carry forward the 2000 encumbered funds. Original Revised Fund Encumbrance Budget Budget General 354,159 9,987,737 10,341,896 Museum 1,135 240,348 241,483 Conference Ctr. 6,806 269,365 276,171 Special Events 6 763,999 764,005 Senior Ctr Fund 3 159,181 159,184 Light & Power 200,233 10,067,456 10,267,689 Water Fund 293,636 3,158,840 3,452,476 Fleet Maintenance 3 214,989 214,992 2. The reservation of the 2000 Ending Fund Balances is the funding source for the budget amendments. ADOPTED This 13th day of February, 2001. Mayor ATTEST: Town Clerk .. TOWN OF ESTES PARK EMPLOYEE ELECTRONIC MEDIA ACCESS POLICY Revised January, 2001 The purpose of this policy is to ensure that users of the Town of Estes Park's e-mail, internet, voice mail, electronic facsimile (fax), bulletin boards and electronic subscription services are aware of privacy, security, public records, and legal issues related to the usage of the Town's systems, and to ensure that requests for information stored in the aforementioned formats are complied with as provided by law. Use of the Town's electronic media systems are subject to the following policies: A. Business Use: E-mail is utilized by the Town of Estes Park to facilitate Town work and is intended for business-related communications, including uses related to Town-sponsored events and activities. The Town recognizes that occasional personal use will occur on an irregular basis; such use is permitted as long as it does not interrupt the normal flow of Town business. Internet access, including the use of the World Wide Web, is utilized by the Town of Estes Park, for purposes of research and accessing and downloading instructional and reference material. Any improper use, as determined by the Town of Estes Park (see paragraph D below) is prohibited and may be subject to disciplinary action. B. Requests for E-Mail Records: E-mail messages and attachments are public records and shall be made available for public inspection in accordance with the Colorado Public Records Law. Each individual is custodian of his or her incoming or outgoing e-mail. Whenever a request is made for e-mail records pursuant to Section 24-72-203, C.R.S., the custodian of the records in question shall consult with his or her Supervisor and/or Department Head who, with the Town Attorney will ascertain whether the requested records are public records. When e-mail records are determined to be public, the custodian shall utilize whatever methods are expeditious and cost-effective for the person in interest to retrieve and inspect the requested records. C. Privacy, Security, and Monitoring: Employees have no expectation of privacy when using equipment owned by the Town of Estes Park for e-mail or Internet access. All electronic communications are Town property; and the Town reserves the right at any time, to monitor, access, view, use, copy, and disclose all e-mail messages or Internet downloads of any employee. Computer users are responsible for safeguarding their passwords and may not disclose their passwords to others. Employees may not access the computer accounts of another unless granted permission to do so by that user. This restriction does not apply to system administrators and others who are authorized to access the systems for legitimate business purpose. 1 ... D. Improper Use of E-mail or Internet Access: Improper use of e-mail and Internet access includes, but is not limited to: 1. The transmission, downloading, storage dr distribution of materials containing unlawful or inappropriate comments which are sexually, racially, or ethically offerisive, or which contains jokes, slurs, or disparagements of and threats to others or which create an intimidating, hostile, or offensive work environment are prohibited; 2. Messages or information which conflicts with the Town of Estes Park's policies against discrimination or harassment in the workplace; 3. Personal business advertisements or announcements, or the conducting of any personal for-profit business; 4. Messages or information which advertise or promote a business, political candidate, political or religious cause; 5. Reference or messages which give offense on the basis of race, color, religion, national origin, citizenship ancestry, marital status, sex, disability, age, veteran's status, or sexual orientation; 6. Any frivolous use which interrupts the normal flow of Town business, such as playing games, conducting betting pools, chain letters, etc.; 7. Any illegal use of the Town's computer system. All Town employees are expected to use common sense and good judgment in all official communications and to avoid any communication that is disrespectful, offensive, or threatening to others. Violation of this policy may result in any or all of the following: suspension or loss of e-mail access and/or disciplinary action up to and including termination of employment. E. Retention and Archiving: Each day, the Town's computer system routinely purges incoming and outgoing e-mails that are over 30 days old Therefore, it is an individual employee's responsibility to retain, archive, or purge, as appropriate, any incoming or outgoing e-mail. 2 ./. TOWN OF ESTES PARK ELECTED OFFICIALS ELECTRONIC MEDIA ACCESS POLICY January, 2001 The purpose of this policy is to ensure that users of the Town of Estes Park's e-mail, internet, voice mail, electronic facsimile (fax), bulletin boards and electronic subscription services are aware of privacy, security, public records, and legal issues related to the usage of the Town's systems, and to ensure that requests for information stored in the aforementioned formats are complied with as provided by laws. Public records as defined by State Law, includes the correspondence of elected officials including correspondence through electronic media. The following list of e-mail correspondence is not considered public records by State Statute: 1. Work Product; 2. Without a demonstrable connection to the exercise of functions required or authorized by law or administrative rule and does not involve a receipt or expenditure of public funds; 3. A communication from a constituent to an elected official that clearly implies by its nature or content, that the constituent expects that it is confidential or communication from the elected official in response to such communication from a constituent. Correspondence of Elected Officials: Any correspondence meeting a definition of a public record above is subject to disclosure upon appropriate request. In the event of a request for disclosure, the elected official should immediately contact the Town Administrator who, with the Town Attorney, will ascertain whether the equest is appropriate.