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Home My WebLink AboutPACKET Town Board 2001-07-24Prepared 7/17/01 + Revised 7/18/01 4 + Revised 7/24/01 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, July 24, 2001 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated July 10, 2001. 2. Bills. 3. Committee Minutes: A. Public Works Committee, July 19, 2001: 1. 2001 Street Overlay Contract. 2. Lease of Water Dept. Bay for RMNP Bus Maintenance. 3. Stanley Ave. Trail Construction Contract. B. Light & Power, July 19, 2001: 1. Fall River Hydro Steam Cleaning/Floor Covering Contract. 4. Resolution #28-01 - Intent to Annex Lot 8A, Summervilla Addition, public hearing scheduled August 28, 2001. 2. ACTION ITEMS: 1. ESTES PARK URBAN RENEWAL AUTHORITY REQUEST FOR CONSIDERATION OF EPURA RESOLUTION #297 - CONTINUED FROM JULY 10, 2001. Town Administrator Widmer. 2. PRESERVE THE KNOLL & WILLOWS PROPERTIES AS NATURAL OPEN SPACE AND HISTORIC SITES - PRESENTATION. Bud Hampton, et al. 3. FINANCIAL REPORT - PRESENTATION. Finance Officer Brandjord. 4. LAKE ESTES SECOND ADDITION ANNEXATION: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Town Attorney White read Resolution #29-01 and Ordinance #10-01 E. Mayor - Close Public Hearing F. Motion to Approve/Deny. 5. +RESOLUTION #30-01 - PARK USAGE RULES AND REGULATIONS. Police Chief Richardson. 6. TOWN ADMINISTRATOR'S REPORT. 7. 4 + REQUEST TO ENTER EXECUTIVE SESSION TO RECEIVE LEGAL ADVICE FROM THE TOWN ATTORNEY. Town of Estes Park, Larimer County, Colorado, July 10, 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 10th day of July, 2001. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Absent: Jeff Barker, Trustee Gregory A. White, Town Attorney Mayor Baudek called the meeting to order at 7:01 p.m. and invited everyone to attend the Rooftop Rodeo this week; the Rooftop Rodeo Committee is celebrated their 75~h Anniversary this year. PUBLIC COMMENT None. TOWN BOARD COMMENTS Mayor Baudek thanked the Jaycees for the excellent July 4th Fireworks Display, and he commended everyone involved in providing a safe holiday. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 12, 2001, and Study Session dated June 12, 2001. 2. Bills. 3. Committee Minutes: A. Public Works, June 21, 2001: 1. Causeway Underpass Final Design/Const. Mgmt. - Scope of Services. 2. Fish Creek/Hwy. 36 Intersection Preliminary Engineering - Scope of Services. 3. 2001 Loop Project Change Order. 4. Stanley Ave. Intersection Change Order. B. Community Development, June 28, 2001: Museum Dept./Senior Center: 1. Willows Property - Apply for State Historical Society Register Nomination. 2. Special Transit Agreement for 2001 & 2002. Special Events Dept.: 1. Budgeted Equipment Purchases. l Board of Trustees -July 10, 2001 - Page 2 4. Estes Park Housing Authority, May 9, 2001 (acknowledgment only). 5. Estes Valley Planning Commission, June 19, 2001 (acknowledgement only). It was moved and, seconded (Doylen/Gillette) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek noted that a public hearing would be conducted on the following items if the Town Board, Applicants, Staff or the Public wish to speak. 1. SUBDIVISION. Amended Plat of Lot 21A, Quasebarth Resubdivision, Robert & Diane Howell/Applicants. This plat is to I provide for the relocation of the Bob's Amoco Towing Busin'eks and secure storage business from the downtown area to this subdivision. Three and half lots will be combined into a single lot and the Planning Commission has recommended approval. 2. SUBDIVISION. Castle Ridge Minor Subdivision, Tract 65A of the Amended Plat of Tracts 65 and 66, Fall River Addition, Van Horn Engineering/Applicant. This plat will record the division of an existing tract into two lots and will establish the resultant boundaries of the properly as they exist at the of an incremental gifting process to the Estes Valley Land Trust. The Planning Commission unanimously recommended approval. As there were no persons wishing to speak on the above items, it was moved and seconded (Habecker/Newsom) Items 1 and 2 above be approved, and it passed unanimously. 2. ACTION ITEMS: 1. ESTES PARK URBAN RENEWAL AUTHORITY - REQUEST CONSIDERATION OF EPURA RESOLUTION #297. Town Administrator Widmer reported that EPURA has adopted Resolution' 297 requesting that effective July 30, 2001, the Town take the necessary actions to assume the Knoll land payment obligations and rights to ownership. Approval of this request would allow EPURA to allocate maximum resources to implementation of Walkway Westward. Total purchase price for the 9.29-acre properly is $1,099,361.14. To date, EPURA has invested $757,690.36 and they are obligated to invest an additional $341,670.78 in three more annual payments. The Resolution also asks that consideration be given to allocating Town funds to the implementation of Walkway Westward, consistent with the current EPURA investment in the purchase of the Knoll property. Background survey information beginning in 1995 was also reviewed. The Town's budget contains $100,000 in 2001 and 2002 for the purchase of open space, and funding is provided from Larimer County Open Space Fund revenues. Staff believes the request is appropriate; Lots 1 and 3 Stanley Knoll Addition are currently owned by EPURA, and same should be transferred to the Town; and three options were presented. Following discussion, it was moved and seconded (Habecker/Gillette) this item be continued to July 24, 2001 to allow staff an opportunity to provide budget implications to the Town budget, and it passed unanimously. 2. LIQUOR LICENSING: A. STIPULATION AND AGREEMENT executed by East Side Food Store, 3.2% Retail Beer License, Thomas Kim/Licensee. FINDINGS AND ORDER OF SUSPENSION for sale to a person under 21 years of age. Board of Trustees - July 10, 2001 - Page 3 Deputy Chief briefed the Board on this liquor violation case, confirming that, as authorized by the Town Board, he and Clerk O'Connor are presenting a Stipulation and Agreement whereby the Licensee agrees the facts and allegations are true and accurate and that the Licensee waives the right to a hearing. Staff is recommending a standard 21-day suspension, with an actual time served of 7 days from 12:01 a.m. Thursday, July 12th through 11:59 p.m. July 18th. This recommendation is consistent with prior suspensions imposed to other liquor licensees on a first offense "sale to an underage person" violation. Mr. Kim addressed the Board, ekpressing his dismay in the violation. It was moved and seconded (Habecker/Doylen) said Order be approved, and it passed unanimously. B. STIPULATION AND AGREEMENT executed by Rocky Mountain Pharmacy of Estes Park, Inc., Liquor-Licensed Drug Store License, Rocky Mountain Pharmacy of Estes Park, Inc./Licensee. FINDINGS AND ORDER OF SUSPENSION for sale to a person under 21 years of age. Deputy Chief briefed the Board on this liquor violation case, confirming that, as authorized by the Town Board, he and Clerk O'Connor are presenting a Stipulation and Agreement whereby the Licensee agrees the facts and allegations are true and accurate and that the Licensee waives the right to a hearing. Staff is recommending a standard 21-day suspension, with an actual time served of 7 days from 12:01 a.m. Thursday, July 12th through 11:59 p.m. July 18th. This recommendation is consistent with prior suspensions imposed to other liquor licensees on a first offense "sale to an underage person" violation. 9 checked this day, 9 more done and all passed. Mr. Barton informed the Board of his employee practices, adherence to liquor laws is emphasized, and, in spite of all the training, a violation still took place. It was moved and seconded (Newsom/Gillette) said Order be approved, and it passed unanimously. C. Public Hearing: NEW HOTEL & RESTAURANT LIQUOR LICENSE for Regnel, LLC, dba CHELITO'S MEXICAN RESTAURANT, 145 E. Elkhorn Ave. (formerly Andrea's of Estes). Mayor Baudek opened the public hearing and Clerk O'CAnor presented the application, confirminp the Licensee completed mandatory T.I.P.S. Training May 22n Applicant representative, Berenice Nelson, reported that all employees will check ID's, and the owners are committed to respect the law. Ed Grueff appeared and offered a personal recommendation for the Applicants. As there were no persons speaking in opposition to the application, Mayor Baudek closed the public hearing. Finding 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, Trustee Doylen moved the New Hotel and Restaurant Liquor License filed by Regnel, LLC dba CHELITO'S be approved. Trustee Newsom seconded the motion, and it passed unanimously. 3. TEMPORARY USE PERMIT FOR ROCKY MOUNTAIN EVANGELICAL FREE CHURCH OF ESTES PARK. Chris Moody/Representative, briefed the Board on the Church's request for a temporary permit. In a memorandum dated July 5th Community Development Director Joseph reported that Section 5.3.D of thJ Estes Valley Development Code require Town Board approval of temporary use permits, and he presented this request for a two-day outdoor event located on Lot 1, Mary's Lake Subdivision. Live music, food and a Sunday church service are planned July 14 and 15. Estimated attendance is 400, supervised parking and temporary shelters are also proposed. It was moved and seconded (Newsom/Gillette) the Temporary Use Permit for Rocky Mountain Board of Trustees - July 10, 2001 - Page 4 Evangelical Free Church of Estes Park be approved, and it passed unanimously. 4. TOWN ADMINISTRATOR'S REPORT. A Water Dept. Publication - The Town of Estes Park Water Quality Report 2000. Town Administrator Widmer commented on this publication that will be mailed to all residents, and commended Tom Blaue and Laurie Button for producing the definitive report. B. CIRSA Awards. Mayor Baudek and Administrator Widmer recently attended the annual Colorado Municipal League Conference, and reported that CIRSA presented two awards to the Town: "Most Improved Safety Program' and 'Lowest Vehicle Safety Rate." Assistant Town Administrator Repola serves as the Town's Risk Manager and he praised S.M.A.R.T. Team Members Robert Hirning/Chairman, Ron Hersh, Jeff Boles, Dave Mahany, Mike van Deutekom, Davina Miles for their time and energy on the safety awareness project. The Team has also implemented changes affecting Workers Comp and these changes have resulted in the Town receiving a refund check. As all employees are taking an active role in safety awareness, they were also commended. The Awards will be presented at the next Team Meeting. Following completion of all agepda items, Mayor Baudek adjourned the meeting at 7:58 P.m. John Baudek, Mayor Vickie O'Connor, Town Clerk ; 1 BMADFORO PUBLISHING Co. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 19, 2001 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 1 gth day of July, 2001. Committee: Chairman Barker, Trustees Doylen and Gillette Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Const./Facilities Manager Sievers, Clerk O'Connor Absent None Chairman Barker called the meeting to order at 8:00 a.m. 2001 STREET OVERLAY PROGRAM - APPROVAL OF OVERLAY PORTION. In a memo dated July 10, Mgr. Sievers Memo reviewed the 2001 Street Overlay Program and presented four bids: Coulson Excavating $185,840 LaFarge, Inc. $188,170 Aggregate Indus. $193,176 Connell Resources $212,300 The 2001 Budget contains $300,000 for the Program. Previously approved expenditures to date total $103,809.35 and staff is requesting the balance of $196,190.65 be approved for the Coulson Excavating bid in the amount of $185,840, with the balance of $10,360.54 for street and parking lot striping. Staff confirmed that the Post Office Parking Lot paving has been delayed to 2003. The Committee recommends awarding the paving contract in the amount of $185,840 to Coulson Excavating, authorizing staff to expend the balance of $10,360.54 as requested and defined above. LEASE OF WATER DEPT. BAY TO RMNP FOR BUS MAINTENANCE - APPROVAL. Rocky Mountain National Park recently solicited bids for maintenance and operation of the new shuttle buses for 2002 through 2006. Lewis Brothers Stages Inc. contacted the Town and has requested leasing a maintenance/wash bay at the Town's Elm Road facilities. The Public Works Dept. responded that the leasing of one bay at the southeast corner of the Water Department Shop would be considered. Staff believes working with Lewis Brothers, any other maintenance contractors, and RMNP, in a cooperative effort, is in the best interest of the Valley as a whole. It could also benefit the possible future Town-maintained bus system associated with the current ongoing Valley-wide Transportation Plan. Staff has been working with the Contractor and a draft a preliminary agreement was reviewed. The major issues of the Draft Agreement are: 1. Only one-year contracts, reviewed annually, would be allowed. 2. The maintenance Contractor will pay for all facility improvements made necessary by use of the bay for diesel bus maintenance. These 1, BRADFORD PUOLI,HING CO. RECORD OF PROCEEDINGS Public Works Committee - July 19, 2001 - Page 2 improvements include, but are not limited to, space ventilation, sanitary %t sewer and trap, additional wall and door installation, vehicle exhaust hose system, and vehicle wash equipment. 3. The Town will share in facilities improvement costs that will benefit the Town's Water Dept. operations and that add to the assets of the facilities. 4. Shop space operation costs will be shared by the Contractor. 5. The Contractor will pay a fair market value lease. The fair market value will be determined by Town consultants, as well as Contractor c6nsultants. 6. The first-year lease period is proposed as June through October, 2002. The proposed 2003 and 2004 lease period is April through October. The proposed 2005 and 2006 lease period is June through October. To meet Lewis Brothers' bid solicitation date, staff remitted a tentative Letter of Agreement to Lewis Brothers with the understanding that the letter did not constitute a formal agreement or contract. Budget ramifications include: Sand trap cost estimate $10,000 (Town) $10,000 (Contractor) Shop walls/door addition cost estimate $ 5,000 (Town) $ 5,000 (Contractor) The project could be financed by capital improvement funds in the 2001 and 2002 budget Following confirmation that facility space for Town operations would not be jeopardized, the Committee recommends staff be authorized to proceed with finalization of the lease agreement between the Contractor and the Town if the Contractor is awarded the bid. The final agreement will be submitted to the Town Board for their approval.. ' CABLE TELEVISION COMPANY REQUEST FOR EASEMENT. ON TOWN PROPERTY - APPROVAL. The Committee reviewed a letter andsketch from Charter Communications explaining the company's plan to extend its line from Confluence Park north along Riverside Dr. to the northern portion 6f the old Coffee Bar Parking Lot. To reduce asphalt demolition and avoid utilities, they are requesting to bore the line along the western portion of the Children's Park Parking Lot and the western portion of Bond Park. To accomplish this plan, an easement is being requested from the Town. The company has agreed to pay for attorney and recording fees in preparing the required legal description for said , easement. The9 also agree to immediately repair any damage to Town property, including landscaping. , Glenn Smith, Chief Technician/Charter Communications, explained the request in detail, confirming that Cable would prefer approval to begin construction by August 15th to facilitate Cable's contractor schedule and money-savings in the contract itself. Additionally, Cable agrees to confirm whether construction would conflict with planned Bond Park activities, and fund any line relocation if or when Bond Park improvements are scheduled. A question and answer period followed concerning technical specifications of the boring operation, including the experience of the contractor and options available for time-of- day, work during the week, not on weekends, and the like. In ascertaining the BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee-July 19,2001 - Page 3 immediacy of construction, Mr. Smith confirmed that no customer would be without cable service due to this project. Mgr. Sievers confirmed that Cable obtained a right-of- way permit April 4th and that the 30-day effective period has expired; a complete traffic control plan is needed beyond traffic cones; vehicles should be restricted to the concrete sidewalk, not the park grounds; and prior history indicates granite boulders may be found that could delay the project. Reaching a 2/1 consensus on the construction commencement date, the Committee recommends approval of the easement, with work beginning no sooner than September 30, 2001, and the expected highway crossing is to occur during nighttime hours. STANLEY AVENUE TRAIL - REQUEST AUTHORIZATION TO PROCEED WITH CONSTRUCTION. The Town included design and construction of the Stanley Ave. Trail in the 2001 and 2002 Budgets. In February, Estes Park Surveyors was contracted to perform the Design and Construction Management as well as act as the General Contractor for the project. ' The Committee reviewed a Phase I sketch that outlined the limits of the project for 2001. The project is scheduled to begin by mid-August. As it is a relatively small project, Estes Park Surveyors will solicit prices from local contractors. Approval by the Town Board will allow solicitation of prices and start of construction in mid-August. The Budget is $60,000, and the cost breakdown is as follows: Design and Construction Management $14,600 Construction (entire project) 45,400 Total $60,000 Construction for this phased-project is planned in the right-of-way. The Committee recommends approval to proceed with price solicitation and construction. REPORTS. Fish Creek Intersection. Director Linnane and Cornerstone Engineering are meeting with CDOT to discuss this intersection that will eliminate a non-conforming intersection. Improvements will result in an intersection similar to the Hwy. 34/36 Intersection, and staff anticipates plans will be completed by Spring. Town funds are not being expended on this project. Estes Park Gateway Sign Project. Staff confirmed that the plans were submitted to CDOT for their review, and as yet, CDOT has not responded. There being no further business, Chairman Barker adjourned the meeting at 8:49 a.m. 4;60Â·Q,8Â»J Vickie O'Connor, CMC, Town Clerk MRADFOROPUILISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 19,2001 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 19th day of July, 2001. Committee: Chairman Jeffrey, Trustees Habecker and Newsom Attending: Chairman Jeffrey and Trustee Habecker Absent Trustee Newsom Also Attending: Town Administrator Widmer, Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, Deputy Town Clerk van Deutekom Chairman Jeffrey called the meeting to order at 9:00 a.m. CHARTER COMMUNICATION FRANCHISE TRANSFER OF OWNERSHIP. Director Matzke reported that a request was received from Charter Communications, Inc. (Charter) to transfer the July 27, 1993 Franchise Agreement (Agreement) from Cable Systems, Inc. to The Helicon Group, L.P. Director Matzke noted that the existing Agreement requires Town Board approval prior to any transfer of ownership. Karen Bishop and Glen Smith/Charter Communications addressed staff's concerns regarding franchise deficiencies as outlined in the Agreement. Areas discussed include: FCC regulations, annual performance tests, audited financial reports, FCC filings related to CATV operation, installation of cable facilities on Town-owned poles, independent technical compliance reviews, on-line FM stations, and quarterly revenue statements. The Committee requested Charter Communications, Inc. provide a written response addressing Charter's compliance efforts to the deficiencies listed above at the August 9th Committee meeting. ESTES SUBSTATION DUCT EXTENSION AND FALL RIVER HYDRO PEDESTRIAN BRIDGE ENGINEERING SERVICES CONTRACTS - AWARD. Director Matzke reported that the proposed Estes Substation Duct Extension project is an extension of the existing duct line beginning at the entrance to the Fire Station extending east along Hwy. 36 to the existing duct line installed under the bike path along the Lake Estes trail. This new line will accommodate the installation of 2 additional underground circuits from Estes Substation to Mall Road. The proposed Fall River Pedestrian Bridge project is a replacement of the bridge destroyed during the Lawn Lake Flood. The 2001 budget includes $180,000 for the Estes Substation Duct Extension and $70,000 for the Fall River Hydro Pedestrian Bridge. The following proposals were received: Cornerstone Van Horn Engineering Estes Duct 2250 3550 Fall River Bridge 6850 3950 The Committee recommends that the contract for engineering services for the Estes Substation Duct Extension be awarded to Cornerstone Engineering for $2,250 and the Fall River Bridge be awarded to Van Horn Engineering for $3,950. DRAD....PUBLISHING.0 RECORD OF PROCEEDINGS Light and Power Committee - July 19, 2001 - Page 2 FALLRIVER HYDRO PLANT STEAM CLEANING AND FLOOR COATING CONTRACT - APPROVAL. Director Matzke reported that staff and Top Gun Pressure Washing, Inc. negotiated a contract price to steam clean the water wheels and generators at the Fall River Hydro Plant ($1685) and clean and coat the concrete floors in the plant building ($6,498) for a total cost of $8,183. The 2001 budget includes $140,000 for the Fall River Hydro Project. The interpretive exhibit contract was awarded in January 2001 for $119,174. The Fall River Restoration Plan anticipated $2,565 for cleaning of the generating equipment. The amount for cleaning and coating the concrete floors ($6,498) is not specifically funded in the 2001 budget, but is within the budget amount. The Committee recommends that the steam cleaning and floor coating contract be awarded to Top Gun Pressure Washing, Inc. at a total estimated cost of $8,183. OUTAGE UPDATE. Director Matzke updated the Committee on the April 21St and June 1St outages and commended staff, dispatchers, and fire department personnel on their outstanding efforts. He also noted that the effects of the April 21St ice storm were minimized in' areas where tree-trimming work had been performed and that the incident report for the June 1St outage is currently being prepared. Chairman Jeffrey expressed an interest in receiving notification during major outages. REPORTS Platte River Power Authority (PRPA): A work session is scheduled in August to discuss new and long-term power generation options. Other areas discussed include peak load amounts and a proposed air conditioning rebate program. Financial Report: The May and June income statements, graphs, and wind energy program totals were reviewed. Project Updates: The Stanley Village street light project is complete. Director Matzke reported that a rdcent employee suggestion regarding replacement of the current pole trailer could provide improved pole transportation safety. Initial research indicates the cost to replace the trailer is estimated between $10,000-$14,000. The Committee recommends staff solicit bid proposals for the replacement of the pole trailer and return to the Committee in August for further discussion. There being no further business, Chairman Jeffrey adjourned the meeting at 10:07 a.m. and invited attendees to attend the new Meter Department mini-van demonstration. %41,%11U--_> Rebecca van Deutekom, Deputy Town Clerk RESOLUTION NO. 28-01 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 "LOT 8A SUMMERVILLA ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A portion of Section 35, Township 5 North, Range 73 West of the 6'h P.M. more particularly described as follows: Commencing at the NE Corner of said Section 35: thence along the North line of said Section 35 N 90Â°00'00" W 765.00' to the True Point of Beginning; thence S 00Â°24'11" E 379.37'; thence N 88Â°59'38" W 170.03'; thence S 38Â°39'36" W 91.82'; thence S 80Â°21'35" W 75.25'; thence N 16Â°12'33" W 127.52'; thence along a tangent curve, concave to the East with a radius of 150.57', a delta of 38Â°08'20"anda chord bearing of N 2Â°51'29" E a distance of 100.23'; thence tangent to said curve N 21Â°55'32" E 118.41'; thence N 17Â°55'21" E 136.75' to the North line of said section 35; thence along the North line of said Section 35 S 90Â°00'00" W 243.28' to the True Point of Beginning. Containing 2.83 Acres. ' IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board Public Hearing shall be held August 28, 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 24a day of ' July , 2001. TOWN OF ESTES PARK Mayor ATTEST: '.4. Town Clerk , Administration Department Memo To: Honorable Mayor Baudek Board of Trusteps: A From: Rich Widmer ,-, - Town Administr~f Date: July 18,2001/ Subject: EPURA Resolution No. 297 (Continued) Background. EPURA's request for the Town to assume payment obligations for the remaining Knoll payments was discussed at the Town Board meeting on July 10, 2001. The Town Board asked for clarification of the effect of assuming the payments on the fund balances. Budget. The 2001/2002 Town Budget shows General Fund total year-end balances of $2.6 and $2.9 million, respectively. Of that amount, $1.15 million is unreserved in each year. Beginning in 2001, most large capital projects and expenditures except vehicles were placed in the Community Reinvestment Fund. As budgeted, the Community Reinvestment Fund balance at the end of 2001 is $1,758,167 and $2,035,747 at the end of 2002. The Town has purchased 179 Stanley Circle Drive since the budget was adopted. This $175,000 purchase was made from the Community Reinvestment Fund, so the fund balances shown above will be reduced by that amount, to $1,583,167 and $1,860,747 respectively. Other changes will occur, as project schedules are adjusted and the normal Town budget process takes place later this year. It is not possible to predict all those changes at this time. The previous memo on this subject dated July 6, 2001 explained the Open Space Fund contains $100,000 in each of 2001 and 2002 for open space purchases. If the Knoll payments were made from this fund, there would be no effect on the Community Reinvestment Fund; however, all lands bought from this fund are restricted to use or improvement as open space, natural areas, wildlife habitat, and parks and trails. Action. The July 6 memo suggests approval of the request to take over the remaining payment obligations and rights to ownership of the Knoll property. As a further suggestion, assuming the Town Board wants to proceed with approval of the request, the first yeafs payment could be made out of the Community Reinvestment Fund to preserve options until future uses of the Knoll property are decided. A written agreement with EPURA should be prepared and brought back to the Town Board for approval. Administration Department Memo To: Honorable Mayor Baudek Board of Truste 1 From: Rich Widmer ~.- O- Town Administr~r Date: July 6, 20010/ Subject: EPURA Resolution No. 297 Background. The EPURA Board adopted Resolution No. 297 on June 20, 2001. This resolution requests the Town Board to take the necessary actions to assume the Knoll payment obligations and rights to ownership beginning on July 30, 2001. This is so EPURA can allocate maximum resources to implementation of Walkway Westward. Total purchase price for the 9.29-acre property (map attached) is $1,099,361.14. To date, EPURA has invested $757,690.36 and is obli~ated to invest an additional $341,670.78 in the form of three more annual payments due on July 30 . The 2001 and 2002 payments are $119,230.12 each and the final payment in 2003 is $103,210.54. The resolution also asks that consideration be given to allocating Town funds to the implementation of Walkway Westward, consistent with the current EPURA investment in the purchase of the Knoll property. In early 1995, when the Knoll purchase was being considered, a flyer was sent to Estes Valley residents concerning the future use of the property. The proposed use of the property was described in the following way. The Estes Park Downtown Redevelopment Plan calls for this parcel of land to be used for public purposes. Selected uses on this primary entry into town would be designated to be compatible with the natural setting of the total area of 13 acres. Currently owned open space 4 acres (Lots 1&3 purchased by EPURA in 1991) Additional open space 4 acres Clustered areas of parking 2.5 acres Public facility(ies) 2.5 acres Of the 3,031 flyers delivered, 1,447, or 48%, were returned. Of those returned, 1,199, or 83%, were in favor of purchasing the Knoll for the above-described uses. The Knoll parcel is 9.29 acres out of a total land area in public ownership of 19.5 acres. When all payments are completed, total cost bf the 19.5 acres will be $1,918,790, including interest. Budget The Town Budget contains $100,000 in 2001 and 2002 for purchase of open space, using Larimer County Open Space Fund revenues. Action This is a policy decision of the Town Bdard. The Town Board has several optioris regarding this request. One option is to decline EPURA's request, and let them make the final payments on the Knoll. Another option is to accept the request, at the costs outlined above. A third option would be to pay a portion of the payments requested. Staff respectfully suggests that the request is based on sound reasoning, and the ownership of the Knoll is an appropriate Towh responsibility. We, therefore, suggest approval of the request to take over the remaining payment obligations and rights to ownership of the Knoll property. â€¢ Page 2 -MOROPUBLISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 20, 2001 Minutes of a Regular meeting of the ESTES PARK URBAN RENEWAL AUTHORITY of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of June, 2001. Commissioners: Steve Jackson, Tamara Jarolimek, Richard S. Putney, Paula Steige, Gerald W. Swank, Al Wasson, Rich Widmer Attending: Jarolimek, Putney, Steige, Swank, Widmer Absent: Jackson, Wasson Also Attending: Executive Director Smith, Finance Director Brandjord, Deputy Town Clerk van Deutekom Chairman Putney called the regular meeting to order at 8:00 a.m. AGENDA There being no objection, the Agenda was approved as presented. MINUTES It was moved and seconded (Widmer/Swank) the minutes of the regular meeting of May 16, 2001 be approved as presented, and it passed unanimously. COMMUNITY COMMENTS None. COMMISSIONER AND COMMITTEE REPORTS Town Administrator Widmer reported that the recent Walkway Westward presentation was well received and citizen comments have been positive. RESOLUTION 296 APROVAL OF BANKING AGREEMENT - APPROVAL. Finance Director Brandjord presented the Bank of Colorado agreement regarding Automatic Clearing House crediUdebit transactions. Executive Director Smith read Resolution 296 and it was moved and seconded (Steige/Jarolimek) Resolution 296 be approved as presented, and it passed unanimously. RESOLUTION 297 FINANCIAL ALTERNATIVES REGARDING THE KNOLL PROPERTY - APPROVAL. Executive Director Smith read Resolution 297 requesting that the Town of Estes Park assume the lease/purchase agreement and all obligations for the Knoll Properly. It was moved and seconded (Swank/Widmer) Resolution 297 be approved, and it passed unanimously. WALKWAY WESTWARD PROJECT - UPDATE. Executive Director Smith reported that Commissioners ranked the Walkway Westward project in the following order: 1) Wiest Parking/Wiest Plaza, 2) Market Square/Wiest Pedestrian Mall, and 3) Performance Park and citizen feedback reflects the same priority ranking. Other items discussed include the final draft document from Design Studios West and Tabor issues. PROJECT REPORTS/ACTIONS Executive Director's Report. Executive Director Smith updated the Board on the Stanley Village lighting project, Transportation Study, and the International Parking Institute Conference. MAADFOROPUBLISH*NGCO. RECORD OF PROCEEDINGS Estes Park Urban Renewal Authority, June 20, 2001 - Page 2 Town Administrator Widmer noted that it is becoming increasingly more difficult to purchase light fixture replacements downtown since the fixture style was selected over 18 years ago. He explained that a team will bd formed in the near future t6 address the lighting issue. It was moved and seconded (Steige/Jarolimek) to adjourn the meeting at 8:35 a.m. to Executive Session to discuss potential property acquisition and personnel issues, and it passed unanimously. Chairman Putney reconvened the Board at 9:12 a.m. The Employment Agreement between. the Board of Commissioners of the Estes' Park Urban Renewal Authority and Executive Director Smith wah reviewed. The following changes were noted: The length of the Agreement Will be 2 ydars commencing June 21, 2001 with a salary increase of 5% each year through 2003; annual reviews will be conducted each year; Executive Directbr Smith shall accrue vacation at 10 hours per month as provided in the Town of Estes Park's Personnel Policy Manual; and Section 2(G) (Deferred Compensation) shall be deleted. It was moved and seconded (Steige/Swank) to approve the Employment Agreement between the Board of Commissioners of the Estes Park Urban Renewal Authority and Executive Director Smith with th& changes presented above, and it passed unanimously t Chairman Putney expressed the Board's appreciation to Executive Director Smith Mr the professional manner in which he performs his duties and explained that the Board / unanimously agreed that the leave scheduled by Executive Director Smith for the first week of July, 2001 shall be with pay. There being no further business, Chairman Putney adjourned the meeting at 9:16 a.m. The next regular meeting will be July 18,2001 at 8:00 a.m. *valt/41*/1/*56'll Rebecca van Deutekom, Deputy Town Clerk I. I 4 Â¥ .t; .'3 : 2 9 -' F.y F . . , - 1 1 9 . 427 4 1 - . 4. r f. 3,3032' 0 , 4. - I * ** I ;5%14% *z / Z -4 * 4. 02 r + 6. 2 .. '' I - . I, . + ...p- 4.. , 72..~ 4 .0 . '44* ~~ 1 '* â€žAl i'. 01-ky t . . .. 2 . ... 4* . *7.4 I 14 R . 7 - ... :19 + * . 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It /6/ RESOLUTION NO. 297 A RESOLUTION OF THE ESTES PARK URBAN RENEWAL AUTHORITY REQUESTING THE TOWN OF ESTES PARK TO ASSUME LEASE/PURCHASE OBLIGATION FOR THE KNOLL PROPERTY WHEREAS, the Estes Park Urban Renewal Authority (EPURA) is in the process of purchasing the Knoll Property, a 9.29 acre parcel, under a lease/purchase arrangement, an endeavor which consumes nearly one-quarter of the financial resources which EPURA would otherwise have to spend annually on projects under the current intergovernmental agreement with the Town: and WHEREAS, as of this date, EPURA has invested $757,690.36 toward the purchase of the Knoll Property and is obligated to invest an additional $341,678.78 in the form of three more annual th payments due on July 30 of each year, as required by Appendix A of the Lease/Option Purchase Agreement between EPURA and Beefit Corporation, the owner; and WHEREAS, the primary charge of EPURA is to build and improve the Town infrastructure toward the end of community improvement and economic enhancement of the business community, a charge that deserves greater financial resources than are currently available, especially in view of an early start to significant implementation of the Walkway Westward plan. NOW, THEREFORE, BE IT RESOLVED BY THE ESTES PARK URBAN RENEWAL AUTHORITY THAT: The EPURA Board of Commissioners requests that the Mayor and Town Board of Trustees take the necessary actions to assume the Knoll payment obligations and rights to ownership beginning on July 30,2001, so that EPURA can allocate maximum resources to fulfilling its major charge of community improvement and economic enhancement. EPURA will transfer the lease/purchase agreement and all obligations to the Town of Estes Park. The EPURA Board also asks that consideration be given to allocating Town funds to the implementation of Walkway Westward, consistent with the current EPURA investment in the purchase of the Knoll property. ADOPTED this 20tl, dayof June, 2001. ESTES PARK URBAN RENEWAL AUTHORITY R14 r.,314 Chilroan ATTEST: Secretary -'pura < PLANNED PROGRESS Memorandum July 24,2001 To: Mayor Baudek and Board ofTrustees From: Richard S. Putney, Chairman, Estes Park Urban Renewal Authority Re: Key Issues Related to the Knoll Property and Adjacent Parcels Presented with the opportunity to acquire the 9.29 acre Knoll property, a poll of Estes Park citizens was conducted, regarding whether of not the property should be acquired for certain public uses including open space, parking and public facilities. The overwhelming response was to purchase the property and keep the area for public uses. In the poll, possible public uses were described as picnic areas, walking paths and an amphitheater. In keeping with the results of the poll, EPURA entered into a lease/ purchase agreement to acquire the property. This lease/purchase of the Knoll complemented the earlier acquisition by EPURA oftwo adjacent parcels totaling 4.11 acres. Of the total of 13.4 acres, the proposed acreage to be devoted to open space, as presented in the poll, was 8 acres. Acquisition of the Knoll property took the last remaining parcel in the area out of private ownership, to ensure that no private commercial development would occur, thus ending the threat of outlet malls and condominiums. The Estes Park Urban Renewal Authority has asked the Town Board to assume the remaining financial obligation relative to the Knoll, so that EPURA's limited resources could be directed toward the initial work in renewing the west corridor of downtown Estes Park. This obligation amounts to making the last three annual payments, totaling $341,678.78. Regarding the primary EPURA purpose in acquiring land in the Knoll area - to act on the voters' desire to preserve the area for public purposes - that job is done. The issues now facing the community are to define just what are the public purposes desired on these contiguous public properties, which total almost 20 acres.. The key questions are: What uses are consistent with making this land available to the public; Just what is "open space" in relation to these public lands (most of the properties have been purchased with Open Space funds or have been designated as open space); What are the possible consequences of any public uses of these lands on the surrounding area in regard to parking, walkways such as the Riverwalk and the Lake Estes Trail and wildlife movements; What management structure should be employed to oversee these lands? ESTES PARK URBAN RENEWAL AUTHORITY 170 MACGREGOR AVENUE â€¢ POST OFFICE BOX 1200 â€¢ ESTES PARK, COLORADO 80517 â€¢ 970/577-3704 â€¢ FAX 970/586-2816 I To study these issues and questions and develop proposals to address them, I would propose that the Mayor and Town Trustees appoint a task force to do the work and report back to the governing body by the end of the year. It is right and necessary that a body be created by, and be accountable to, the elected governing body to address these issues, since the properties have been, or are being, purchased with public funds. Thank you for considering our request and suggestions. HISTORY AND RESOURCES DOCUMENTATION REPORT FOR THE KNOLL-WILLOWS PROPERTIES 21'*f . "G. 1 . rÂ» *re.. 1.Er : U , . t. f, 'r . 4,Â»Â· M.IL. 4 3.*.,2':1, ~iMA/T,;~ 12'r'.44*Cl#lidy... -' :T ' 4/ July 2001 Estes Park Town Government/EPURA Staff and Estes Park Knoll-Willows Conservancy ./. i 0 TABLE OF CONTENTS History and Resources Documentation Report for the Knoll-Willows Properties 1. ACKNOWLEDGMENT STATEMENT 4 2. INTRODUCTION 6 2.1 Purpose and Intent of this History/Resources Report 6 2.2 Properties Identification and Location 6 2.3 Current Ownership 9 2.4 History of Town/EPURA Acquisition of Knoll-Willows Properties and Considered Uses Along the Way. .... / 3. EXISTING CONDITIONS 12 3.1 Overview 12 3.2 Natural Resources 13 a. Climate 13 b. Topography/Geology/Soils ..............................................................15 c. Three Ecosystems with Plant Identifications 16 d. Knoll-Willows: The Natural Habitat 19 e. Trees: Perspectives of Enos A. Mills, Esther Mills and Enda Mills Kiley 19 f. Wildlife Habitat 70 g. Bird Habitâ‚¬â€¢t 71 h. Wetlands 77 3.3 Trails, Roads, Christmas Season Lighting Frame 74 3.4 Archaeology 75 3.5 Visual and Historic Resources 75 3.6 Adjacent Land Use 30 4. PUBLIC DESIRE FOR TOWN TO OWN AND DEDICATE THE KNOLL- WILLOWS PROPERTIES AS A NATURAL OPEN SPACE-HISTORIC SITE CONSERVATION ARE A 31 4.1 EPURA Citizen Poll, Knoll Property (1995) 31 4.2 EPURA Knoll Purchase 13 4.3 Knoll-Willows Conservancy Signature Sheets (Feb - June, 2001) .........33 4.4 Town Groups Endorse Natural Open Space - Historic Site Preservation 35 5. REFERENCES CITED 15 2 1 6. APPENDIX A: Figure 1: Aerial photograph base with the Knoll-Willows Properties overprint and adjoining properties 7. APPENDIX B: Figure 2: Topographic Contours on aerial photograph base with Knoll-Willows Properties 8. APPENDIX C: Estes Park Community Profile, dated 1998 9. APPENDIX D: Plant List by Barri Bernier 10. APPENDIX E: Wetland Delineation of The Burch/Bickle Site, Estes Park, Colorado (1989) by Tom R. Cottrell M.S. Ecologist, Ph.D.Candidate ............... 11. APPENDIX F: Larimer County Wetland Definition 8.25 from the Larimer County Land Use Corip 12. APPENDIX G: Bird List, Knoll-Willows Properties by Scott Rashid. ........... 13. APPENDIX H: The Knoll-Willows Conservancy Signature Sheets ............... 14. APPENDIX I: Town Groups Endorse Natural Open Space and Historic Site Preservation. 3 1 ACKNOWLEDGMENT STATEMENT I have read the History and Resources Report for the Knoll-Willows Properties carefully and thoroughly and believe it to represent accurately and fairly current uses and conditions of the natural and man-made historic conservation values of The Properties at this time ~uly, 2001). . JAS-4 Wil Snl~6, Executive Director of EPURA bite / n~ -7 / 19 /ol BoK Jos~!!i~*mudfty Development Director Daie / 1 le-..3 04<24Â¢*7*-Wte#A Â©4.11 A /0 LA- A . --r~)4/01 trk. (Bud) Hampton",ldhaiÂ¥6an Dad / The Estes Park Knoll-Willows Conservancy |~ Bob JQ*<Vice-Chairman <batd 7)/9)0/ The Estes Park Knoll-Willows Conservancy staff of EPURA and the Town and The Knoll-Willows Conservancy with its some 40 This report was collaboratively prepared with input from and cooperation between the individual members. First of all, Meribeth Wheatley, secretary for the Knoll-Willows Conservancy, is thanked for her steadying personality, support, and keying of this complex report. Bud Hampton organized and wrote the first draft to facilitate group and individual participation. For organizational style Hampton drew heavily on the Baseline Documentation Reportfor Red-Tail Ridge Open Space, August 2000, by Larimer County Parks and Open Lands Department. Outside consultant specialist Rick Spowart, Ph.D., Colorado Division of Wildlife, is thanked for his valuable input. Qualified specialists . from within The Knoll-Willows Conservancy, such as Enda Mills Kiley (trees, nature and early history) from the perspectives ofher parents, Enos A. and Esther Burnell Mills, and from Enda Mills Kiley, herself; Barri Bernier, Rocky Mountain National Park Biological Science Technician (plants, ecology zones, habitat); Howard H. Lipke, B.S., Wildlife Management, University ofMontana, retired Fish and Wildlife Service Refuge Manager with 33 years experience, Wetlands Manager in establishment of two national wildlife 1 refuges; Scott R.ashid, (licensed bird rehabilitator and bird habitat specialist); Bud Hampton, Ph.D. (geology and anthropology/archaeology); and attorneys at law, Glenn Mapes, Glenn Porzak, and John C. Mulvihill. The many other members of The Knoll- m Willows Conservancy are thanked for their individual efforts and hard work that resulted in a responsible team â‚¬#ort. We would like to recognize Shawn Kraft, GIS System Analyst, Estes Park, for his valuable map contributions. Richard Widmer, Town 4 l Analyst, Estes Park, for his valuable map contributions. Richard Widmer, Town Administrator, has been forthright in allowing documentation fieldwork to proceed on Town properties and is both recognized and thanked. Betty Kilsdonk, Director of the Estes Park Area Historical Museum is thanked for facilitating with Rich Widmer early access to the Birch log cabin for research and for moving forward (separately from the Knoll-Willows Conservancy) with the Town to nominate the Willows Properties with the Birch log cabin and Birch stone min to the Colorado State Register of Historic Properties (approved first by the Town of Estes Park's Community Development Committee, with final approval by the Estes Park Board of Trustees on July 10,2001). Because such a collaborative report as this between Town Government/EPURA staff and an organized group of volunteers such as The Knoll-Willows Conservancy was problematic from the outset, action recommendations were sensitively omitted from the report. 1 5 , 221,29 ./ 1 1 9(6. '. 1 46.4 . 1+4Â» M l 2 INTRODUCTION 2.1 Purpose and Intent of the Knoll-Willows Report The purpose ofthis report is to identify the properties and document historic information, existing conditions, and other data that are pertinent to Knoll- Willows use analysis and Town Government/EPURA decisions regarding The Properties. 2.2 Properties Identification and Location The properties consist of 19.41 contiguous acres that are bounded on the east and north sides by US Highway Bypass 34, on the west by north-south oriented MacGregor Avenue and along its south border by municipal parking lots and private commercial buildings with their adjoining parking lots. (See maps, Figures 1 and 2, APPENDICES A and B, by Shawn Kraft, GIS System Analyst, Town ofEstes Park.) 6 . 0- . *a k I .01 T 4 .6, 1,24 2 . i./9 4 t."84 . , Elk . I. IN ..4 , 7. - 2 .zip ax .i . '1 VAL- , 1- --W-. 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V 1 1 el 16 - 411, Â»4 14.,1 . %0.1.a--@01 1 >.~? ., 4/4.. .-:-~.Â» 1.1 41,1 Ir. # " 1 1,11 l j raiN ' , .L1 g ,~~~r Â·11- h % ' I Mim/- 4/*.' . 1*74' . i're, r 1~*~1 Mi .cs."i.bp ~ k ~:~44.' : ijw ;it.3~33ffilx. T~ +4~-*, .,.lia V g .El .- , tw'.9,40 't *Aul-l. Â»2 ~* '1~ 1 4 - 9 Y. E~ I 11"LE''ll!;,d)2.~NÂ«.1 ..W....: 49 %2:Â¥9 -9*:31&Â£9: -- #11 9 I . Qr lk, W $ 4,-44 +0 1 t. I ' f./.Prpli', i ~~~~ 5, 9 4./2. 4 1. t i U ..1_ i ..=r .2,1,~. I.f -2*424.,21.r..I~ --1 *- t Â·*- 41> Â·-*1Â£3- Ifidlial~r-:~~~m- L. 4 C - -4 -~~~."AL.~- I '4 jrijj 1 The properties as a single entity are hereafter referred to as either The Knoll- Willows Properties, or simply, The Properties. All are currently zoned Outlying Commercial. The individual properties were either purchased by the Town Board of Trustees or the Estes Park Urban Renewal Authority. 2.3 Current Ownership a. Birch/Bickle Properties The Town of Estes Park entered into a " lease/option to purchase agreement" with the Estes Park Willows, Inc. for the Birch property, (Lots 1 and 2, blk 11, Town of Estes Park, and Block 2 of the Birch Add. and Lot 2, of the Birch Re-subdivision of Block 1, Birch Addition) in January, 1997. (Figure 1, APPENDIX A). Subsequently the Town of Estes Park entered into a separate "land purchase agreement" with Mr. Fred Bickle for Lot 1 of Birch Re-subdivision in June, 1998 (Figure 1). The last payment on the Willows property was recorded on July 1, 2001 by the Town. The Town was successful in obtaining Great Outdoor Colorado grants which partially funded both of these purchases. b. The Knoll Properties (Figure 1 APPENDIX A) Three more annual payments of $119,230.12 (July 30,2001), $119,230.12 (July 30,2002) and $103,210.54 (July 30, 2003) are due annually on July 30th each year on the Stanley Knoll of Stanley Addition, Lot 2, PID 3524435902,9.29 acres, Figure 1, Appendix A, and will be completed on July 30,2003. 1 Prepayments of the remaining obligation do not appear to be precluded by the terms of the lease-purchase agreement. 1 2.4 History of Town/EPURA Acquisition of Knoll-Willows Properties and Considered Uses Along the Way (Figure 1,Appendix A, and Figure 2, Appendix B) The following long quote is taken from pp.28,29,20 of Program Review, 1982-1994 The Estes Park Urban Renewal Authority preparedby Polly G. Gunn, Chairman: 1 In late August of 1990, EPURA received a request from United Bank, owner of the Knoll property (Tract 2, Stanley Addition) (Hampton note: For map reference see Lot 2, Stanley Addition, 9.29 acres, on Figure 1, Appendix A.) asking that the Estes Park Downtown Redevelopment Program (the "Plan") be modified to designate uses on the property which are allowed in C-0 zoning, such as single family dwellings, two-family dwellings, multi-family dwellings, public open space*, municipal use, day care center, commercial 9 1 accommodations, office, bank, professional services, restaurant and retail sales and services.. . * "Public Open Space" is not defined per se in the Estes Park development code. The intent here would be as described in the Town Code, Section 13.3, Definitions of Words, Terms, and Phrases, item 167: Open Areas shall mean any parcel or area of land or water essentially 1 unimproved with any residential, commercial or industrial uses and set aside, dedicated or reserved for public or private use and enjoyment including recreational, scenic or environmental purposes. Open areas may include agricultural uses and natural features located on a site, including but not limited to meadows, forested areas, steep slopes, flood plains, hazard areas, unique vegetation and critical plant communities, stream corridors, wetlands and riparian areas, wildlife habitat and migration corridors, areas containing threatened or endangered species and archeological, historical and cultural resources". ...The Knoll property had been included in the Plan, under Phase 3, INTERMEDIATE RANGE PROJECTS, as the location for a Conference Center and Community Recreation Center. In Phase 4, it was proposed as the site o f a new municipal center. ..The authority [EPURA] had obtained an option on the Knoll property in 1989 and commissioned a study by Browne, Bortz & Coddington (BBC) an economic consulting firm, regarding a conference center on the Knoll. The results indicated that such was not economically feasible at the time because freestanding conference centers were not successful. ...In the past, the Town had discussed relocation of the Municipal building to the Knoll. However, EPURA had been advised that the Town was not interested in acquiring the property and holding it for future development. Downtown retention of the municipal complex and contemplated relocation of the library were important parts of the downtown area's revitalization.... Since the uses proposed in the original Plan were not feasible or practical, as determined by BBC; EPURA, the Town and its staff suggested that the Plan be modified to encourage the following uses on this property, namely: single- family dwelling, two-family dwelling, multi-family dwelling, public open space, municipal use, day care center, commercial accommodations, office, bank, professional services, restaurant, and retail sales and services.... In October, 1990, EPURA participated with Felsburg, Holt & Ullevig in a feasibility study ($5,000) relative to Factory Outlets on the Knoll. (Hampton added note: There.had been a strong negative public outcry regarding the possibility of one or more factory outlet developments on the Knoll.) In November o f 1990 the Factory Outlet Plan was found to be in compliance. However, the sponsors of the Factory Outlets could not complete their financial arrangements and the Factory Outlets were not built.... 10 EPURA had purchased approximately four acres on the Knoll in March (1990) for $160,000 in order to have a buffer zone if and when the Knoll was developed. It was not a subsidy to the property owner, but an effort to protect the view corridors from and to the Knoll property as well as protect the scenic assets of The Knoll. (Hampton, EPURA purchase was made during the factory outlet debate.) The acreage included a cliff top buffer (Hampton, of natural open space, see Figure 1, Appendix A, Lot 1, PID 3525150901,2.17 acres) on the south side o f The Knoll property and a Black Canyon Creek parcel of 1.94 ac. on the Northwest corner of The Knoll. In early 1995 EPURA received a positive response from a public opinion survey entitled, "Should the Knoll be purchased for the community?" and in 1997 commenced purchase of The Knoll under a 6 year lease-purchase agreement. (For details of the survey results and purchase agreement for the price of $975,000 ($400,000 down and $575,000 to be paid over 6 years at 6% annual interest) plus interest. (see Sections 4.1 and 4.2.) On May 22, 1996, at a special meeting of EPURA, the Board unanimously passed a motion to endorse the establishment of the National Watchable Wildlife Center in Estes Park and to reserve a portion of the Knoll for the location of the Center. The "Center" did not materialize and was not built in Estes Park. 11 i./.-- - L 1.i=1271/3/1/ -- .4. *4 . ,-*?>.61. 3 EXISTING CONDITIONS 3.1 Overview The properties consist o f 19.41 acres of contiguous natural open space, which includes a historic stone ruin o f a house built in 1904 (before construction of The 1 Stanley Hotel) on a promontory overlooking the municipal building and parking lot. Many people looking up from below believe that the ruin is an abandoned fort. A historically related log cabin built in 1908 (during construction of the 1 Stanley Hotel) remains in good condition, down slope to the north of the stone ruins, facing Black Canyon Creek and MacGregor Avenue (Figures 1,2of APPENDICES A and B). Both ofthese archaeological sites ofearly Estes Park history are present in a natural environment. Combined as a single geographic entity, The Knoll-Willows Properties boasts the presence o f a multi- faceted natural environment that contains 1) Three adjoining ecosystems: a) Remnant Open Ponderosa Pine Ecosystem b) Montane Riparian Ecosystem with wetland and willows c) Dry Grassland Ecosystem 2) An aquatic ecology zone (Black Canyon Creek) 3) Jagged rock cliffs and rocky vegetated slopes that bound parts ofthe properties, and scattered rock outcrops and erratics across its upper meadow 4) Beautiful mature and young ponderosa pine trees and shrubs that grace both lower slopes and crestal areas 5) A grassland meadow with its various plants, including wild flowers. 12 The Properties in combination as a single nature and historic site conservation area contain all three o f the attributes for a complete, classical wildl* habitat: food, water, and shelter. The Properties contain significant landscape with both aesthetic and habitat variety. The Properties provide scenic foreground, backdrop, and valuable present-day and historic natural view corridors. The Properties in their untouched, natural and historic state provide opportunity for public education, research, passive exploration and discovery of Nature and history, and a quiet sanctuary within the surrounding hustle and bustle of a vibrant Estes Park. 3.2 Natural Resources a. Climate The Knoll-Willows Properties are located within the town limits of Estes Park in the Montane Zone of the Rocky Mountains. In general the climate is highly variable with a strong seasonal variation in temperature, abundant sunshine and moderate to low precipitation. (For weather detail see Estes Park Community Profile dated 1998, APPENDIX C). 1 OLORADO ~ MAY 1999 -Estes Park - Af,Ul#66Â¢61* PROFILE LOCATION Estes Park, Colorado is located 70 miles northwest of Denver at the eastern entrance to Rocky Mountain National Park and may be reached from the east by U.S. Highways 34,36 and Colorado Highway 7. All highways are well maintained throughout the year for easy traveling. U.S. 34 from the west crosses the Continental Divide and is open generally from May through October, weather permitting. Located in the center of some of the most spectacular scenery in the Rocky Mountains, Estes Park is a popular choice for family vacations throughout the year. The Estes valley has been known for years as a "Watchable Wildlife Area." Large and small wildlifeenjoythisvalleyasmuchaspeopledo! POPULATION Estes Park Estes Town Limits Valley 1970* 1,616 3,554 *1990 Census (Town 1980* 2,703 6,773 limits only) 1990* 3,672 9,139 'Town of Estes Park 1998" 5,200 2,897 bui 10,000 estimate WEATHER IN ESTES PARK Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Average High Temperature 37.9 40 44 52.9 61.8 72.2 78.5 76.7 70 60.2 46.5 40.1 Average Low Temperature 15.4 16.7 20 26.6 34 40.8 46.1 44.7 37.6 30.1 22.4 18 Average Temperature 26.7 28.4 32 39.8 47.9 56.5 62.3 60.7 53.8 45.1 34.5 29 Record High Temperature 61 65 68 77 83 92 93 96 89 85 75 66 Record Low Temperature -38 -39 -26 -19 4 24 31 29 3 -9 -25 -30 Monthly Precipitation .45" .62" .93" 1.64" 2.13" 1.75 2.17" 1.93" 1.27" .94" .71" .5T' Record Precipitation 2.35" 2.3" 3.34" 5.43" 5.43" 5.01" 6.09" 5.79" 4.52" 4.35" 6.47" 2.63" Average Monthly Snowfall 6.7" 10" 12.5" 11.2" 2.4" .2" 0 0 .6" 2.6" 6.8" 8.2" Record Daily Snowfall 28" 12" 15" 30" 3" 3" 0 0 4" 6" 18" 20" Greatest Monthly Snowtall 28.5" 29.5" 31.5" 47" 20" 10" 0 0 4" 6" 18" 20" Days Over 90 Degrees 000001110000 Days Under 32 Degrees 7.8 5.6 4.1 .9 00000.4 2.9 6.9 Information compiled by the Colorado Climate Center, Dept. of Atmospheric Science, Colorado State University, Fort Collins, CO. b. Topography/Geology/Soils (Figure 2) (by Bud Hampton, MA geology, Ph.D. anthropology/archaeology; with 41 years of accumulated professional field work). The Knoll-Willows Properties have variable sloped topography of vertical cliffs on the south, steep-to-moderate-to-gently rising slopes and a moderate rounded Knoll forming the crest (Contour map, Figure 2, by Shawn Kraft, Appendix B). A narrow flat valley forms the riparian north-south trending Black Canyon Creek corridor on the west. Elevations range from about 7525 feet along Black Canyon Creek to 7610 feet around the crest o f the KnoIl. Rock exposures are primarily pre-Cambrian Proterozoic (1,500 billion - 600 million years ago) metamorphic biotite schist, with small outcrops of granite and pegmatite. The biotite schists consist of alternating layers of varying shades of gray-to-black weathered units with mineral assemblages that include at least biotite, quartz, feldspars, and magnetite. Minor amounts of garnet are locally present. In the Biotite schists, surface and near-surface weathered rock includes red to yellow-brown and pink color variations. Biotite schistosity exhibits steep dip angles that vary from 40 to 80 degrees with various strike directions. Pre- metamorphic protoliths o f the interlayered biotite schists include at least shales, siltstones and sandstones. . Rock types and lithologies from preliminary study on the Knoll- Willows Properties conform with the regional geologic interpretation made by William A. Braddock and James C. Cole in Geologic Map of Rocky Mountain National Park and Vicinity, Colorado, in Miscellaneous Investigation Series, U.S. Geological Survey, 1990. The above-described core rock crops out as cliffs which bound parts of the southern and western margins of the properties and as scattered bedrock outcrops and erratics on rocky slopes and upward across the higher Knoll meadow. Soil types of variable thickness have not yet been classified across the KnoII-Willows. A visually pleasant combination of the varied rock and mineral surface colors (including from the stones of the Birch Ruin) with the distribution of varicolored lichen species (pale green, chartreuse, yellow, and orange) on rock and stone surfaces creates pleasant inorganic-organic displays ofnatural art compositions. Lichens are plant forms that consist of symbiotic combinations of algae and fungi which in combination become lichens. The fungus is the part we see. In a lichen the alga is hidden from view under the fungus. These interesting organic pattemed coatings on many o f the rocks and stones are being found in recent geologic research to play a significant role in the important weathering of rock surfaces. 15 "Because of some lichens' extremely slow growth rate (some living thalli are up to 10,000 years old), scientists are using them to date glacial recessions. Many lichens are sensitive to air pollution and are being used to determine regional air quality" 04 Rocky Mountain Lichen Primer, p. Xl,by James N. Corbidge, William A. Weber, and Ken C. Abbot, University of Colorado Press, 1998). "Since lichens are a conspicuous part of the Rocky Mountains" (Hampton, including the Knoll-Willows, for example), " it is natural that outdoor people see them and want to know about them as organisms, and to find out what their names are" (ibid). A data base of transmitted knowledge about the lichens within the center of Estes Park would both spark interest in this visual organic resource and well serve the natural sciences. As Samuel Johnson stated in Boswell's -London Journal, 1762-1 763, "It is by studying little things in detail that we attain the great knowledge of having as little misery and as much happiness as possible" (ibid). b. Three Ecosystems with Plant Identifications (by Barri Bernier, Rocky Mountain National Park Biological Science Technician in charge ofthe RMNP greenhouse). The Knoll-Willows Property within the Town of Estes Park is a Montane Life Zone which includes three ecosystems, a remnant Open Ponderosa Pine Ecosystem, a Dry Grassland Ecosystem and a Montane Riparian Ecosystem. The plants and animals that inhabit and use this property are characteristic of these ecosystems and have survived despite surrounding extensive development. This is a fortunate and unusual situation, indeed, with these combined natural resources existing on a single property within the core center heartbeat of Estes Park. The Ponderosa Pine Ecosystem includes various shrub species. Wax Current and Bitterbrush are two dominant shrubs present on the Knoll- Willows Property that are indicative of this type o f Ecosystem. Grasses and flowers characteristic to the Ponderosa Pine Ecosystem are also definitive o f The Dry Grassland Ecosystem. Mountain Muhly, Blue Gramma, Needle and Thread and June Grass are present and define the Knoll as a Dry Grassland. Rock Spikemoss, a primitive and fragile component of this ecosystem is heavily incorporated amongst the grasses and flowers of the Knoll. The Spikemosses are responsible for building and holding the soil on the Knoll. Dropping down a steep hillside from the Knoll, into the area known as the Willows, Aspen, Willow, Thinleaf Alder and River Birch flank Black Canyon Creek, defining the area as a Montane Riparian Ecosystem. A list of plant species is currently being developed (see Appendix D) to better understand the richness of diversity on the Knoll-Willows Property. To date, 107 plants have been identified in a growing list. 16 m D 1 Family Genus & Species Common Name Alsinaceae (Chickweed Eremogone fendleri Fendler Sandwort family) Alliaceae (Onion Allium cernuum Nodding Onion Family) Anacardiaceae (Sumac Rhus aromatica trilobata Skunkbrush (shrub) Family) Lemonade bush Apiaceae Heracleum sphondylium Cow Parsnip montanum Asparagaceae Asparagus officinalis Asparagus Asteraceae Achillea lanulosa Yarrow (Daisy Family) *Achillea sp. *Achillea (Coronation Gold) Antennaria sp. Pussytoes Artemisia frigid Fringed S Artemisia ludoviciana Western Mugwort *Breea arvensis Canada Thistle Brickellia grandiflora Tassleflower Chrysothamnus sp. Rabbitbrush (shrub) Cirsium undulatum Purple Thistle Erigeron compositus Cutleaf Daisy Erigeron flagellaris Whiplash Daisy Gaillardia aristata Blanketflower Grindelia subalpina Gumweed Lepidotheca suaveolens Pineappleweed Solidago sp. Goldenrod *Taraxacum officinale * Dandelion Solidago sp. Goldenrod Townsendia hookerii Easter Daisy *Tragopogon dubius * Salsify Betulaceae Alnus incana Thinleaf Alder (tree) Betula fontinalis River Birch (tree - shrub) Betula Western Birch Boraginaceae *Cvnoglossum officinale * Red Hounds - tongue Lithospermum Many - flowered multiflorum Puccoon Mertensia lanceolata Lanceleaf Chiming-bells *Mvosotis scorpioides * Forget-Me-Not Brassicaceae (Mustard * Berteroa incana * Hoary Alyssum Family) Boechera drummondii False arabis 1 Noccaea Wild Candytuft Campanulaceae Campanula rotundifolia Mountain Harebell Caprifoliaceae Symphoricarpos Snowberry rotundifolius Caryophyllaceae *Melandrium dioicum *White Cockle Silene scouleri Hall Catchfly Cataceae (Cactus Opuntia polvacantha Prickly Pear Family) Pediocactus simpsonii Mountain Bal] Cactus Chenopodiaceae Chenopodium sp. Goosefoot *Salsola collina or austalis * Russian Thistle ? Crassulaceae Amerosedum lanceolatum Yellow Stonecrop (Stonecrop Family) Convallariaceae Maianthemum stellatum Star Solomonplume Cyperaceae Carex stenophylla Narrow Sedge eleocharis Carex aquatilis Water Sedge Cypressaceae (Cypress luniperus communis Common Juniper (shrub) Family) alpina Sabina scopulorum Rocky Mountain Juniper 4 (shrub/tree) Euphorbiaceae Tithymalus brachvcerus Rocky Mountain Spurge Fabaceae (Pea Family) Astragalus fiexuosus Limber Milkvetch Descurania sophia Flixweed *Melilotus officinale *Yellow Sweetclover Lupinus Lupine Oxytropis lambertii Colorado Loco Thermopsis divaricarpus Golden Banner *Trifolium pratense * Red Clover *Trifolium repens *White Clover Geraniaceae (Geranium * Erodium cicutarium * Filaree Family) Geranjum caespitosum Fremont Geranium Geranium richardsonii Richardson Geranium Grossulariaceae Ribes cereum Wax Currant (shrub) (Gooseberry Family) Ribes inerme Mountain Gooseberry (shrub) Helleboraceae Delphinium nuttallianum Nelson's Larkspur Hydrangeaceae lamesia americana Waxflower (shrub) Iridaceae Iris missouriensis Mountain iris 1 Juncaceae Juncus arcticus Baltic Rush Lamjaceae * Nepeta sp. *Catmint Scutellaria brittonii Britton Skullcap Liliaceae (Lily Family) Leucocrinum alpinum Sand Lily Pinus Pinus ponderosa Ponderosa Pine (tree) (Pine Family) Plantaginaceae * Plantago maior *Common Plantain (Plantain Family) Poaceae *Agropyron cristatum * Crested Wheat Grass (Grass Family) *Anisantha tectorum *Cheat Grass Bromus tectorum *Bromopsis inermis *Smooth Brome Bromus inermis Calamagrostis stricta Slimstem Reed Grass Chondrosum gracile Blue Grama Grass Bouteloua gracilis * Dactylis glomerata * Orchard grass * Elytrigia repens *Quack Grass HesperostiDa comata Needle-and-thread Stipa comata Koeleria macrantha june Grass Koeleria gracilis Koeleria cristata Leucopoa king!! Spike Fescue Hesperochloa kingii Muhlenbergia montana Mountain Muhly Nassellia robusta Green Needle Grass Stipa robusta *Phleum pratense *Common Timothy * Poa pratensis * Kentucky Bluegrass Psuedorogenaria spicata x Elymus lanceolatus Polygonaceae Eriogonum umbellatum Sulpherflower (Knotweed Family) *Rumex crispus *Curly Dock Portulacaceae Claytonia rosea Spring Beauty Ranunculaceae Pulsatilla patens American Pasqueflower (Buttercup Family) Rhannnaceae Ceonothus velutinus Mountain-balm (Buckthorn Family) Buckbrush Rosaceae (Rose Family) Drvmocallis fissa Leafy Cinquefoil Fragaria virginiana Wild Strawberry 1 Oreobatus deliciosus Boulder Raspberry Padus virginiana Chokecherry (shrub/tree) Potentilla Densylvanica Pennsylvania Cinquefoil Pentaphylloides floribunda Shrubby Cinquefoil Potentilla fruticosa (shrub) Purshia tridentata Bitterbrush (shrub) Antelope Bitterbrush Rosa woodsii Wild Rose (shrub) Salicaceae Salix monticola Rocky Mountain Willow (shrub-tree) Populus tremuloides Aspen (tree) Saxifragaceae Huechera bracteata Bracted Alumroot Scrophulariaceae Castillea linariiifolia Narrowleaf Paintbrush (Figwort Family) * Linaria vulgaris *Yellow Toadflax Penstemon virens Low Penstemon Penstemon virgatus Beardless Sidebells Penstemon *Verbascum thapsus *Mullein Selaginellaceae Selaginella densa includes Rock Spikemoss (Spikemoss Family) Selaginella scopulorum *non-native species 1 d. Knoll-Willows: The Natural Habitat (by Howard H. Lipke, retired Fish and Wildlife Service Refuge Manager with more than 33 years of experience.) The Knoll-Willows Wetland Area contains natural and undisturbed vegetation unique to the site. The meadow with the Black Canyon Creek coursing through it on the Willows area provides wetland and moist soil conditions for a wonderful diversity of wetland plants and associated wildlife species. The gradual transition from there to the Knoll proper provides for a diversity of drier site plants and communities which include diverse wildlife. These natural grassland, meadow and stream environment, with their great variety of grasses, sedges and forbs are the most stable plant communities one could hope for. They represent the lowest maintenance cover for the sites and will minimize erosion and noxious weed problems. Left undisturbed, these sites would not require the costly and time-consuming effort of re- establishment. The importance o f maintaining the natural vegetation o f the sites cannot be emphasized enough. Complementing the area is an over-story o f trees and brush dominated by Ponderosa Pine on the drier sites and various species of willows on the lower sites. Lichen- covered boulders and rock outcroppings add considerable aesthetic value to the area. On the issue of sensitivity, both the Willows area and the Knoll are highly sensitive to disturbances, and to their responsiveness to any restoration or re-vegetation efforts that could be required because of development for public or other uses of the sites. A second issue is size. Many people suggest that the small size of the Willows and Knoll Properties (19.4 ac.) is not significant in relation to the hundreds of thousands of acres of natural public lands surrounding the town. This is a misconception of the general public leading to attempts to influence public officials in their decision-making. The uniqueness and sensitivity o f the site with rare plants and, likely, rare wildlife species warrants special consideration. e. Trees and Nature: Perspectives of Enos A. Mills, Esther Burnell Mills and Enda Mills Kiley (by Enda M. Kiley, daughter of Enos and Esther Mills). My father wrote, "My work is this - I want to save the trees."(1920, Country Lge In America). He had already written The Story ofa Thousand Fear Pine (1909, Houghton Mifflin Co., Boston, New York and The University Press, Cambridge). And said he "wanted to read Old Pine's autobiography." (ibid, p.7) He said "Trees, like people, struggle for existence, and an aged tree, like an aged person, has not only a striking appearance but an interesting biography." (ibid, p.7). 19 ki.â‚¬-I s : ~~t =*r ; P. Ir, I j,. 21 - p.*r- Â»g L. Ir . 6 . 1 4 1 4 -~2 '- ' Â· .0. Ae 1 ' # 1.90,493~, '10'.'.E~.5~04./. 4 + 9194664=umiliAA)44 â€¢,2-7 0*>*1 '3. *1*1241,Â¥rb :P. i t. 91'91,1-9:21/1,6*979**ov,k.# m' H* * :..1.~~@-f ., 1 W~ I. 4 hi Â« '> 43,0.kil/1. ....4 . Â·I 11- IMI.I. - Â¢ 2 ju -" 171% 4,Â¥*i ;*1 8 1.. tr ~, 0 i - Iw. fÂ· -a A ''Aval\1-N . .X; 4 4 r ' 4 I I + i t 3Â» ...9*31 746 I ,Â» 2 p >, ) *, . 7,8 Â·g G / S .4 r + I . i>**tÂ· 4â€¢. 1 7-~11*- P 'iA I l I. 7 0Â»05,2 4 .. ' #I #'11' ;A .44 -4 1 1.'tv, 'FA 1 tt 47 . 1 rÂ·: i , h ~r 4 4 'Â· 4 '11 1 1 93. p 14 ' 5*,ir 9Â·4494- 4- . 4 r. ifi, ' 1 9 em. e ' ' ' ('~21 '' PO-!,/ 1, L 17Â·Â·vÂ· - 4 .1 Â· . EF trmrÂ·.. Using the yearly growth rings and wounds on the tree (e.g. lightening strikes), Enos revealed a provocative life history which he related to human chronological history. Some have called this 37 page book a classic. In The Spell ofthe Rockies (1911, The Riverside Press, Houghton Mifflin Company, Boston, New York; and The Riverside Press, Cambridge) my father pointed out that forests are moderators of climate, that forests constantly eliminate impurities from the earth and air, that trees subdue the winds and serve as windbreaks, that their leaves and twigs cover the soil and protect it from both wind and water erosion, as well as enrich it, that forests not only check evaporation and flooding, but also store water and guard it from the greed of gravity, that most species of birds need the forest for shelter, and that the soil of forest-covered hillsides is reinforced, anchored and held together by a web of tree roots. In 1918, my mother, Esther Burnell Mills, wrote, in an unpublished manuscript, "One of my joys is in a magnificent old Douglas Fir. Seeing it makes my spirits soar, always a spiritual gift". It is because my mother kept my father's goals and messages alive after he died in 1922, that now, four generations including myself, my daughter, Elizabeth, and my granddaughter, Eryn, can continue with integrity sharing my father's wisdom and knowledge about nature's wonders. My father always said, "Trees are our friends." So today, the most important way I can follow in his footsteps is to enlighten people about how trees are life-savers, as I did recently at a talk I gave on April 27, 2001. f. Wildlife Habitat (by Rick Spowart, Ph.D., Colorado Division o f Wildlife with 15 years of experience in the Estes Valley; Bachelor of Science degree in zoology from the University of New Mexico, Masters degree in micro- biology from Colorado State University, and both a Masters degree and Ph.D. in wildlife biology from Colorado State University) This property contains several wildlife habitat types. The most important is the riparian habitat along Black Canyon Creek. At least 3 species of salmonids (rainbow, brook and brown trout) reside in this short stretch o f the creek. Beaver and river otter reside or pass through this stretch. Several species ofpasserine birds nest in the willows along the creek. For the last 4 years, elk have calved in this riparian area. The rest of the property is grassland, mountain shrub or open Ponderosa pine habitat, all of which is critical winter range for mule 20 & 1Â« 1 .,ta lE--â€¢ ... 4 4, 4, ' A. ~* 4 . v, r 1 1, 9 r. 42 I .- . b 9 FI21Â· ' . 2'.... i i Â·4 *ulÂ· Ma ... 9 -6,4..., . . 6 4.. ti A 4. :- y ' 1 . --. ... , â€¢,D ' '.,1,/ .)''f ; 2 4,4 Â· -'- $=bqG~ * ' '1[ f.' 494, ,(A V.~ . - 1.42/t.FF rfeirl. 7 - C ..r r.r , b 4 t / I 5, I L/,46 9 fl.~J~k 2, , .'4'*'t#*TS,#At..'.,t . . r*~2' 1. 4~1') f j 1 +P '': "- 7 I . .... / i c + -,3.--9415Â£ 1 4414....42 1 14;1 Â¥ 1% ir-* Ar..4 ir 'p 1, ' , ,< Ila..6.'. .' 4:* ) .7 q .,. ' 14'' . 4/ r.k-- 464. F .. *r i. 2.jÂ· e..1. i Â·7*4: .4 4 1461142*//Fie***44*MNM/F)9 + 7 . , OWMI' w Â·. i'*'Pen,8,9 4,Â·, 0%8~'' fy i V. 1'Â· 44 4, J ~ . ~â€ž 4 . lili . M 4 ,Â¥44. e Â£ ..P . - -,AM '. 44,4 -:'4:i, I. 4 1 1 9 ' 4 4.. 4 ~- I / Slf ~4.14,9't>~t 4&-374.44' - - /5 A : *.,8, 4#* Â»M. 3 Â¢,P,r 413 1, D. ' -574 -Â¥, .;1 I ' 1 3,4 '. 1 7 7.-Al ./. h 49. 4 ' ;944'11 2 deer and elk. A host of other wildlife species, from Abert's squirrels to Wyoming ground squirrels also reside here. Badgers, coyotes, and raccoons use this property almost daily. As development continues in Estes Park, properties which are undeveloped or slightly developed become increasingly important as wildlife habitat. This property is especially important due to its proximity to developed areas. g. Bird Habitat, Present and Future (by Scott Rashid, licensed bird rehabilitator, bird, and bird habitat specialist.) For the past ten years I have watched Estes Park and the Estes Valley grow significantly. With the increase of construction and human use, there has been and will be a continued loss o f good bird habitat. Within the Knoll-Willows properties, I have documented more than 60 bird species that use the area for either nesting, wintering or as a migratory stopover. This is a rather compelling quantity and diversification o f bird species that use the area. (APPENDIX G; research is not complete.) Through band recoveries I have also documented that birds tend to return to the area where they were hatched. In some cases, they even return to the exact nest site. However, if the nest site or nest site area is destroyed, due to commercial, municipal or residential construction activities, the birds search elsewhere to nest. This may take so long, that in some cases, the birds may not nest. Or as they nest, the birds are sometimes killed by predators such as raccoons, dogs and house cats, because they find an insufficient site to nest with insufficient cover to protect the nest and the young. Birds choose a nest site because of the availability of food, shelter, and protection from predators. As housing developments increase, so do the predators (i.e. dogs and cats). As a licensed bird rehabilitator, 1 receive a large number of injured and orphaned birds every year. Over 90% of the bird injuries that I see are directly related to human interference, such as birds crashing into windows, as well as dog and cat attacks on birds. As construction continues to grow in Estes Park and the Estes Valley, these types of injuries to birds are going to become more frequent. As Â· construction continues and both resident and visitor activity increases, a protected Knoll-Willows would become "the oasis in the middle of the desert" so to speak, that will end up being one of the few safe havens for migrating and nesting birds. 21 1 1 1 X K XMÂ® E %*><**W W K K CZ *X WAR K 1 1 Ma ~M ~44= 1 A-=%8 % .2 B - E gt - 04 03* 6 & ~ 5 4 1 4 R % E -0 1 0 2 5.$ .2' ~E r f * 8.= 0, bo C. '5 N &5 E~ -3 13 - 1 D :m m E Â¤ I 8 8 4. go "2 .B .4# â‚¬ 3 E E E t E Â·0 % 1 Z 43#06$ 25 JEC A N G ) & 55 4 25 336 61#~ %8 ~ di 2Â£ 4 &~ 1 1 ' 0 K< K K K K K K K K K K M K K ><WK< I -** *W .4 K >4** WK 1 1 1 *W K ~ ~E 4 b g fz b I 11 1 . 15 1 b & b .Â¤ t b 4 0 5 d U 0 4 v 9 â‚¬ b .5 = .2 1 Â¤-0 2 -0 3 1 * 1 4 1 1 Â§ 19 2 // i -2- 1 2 2 2- 4 m r -2 1 3 1 % 2 1 *~ 2.12 1 Uid F 8 E Q .6 f m =: L'.1 * Mu~Fet 6 8 -u, f >Â· 0 :2 4 -2 :@ E = R. Â° 8 'S Â£ F ciou >Â£53= E ac NEZEigN EW STE; 4.% 5* MZ ~ 8 2:8025%204&:05<z<:soon=z:*uumt->me:Eâ€¢&:caE:E I . 1 Selling Migrant Resident-nmulcating 0}ElinN Po sided Fl PJ!(pnIS tualsom T. , l ..4',9-/ 9. r 1, â‚¬ t C..11 , I *61:4 ':4 . k U kÂ·t&. . 4 14 .4 - . Â·46'Â·41.' 4 .Gr. 'Â£ 0 -2.f r. :...P. 1 4,41 ,0 4, 1 4 Te j t 4 1 ":*;, A<- 1 ~ iii 1 ir ild 94 Â» :. 3 # l 14 1 I .- r... L~ 4,44 3,'. I, 1 .â€ž p , ' lF fÂ· f i.*60 '49'~i j . -- ~ 4 - - Â· p 17 >74 91.'6..4,4 . Pit,Â· 4, la i I. 42. 4.4 - -,P . 4 J ..kl., 21 k~ 1,;fi~t,f .44*9v + l. . /4, n /1 J 7~(!'.ft-â€¢W-Â· 4Â» .Â·Â· Â· * ': G; 4/& 2 .., 1 FF/,1 7/59Â·4... 46 4 , 1 4 '6: 9,14 4%41 f Â¢:- . i 1 6.11 1%9 /6 -Â« As a conserved bird habitat, the Knoll-Willows may become a focal point for bird-watching and research. h . Wetlands Our Knoll-Willows Conservancy field research team is accumulating a data base of information. Based on these data by several specialists, a . wetland delineation undertaken by the Town o f Estes Park (1989) (APPENDIX E), and data set forth in the Larimer County Land Use Code, Section 8.2.5 Wetland Definition, pp. 8-25, dated November 22, 1999,(See APPENDIX F) the Knoll-Willows Conservancy recommendation for conservation and use is set forth in the Knoll- Willows Conservancy Recommendation to the Estes Park Trustees, dated July 20, 2001. 22 . P- Larimer County Land Use Code The following wetland maps and identification documents are available for reference in the Planning Department: A. Larimer County Partnership Land Use System (PLUS) Wetland Subsection 8.2.4 Classification and Protection Program prepared by David J. amended 15May00 Cooper, Ph.D.,and David M. Merritt, M. S., dated March 29, File #00-CA0007 1996 and revised by David J. Cooper and Scott Woods, No- vember 4, 1999, B. National Wetlands Inventory prepared by the U. S. Department of the Interior, Fish and Wildlife Service; C. Colorado Natural Heritage Program maps; and D. Other maps or information that may be identified by the Plan- ning Director in cooperation with other agencies such as the Army Corps of Engineers, Fish and Wildlife Service or the Colorado Natural Heritage Program. 8.2.5 Wetland Definition Two definitions are used in concert to identify mapped and un- mapped wetlands under this Code: A. Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated- soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas; and B. Wetlands are land transitions between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands must have one or more of the following attributes: 1. At least periodically the land supports predominately hydro- phytes; 2. The substrate is predominately undrained hydric soil; and 3. The substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year. This applies only to salt flats too saline to support hydrphytes, and the margins of lakes, reservoirs and streams where there is too much erosion to I support either hydrophytes or hydric soils. 8.2.6 Unmapped Wetlands Review of a development proposal may reveal a potential wetland on the site. The County Planning Department will cooperate with the applicant to identify boundaries of the wetland. The applicant is responsible for delineating the wetland's bound- aries on maps, plats and Site Plans submitted as part of a development proposal. November 22, 1999 8-15 In addition to technical, a non-technical conclusion by the author of the report prepared for the Town entitled, Wetland Delineation qfthe Birch/Bickle site, Estes Park, Colorado, September, 1989 by Tom R. Cottrel, M.S. Ecologist, (Ph.D. candidate in Botany) follows (see APPENDIX E for entire report) : Deer, some small mammals, and numerous bird species utilize the wetland heavily. The habitat provided these animals by this wetland is very important because of the human population pressures which now limit the area of native vegetation in the Estes Valley. As with any natural area within a population center, this site plays a major role in visitor appreciation and enj oyment. The Estes Valley draws large crowds o f tourists for one major reason, the beautiful surroundings. The value o f this resource must not be underestimated. Sites such as Birch/Bickle add to the beauty and diversity o f the Estes Valley. 3.3 Trails, Roads and Christmas Holiday Season Lighting Frame a. Trails Currently there are no established or designated trails. Scattered animal trails are present. b. Roads One undeveloped, car-track access road for utility and not public use connects through a Town controlled locked gate off US Highway Bypass 34 to the Christmas holiday season lighting frame and the Birch stone ruins on the overlook promontory above the Municipal Building and parking lot (Figures 1,2; APPENDICES A and B). This gentle grade access generally follows the contours of the Knoll. c. Promontory Lighting Frame The lighting frame runs approximately east-west for about 60 feet on a south-facing promontory that overlooks the Municipal Building and parking lot. 24 3.4 Archaeology (Bud Hampton, Ph.D. anthropology/archaeology) During the Knoll-Willows Conservancy preliminary archaeological surface survey and research, the Al G. Birch log house was found to be in good condition. An adjacent storage shed, outhouse, and nearby outdoor iron stove are likewise in good condition. According to a letter dated July 31, 1969, from Al G. Birch to Albert C. Edwards, then a writer for the Trail Gazette, the cabin was built in 1908, within the year after construction of The Stanley Hotel was commenced (1907). Some later modification of the "log cabin", called by Birch a "chalet" (ibid) blends into the story of a vintage important historic site. (See Section 3.5 of this report.) Archaeological remnants of an early road to the Birch house have been , located which add factual detail to the historic site. The Al G. Birch stone ruins situated on a promontory overlooking the Town Municipal Building and Bond Park, was found to be in good condition. According to Al G. Birch (ibid), this stone-based house was built in 1904, three years before construction o f The Stanley Hotel was commenced. (See Section 3.5.) The stone ruin will require qualified archaeological/historic opinion and analysis before stabilization can be commenced. (See Knoll-Willows Conservancy RECOMMENDATION, dated July 20, 2001). Within the Knoll-Willows Properties remnants of historically interesting barbed wire fences have been noted as well as more modern (undated) fence posts and remnants of fencing. Town utility features on the east-facing slope of MacGregor Avenue are present. Remnants of an electric power line(?) to the log house are present on the property. (Note: Confirm poles were not also for a telephone line.) The possible presence ofNative American tipi rings and other Native American artifacts on the Knoll-Willows Properties has not been confirmed. (Oral sources have indicated their possible presence to Hampton over the past 30 years; latest from Frank Hix about February 2001.) Next step, see Knoll-Willows Conservancy RECOMMENDATION, dated July 20,2001Â® 3.5 Visual and Historic Resources Visual The Knoll-Willows Properties remain as the unique focal gem of variable natural landscape vistas and historic remnants within the active business and municipal core of Estes Park. Also, from the veranda of the Stanley Hotel and its view corridor southward to the foreground o f Knoll-Willows and from the most-used entrance into Estes Park, from the intersection of 25 Highway 36 and Highway 7 to the intersection of Highway 36 with US Bypass 34, the combined Properties are within view corridors "which must by protected from any development" (page 8 of Stanley Historic District Master Plan, dated January 11,1994, and Stanley Historic District Ordinance). The Stanley Historic District Master Plan, January 11, 1994, sets forth the proposition that The Stanley Hotel and its environs are the most valuable historic focal point of Estes Park and that the preservation of this visual resource is a high priority in the development of the Master Plan (p. 2), which elucidates the intent to "maintain the visual and environmental quality o f the property and surrounding areas, maintain the integrity o f the Stanley Historic District..., and protect and enhance views into and out of the Historic District" (Hampton's italics). When F.O. Stanley built The Stanley Hotel (1907 - 1909) the land in front of the hotel to the south and across the Knoll-Willows area into Town was undeveloped open space. In a grand sense this swath of natural open space (that included the rise of the Knoll-Willows Properties as the dominant foreground between the Stanley Hotel and the Town and the natural foreground for the background view of the Continental Divide and other peaks in the distance) was an important aspect o f the natural historic setting for The Stanley. F. O. Stanleyfeatured and protected this vista (letter from Al G. Birch, dated July 31, 1969 to Mr. 1 Albert C. Edwards, writer for the Trail Gazette) when he oriented the hotel and amenities to highlight the view and make it a primary part of the hotel and the Historic District as F. O. Stanley planned and knew it. Since those historic times, the natural view from The Stanley Hotel southward across the natural landscape to the undisturbed Knoll-Willows rise is still the foreground scene for the exciting background peaks in the distance. Fortunately, by happenstance, Bypass 34 was cut downward into the meadowland between The Stanley and the Knoll-Willows and not above itÂ®This ribbon of asphalt with its distracting automobile and truck traffic does not interrupt the premium view from the veranda of The Stanley nor from many ground level vantage points within the Historic District view corridors in front of The Stanley. Although the Knoll-Willows Properties across Bypass 34 to the south are not included within the present Stanley Historic District, they are, by their location, natural landscape vistas, wildlife habitat, and prime view corridors, in fact, a valuable added asset to the preservation and enhancement of the Stanley Historic District and to views to and from the featured architecture and historic value o f The Stanley Hotel. These properties were an economically important part o f the Stanley Hotel "Historic District" as planned by F. O. Stanley. He placed economic value on natural open space. 26 ..1. Near the northwest corner of the Knoll-Willows Properties along Bypass 34 and from its junction with north-south oriented MacGregor Avenue along the entire western margin o f The Properties, and at the southwest corner of The Properties, adjacent to the north end of the Municipal building and parking lot, The Properties consist of the north-south trending Black Canyon Creek, with its moving water, wetlands and riparian habitats that include scattered clumps and stands of willows. This swath of important habitat furnishes water, food and shelter for elk and deer that move about within the natural freedom of the entire Knoll-Willows Properties, as well as for beaver and other fauna (Spowart, supra). From MacGregor Avenue this has been a captivating viewing area from outside The Properties to watch elk in their natural habitat throughout the seasons of the year. It has been an especially attractive area for viewers to catch glimpses of cow elk birthing their calves in the spring (May and June). Calves are known to have been birthed there last year (2000) and at least four calves (possibly 5-7) are known to have been birthed there during the spring of2001. The eastern margins o f this narrow riparian valley blends into the ponderosa tree covered slopes of The Knoll proper. The old log cabin and stone ruin archaeological sites lend visual mystery and a glimpse into the historic past of early Estes Park (1904-1908). This is the only place within town that such a preserved site exists. The rocky cliffs and meadowland slope of the south margins of the Knoll- Willows furnish from Town a natural visual and aesthetic end point to the cultural busyness of the almost continuous parking lots that bound the south side of The Properties. The rise of the Knoll-Willows Properties furnishes a premium natural landscape vista for people entering the Town core or Stanley Village from along US Highway 36, from its intersection with Highway 7 to its intersection with Highway 34. The Town o f Estes Park has designated this viewshed as one of several "which must be protected./Pom any development" (Hampton's italics) (Stanley Historic District Ordinance, p.8, Stanley Historic District Master Plan, July 11, 1994). a. The Stone Ruins and Log House of Al G. Birch Al G. Birch was born July 15, 1883, and died at the age of 89 on May 10, 1972, in Denver, Colorado. Birch first came to Estes Park in 1902 when he and other young men cut the first trail to Bear lake and lived in tents there that summer. "The next summer we got a 'use permit' from the Forest Service and built a rough little log cabin at the east end of the lake. We were going to stay up there all winter. But in November in the middle of a heavy snow, our cabin burned down. Until probably five years ago 27 (Hampton: the year 1964) I used to find nails half-buried in the ground on the site where our cabin had been" (Letter dated July 31, 1969, from Al G. Birch to Albert C. Edwards, writer for the Trail Gazette). The story of the stone ruins and log house, in Birch's own words (ibid): When the Estes Park Town company was formed and they started a real estate development, I purchased (in 1904) the piece of land on the cliff where my "ruins" still stand. Carl Piltz, who was then the only stone mason in Estes Park, built the house for me. That was in 1904. (Hampton's note: three years before construction o f the Stanley Hotel, 1907-1909). The carpenter who did the interior work was not an experienced man. He left the floor joists running right under the fireplace-with just 4 inches of cement above the timbers. I was just a young punk and didn't know any better. I didn't get much chance to live in the place for the first 3 years, because I had to be on the road with shows most of the time. But I did get back in late summer of 1907, and hoped to stay winter and summer for two or three years. On the night o f December 21 - just four nights before Christmas, and the coldest night of the winter - I was awakened by the house being full of smoke. It's a wonder I ever woke up, because I could scarcely stagger out of bed and try to locate the source of the smoke. I lifted a trapdoor to the low area under the floor, and the smoke just poured out; it was coming from the base o f the fireplace. The fires in the fireplace that fall and winter had heated the fire-box so much that the ends of the floor joists finally caught afire out at the edges of the stone base of the fireplace. 1 I dropped the trapdoor, grabbed a pair of overalls, a pair o f cowboy boots and a hat and a jacket, ran out on my porch and started yelling at the top of my voice for help. There was no fire department in those early days; but men down on the main street heard me and ran up to the house as quickly as they could. It was too late to do any good; and the place burned. It took all the rest of the night to be demolished. It would have been a very expensive proposition to rebuild the l 28 house; and I could not live up there enough to attempt the expense. Two weeks after the fire (Hampton's note: January, 1907), I started building the little "Swiss Chalet" type log house which is just below a and a block or so north of the ruins. That was 61 years ago. I built every stick of the new cabin alone (except for the brick chimney, which I was not expert enough to build). I had to go out on the road with shows so much in the next year that all I could do was to board the cabin up....My land, at that time, ran i up to within six or eight feet of the top o f the ridge on which the stone house stood. I got after Mr. Stanley to sell me another strip behind mine, ten feet wide. HE WAS LOATHE TO SELL ANY BUT HE FINALLY DID. (Cap emphasis by Hampton.) In time I PROPERTY OUT IN FRONT OF THE STANLEY HOTEL SITE, got after him to sell me another 10 foot strip. There was a deal he wanted to put over with The Denver Post, but couldn't make it. I had in the meantime gone to work for The Post and had close connections with Mr. F. G. Bonfils, one of the two owners of The Post. I took Mr. Stanley in to see Mr. Bonfils, and finally got the deal across that Mr. Stanley wanted. In appreciation he sold me the second 10-foot strip I wanted - taking my property up over the top of the rise (Hampton's note: but downslope out ofF. O. Stanley's view corridor from the Stanley Hotel) In Birch's own words, "I did every editorial job on the Post from police reporter to acting managing editor (ibid). At a time when Birch was promotional director for The Denver post and Helen Bonfils was principal owner (after her father F. G. Bonfils died), she started the series of Denver Post free summer operas in the marble-columned outdoor stage at Cheesman Park. Helen Bonfils turned production over to Birch who would come to the quiet solitude of his log cabin in The Willows. There he rewrote the operas for the Denver stage and planned rather innovative stage settings which he would then produce. l b. The William "Miner Bill" Currence cabin on The Willows In an Estes Park Area Museum program about mining in the Park and Miner Bill Currence, Bob Haines stated that Miner Bill had a tiny cabin "right in there" at the base of the cliff below the Al Birch stone ruins. Haines reported finding this out from Ted Scott "whom you all know" who worked at the Post Office and reportedly (when he was 14 years old) delivered groceries to Miner Bill at this address in 1918 (from a Museum program by Bob Haines entitled, 29 "Miner Bill Currence", April 18, 1991. A superficial surface survey has not located the remains of such a cabin. 3.6 Adjacent Land Use (Figure 1, APPENDIX A) Surrounding lands are primarily commercially used and privately owned. In addition, the Town of Estes Park owns and operates the Municipal Building at the southwest corner of The Knoll-Willows Properties and adjoining on the east (along the south boundary o f the Knoll-Willows) the single largest parking area in town. The Town is in the process of purchasing by lease/purchase contract a parcel of vacant land adjacent on the north side of the Safeway store. This parcel is zoned CO. Past considered uses for this parcel have included a new municipal building, post office, and fire station. I 1 30 /4%**AÂ·,0 ". i 1 * Al' ~ * : 1 .. 1 11 ' 23.4 4 . 4 1*~ 0 4. I 't 4 *14'W'44 , 61 + 9 r 14 e I I 1 4 PUBLIC DESIRE FOR TOWN TO O~Â¥N AND TO DEDICATE THE KNOLL-WILLOWS NATURAL 11 OPEN SPACE AND HISTORIC SITE AS A CONSERVATION AREA WITH APPROPRIATE PUBLIC USE 4.1 EPURA Citizen Poll, Knoll Property (1995) In early 1995, EPURA conducted a public opinion survey entitled, "Should the Knoll be purchased for the community?" A brochure was mailed out to the 3,454 registered voters in Estes Park along with a post card to be returned with a "Yes", "No", or "Maybe" answer and room for written comments. On the brochure that accompanied the voting ballot, it was stated that the â€¢ Ensure that development is sensitive to and protective of the physical and "purchase ofthe property for public use will: downtown environment. â€¢ Save it for the future. â€¢ Provide for needed public use amenities and services. â€¢ Enhance the sense o f community identity and maintain a high quality entrance to Estes Park." The brochure further described the Knoll property as containing 13 acres of open land opposite The Stanley Hotel, located on the south side of Bypass 34 and zoned as outlying commercial (CO). In 1991 EPURA had purchased a little more than four acres o f the Knoll property as a buffer to proposed commercial development on the property. The total cost ofthe remaining nine acres was stated to be $1,350,000, including cost ofthe land and 31 1 interest, with yearly payment of $135,000 over a 10-year period. The costs have since been revised to be a total of $1,099,369.14 in six annual payments with three more payments due (including that for the year 2001) of $119, 230.12. The brochure further stated that the "Selected uses on this primary entry into town would be designated to be compatible with the natural setting of the total area of 13 acres. These uses include: Currently owned open space 4 acres Additional open space 4 acres Clustered areas of parking 2.5 acres Public facility(ies) 2.5 acres On a "yes, no, or maybe" single answer ballot to purchase (for all of the seven reasons stated in the brochure), the results came back: Yes 1,199 82.8% Maybe 1 No 244 16.9% Returned with no response 3 Undeliverable 423 54% Total Returned 1,870 61% return on delivered brochures The results of the response gave EPURA a mandate to purchase the property for public uses. Analysis o f the 92 individual voting cards with a "yes", "no", or "maybe" answer that also had written comments, revealed that at least the respondents who wrote comments wanted EPURA to purchase the Knoll to protect it from the possibility of commercial development and to preserve the already natural open space with no parking lots. The only groupings of written comments on the voting cards that had l statistical validity to indicate what at least those voters specifically wanted were comments for preservation o f the natural open space and/or comments for no parking lots. Other comments covered a broad range of subjects, with no statistical groupings. Of 67 cards with "yes" vote for purchase there were 22 comments in favor of purchase for use as open space and six for no parking lots. One card noted: 5, "amphitheater and performing arts center and parking. Two comments noted please place parking lot on south side near town so people on north side cannot see it. On 25 "no" votes to purchase but which also had written comments, two comments were "no" to purchase "unless the land is kept as open space only" . One vote was no to purchase - "Leave it undeveloped", and yet another comment on a "no" purchase vote was "No to parking on open space." 32 1 Only one "maybe" vote was cast. The written comment on that card was, "Buy it but not for a parking lot; use it as open space! !" 4.2 EPURA Knoll Purchase In recognition of the public opinion expressed in the aforementioned survey and the sentiment of the Town's elected, appointed and administrative officials, a decision was made, " that the Knoll Property should be in public ownership. Public ownership is the ultimate public control and the best way to ensure that no development will occur that is contrary to the best interests of the Town." (Hampton's italics). A decision was made that Urban Renewal funds be used to purchase the 9.29 acres known as "the Knoll." A "Lease/Option to Purchase Agreement," dated April 1,1997, was entered into between EPURA and Beefit Corporation, the owner. An initial payment of $400,000.00 was made on July 30,1997, to be followed by five subsequent payments of $119,230.12, due annually on July 30 of each year, followed by a sixth and final payment of $103,210.54 on July 30,2003. As ofthis writing (June 27, 2001) EPURA has invested $757,690.36 toward the purchase of the Knoll and is obligated to invest an additional $341,678.78. Upon completion of the payments, $1,099,369.14 will have been invested, including interest, at 6% per annum. At that time, title will pass by warranty deed to either EPURA or the Town and the property will be in fee simple public ownership. 1 4.3 Knoll-Willows Conservancy Signature Sheet s (February - May 2001) In late January, February and March o f 2001, the Knoll-Willows Conservancy was formed with a growing organization of approximately 40 members to furnish positive input to the Town Government/EPURA and staff concerning the conservation issue. In addition to organizing The Knoll-Willows Conservancy and commencing to gather both scientific field data about the natural aspects o f the Knoll- Willows Properties and the two known historical archaeological sites oIl the properties, reference research on historical and other aspects was commenced. Concurrently, signature sheets with the mission of The Knoll-Willows Conservancy clearly set forth on each sheet were informally circulated and made available for citizen perusal. (APPENDIX H) This was a public opinion poll; not a petition. The rapid positive response of signatories makes a strong statement from the public for the preservation in perpetuity of the natural open space and historic sites on the Knoll-Willows Properties. 33 l During the period of late February through May, 3100 signatures were accumulated, 2,300 from people in Estes Park and 800 from Town visitors from the Estes Valley and beyond. The signature sheets for these 3100 signatures have been complied into Book I and Book II. One set of these two books will be presented to the Board of Trustees at their meeting on July 24, 2001. During June approximately 200 more signatures were added. Signatures continue to flow in. Book III is being put together. Data were communicated to Town GovernmenUEPURA staff: one information presentation was made before the Estes Valley Planning Commission (date February 20, 2001), as well as at an EPURA sunrise public input study session (date February 21, 2001). Small informal study sessions and review of current data have continued since February. 4.4 Town Groups Endorse Natural Open Space and Historic Site Preservation m From March to July, 2001, the Estes Park League of Women Voters, the Estes Valley Improvement Association, the Association for Responsible Development and the Estes Park Lions Club endorsed the Knoll-Willows Conservancy Mission to protect in perpetuity the Knoll-Willows Properties as natural open space and historic site for education and research. The Kiwanis Club wrote a letter to the Knoll-Willows Conservancy (April 12, 2001) offering support for the "mission." M 5 REFERENCES CITED 5.3 Estes Valley Zoning Map 5.4 Estes Valley Development Code 5.5 Stanley Historic District Master Plan (January 11,1994) 5.6 Larimer County Land Use Code I 6 APPENDIX A: Figure 1: Aerial photograph base with the Knoll-Willows Properties overprint and adjoining properties 7 APPENDIX B: Figure 2: Topographic Contours on aerial photograph base with Knoll-Willows Properties 8 APPENDIX C: Estes Park Community Profile, dated 1998 9 APPENDIX D: Plant List by Barri Bernier 10 APPENDIX E: Wetland Delineation of The Burch/Bickle Site, Estes Park, Colorado (1989) by Tom R. Cottrell M.S., Ecologist, Ph.d.Candidate 35 The Estes Park Knoll-Willows Properties We, the undersigned, respectfilily request that The Estes Park Town Government take action, as soon as reasonably possible, to legally protect forever, in their natural state, for research and education, the mountain meadow known as The Knott along with the adjoining steep rocky slopes and cliffs, and the riparian area through which flows a section ofBlack Canyon Creek-and whichis known as the Willows Wetlands Area; and, , also, within the same area and at the same time, to protect the historically important, old log cabin and the stone ruin as ahistorical site. Further, but not as a contingency to accomplishing the above, it is urged that The . Town simply and appropriately identify this Knoll-Willows Conservation Area as a 2 - 41-lip memorial to Enos A Mills. -11 j 1 -<- 1--~ /1 - - .2 - Name 49Address - - - - 4400 t<f) A -F;24 - EFF(LF-(Sotti fa*36 Out --1 yluk&&416 15924 4Â©ks~~- 100/ Ramk'lj Dr. , E-st-e Park, e Â£-1 pe i 8 6% 127 4/ /â‚¬,96 rÂ£ O LUL 0-7 rorn n 4 D,Â·: c'vo. k , uncÂ¢lk - f. 0- 61,-g-r. 17+0 06-o ficklE,Â® tuck s ofe,f ) Â© a 1-14.- f - Vi & 9 01.,GL-vUj*..* 3AjL L , a I ' i=541069- 1 0~Lib.:41"10Â· -- ft {*FP-fo'220122~Wl.â‚¬1 5?oS/7- 1 I r. 0 Po a 1 -1-1,0 1 % 4 * 1 Auve) 2 866 / 7 VRve Â»Â£316 47 E a B. 41-3 2 694 ta:1 Â© 91-1 I. f /9 8.770.*26 Cbtligs.Y.'irÂ»_ 70 791* 1 461 E 73 cre %05/7 \ / A n 4441 - ~"tr 0*no 511 At#14 AU,L. E-P Co -Eeâ‚¬ Il p Wi /00 /#PE?,23* /2,4> A %275Â£-Â» 1 - 2%1/19Â»Zl 530 '2#Wajo lk/6 2 LfF (21 03â‚¬/1 1 1 - AE:*--4 'LF t'19* 9â‚¬2.1_ 6.10,-2, CO 19. 90 1 r - , U -44 -0. dâ‚¬~/ tt- 4 0 9- N A,Uu<4/t.45,Â·U,i A/1/1 - C/Â», 6 ./ - . 6,6-0 29 6 14//< - i The Estes Park Knoil-Willows Properties We, the undersigned, respectfility request that The Estes Park Town Government take action, as soon as reasonably possible, to legally protect forever, in their natural state, for research and education, the mountain meadow known as The Knott along with the adjoining steep rocky slopes and cliffs, and the riparian area through which flows a section ofBlack Canyon Creek and which is known as the Willows Wetlands Area; and, also, within the same area and at the same time, to protect the historically important, old log cabin and the stone ruin as a historical site. Further, but not as a contingency to accomplishing the above, it is urged that The Town simply and appropriately identify this Knoll-Willows Conservation Area as a memorial to Enos A- Mills. * 7 0 ~*A Name N~ 2 74 / ~Address 9 A Â»Â»5/k-Licu Esl-60923& 0 (* l *LE+Ati Â¥' 3 04 - * ~- ~W~~AA~ k- ~D MiC.CAA#Acy- 40;P (8 Kbst 1- 1 f*-4 *2Â£)-*42~ r// caur-*Â«0'21.c *,A/ ,/7 / 1 0 1\ - ;~ Â· f 00134<~*616 - Â»67 24 2*40740 Â£'/. ZZ;*;0%1Â·Â·sk- VO Al' b 77 .A SLE 8 1 +J Z*4 197 5 43*114 CUMA.441.fluer Â¥ o s 17 ~%34**=0&-q <52-JU t=-11-d \-1-4 0 t.-2-XL 4-0..3.9-1 . i. i31.afc.L-Ce g 0 5-\7 1 ' i 1/ 1: 1 ,-4 j & C 3- 1/ '-<Â· l 919-uv 9,1~~Â· ~t-1,3-: 0/1- 1 1.â‚¬1.2 flf)/.''li~uD. t~vi~i~~ 9 74 -596 9 999.4 c d . d -. Â·' a..cÂ»PM*15,6 2- 4--4 t ...Ii.,* f 7 7Â·Â« A id. -'. 1 / 1 /7// / 7 ,/~f r , fy 1-1/U., i 04.-L u.:0 4 0 y ,- 19 14-/ /' 71 of d 3 ... // /Â« p 4 70 1 Sâ‚¬-6 - /--/ 194-&621.. Â£22_*citu:r--4-CEL #LE-5 5 9-k C./z..a-ui~E 61Â£7 41-9-:4Â£18-11 6623 25-5.<Ah-3â€¢'-.3 c '-- ci 42:FXC.!Â·Â· 0261 ~, i Aui-Ul-> Ect-tfc,u .380 5. 8.Looluil, 13 ~ u 125+es A.u_, 20 gast 7 1 2 July 12, 2001 To: Mayor John Baudek and Town Trustees Richard Putney, Chair EPURA Rich Widmer Will Smith The League of Women Voters of Estes Park would like to see the Knoll-Willows property remain as open space. Accordingly, at its annual meeting on May 23,2001, the League voted in support of the efforts of the Knolls-Willow Conservancy group to "keep the Knoll and Willows as a natural conservancy area". / / 2 4 - 1 Judy Haggard President, League of Women Voters ESTES VALLEY Estes Park, Colorado 80517 ~ V ] A~ 9~]PROVEMENT ASSOCIATION, INC. P.O. Box 597 Phone: (970) 586-9519 / Fax: (970) 586-6685 1 July 13, 2001 To: Mayor John Baudek Town Trustees Richard Putney, Chairman Commissioners, EPURA Richard Widmer Wil Smith Estes Valley Improvement Association fully supports the Knoll-Willows Conservancy projectÂ® We want these beautiful areas to be preserved in their natural states for future generations to enjoy. Now is the time to designate the Knoll-Willows property as natural open space. The members of EVIA feel strongly about this. Respectfully, Alice Gray President &t i t64 47 june 1%, 2001 Mayor John Baudek Town Trustees Richard Putney, Chair Commissioners, EPURA Rich Widmer Wil Smith re: Knoll property, Knoll-Willows Conservancy At our March meeting, our organization unanimously endorsed the goals of the Knoll-Willows Conservancy. Since your April 11 joint study session we have followed with interest your actions in regards to the Knott property. The resolution adopted by EPURA this month, for consideration of the Board of Trustees in July to transfer the remaining financial obligation on the Knoll lease/purchase agreement is a responsible action, since the ultimate use of this property should be a decision of the Board of Trustees. The Town has wisely invested their funds from the Larimer County Open Space tax revenues to construct the Lake Estes Trail and complete the purchase of the Willows. Revenues from this tax in 2002 and several following years, would most wisely be used to complete the purchase of the Knoll. Grants could be pursued from GOCO and other sources to at least partially reimburse EPURAfor their excpenditures to date. Preservation ofthis tract as open space is most desirable both esthetically and for continued economic health of our community. The small town charm and feeling of openness is what draws vacationers and shoppers here. We would urge you to take this approach to this action. To reiterate, our organization endorses the goals of the Knoll-Willows Conservancy. Sincerely, Association for Responsible Development Executive Committee - / / -Ill--I- Ralph Nicholas / JAn<Verschuur i 3 j // i 7 1>f % 1/ 141 , I /66 - 6 E. H. Meyer; Glen Mapes July 7, 2001 Mayor John Baudek Town Trustees Richard Putner, Chair Commissioners, IPURA Richard Widmer Wil Smith re: Knoll property, Knoll-Willows Conservancy The Estes Park Lions Club has been involved in the town of Estes Park since 1940. There have been immense changes since that time. Many of them good and some not so good. We have seen development that has eaten away at our view corridors and we don't have much left that isn't built upon. The Lions Club very much supportg the wofk :of the Knoll- Willows Conservancy to protect the Knoll-Willows area from development and to keep it that way so future generations can enjoy a part of Estes Park as it used to be. We urge you to follow the wishes of the majority of the community and take this action. Thanking you in advance. President, Ralph Hollenbeck <:5*44 2*6~ ESTES PARK LIONS CLUB 395 Ponderosa Avenue Estes Park, CO 80517 April 12, 2001 Dear Bud, What a marvelous presentation you gave us on "the Knoll-Willows Conservancy Project" at Kiwanis Tuesday night. It was so good to hear dedicated folks like yourself that are committed to the sustainability of what we hold dear about Estes. you have the concurrence of many members of the Kiwanis Club as was evident from the response. Call us if you need some specific support that you might not have either now or later. Again, thanks for being with us and sharing the work of the Conservancy Project. 5incerely yours, Waline Park Bud Hampton 1575 Devils Gulch Road Estes Park, CO 80517 0~Jun 29 01 05:252 Division of Wildlife (S70] 667-2984 p.1 STATE OF COLORADO REFER--NG- Em-Owens, Gove-nor f=\ DEPARTmEN1--OF-aari-URJUL RESDURCES- BlÂ¥:SIGN-00 "Wiumiliz- ANÂ·eQUAL CÂ»;PORâ„¢NfFÂ¥Â·2~e:C~EM-- Jor-25;280Â¥ ]Rcusell George, Directur 6060-Elroa,&[ny Donver, Colorado 30216 Tolophone: (303) 297-1192 ~ The-*mel-1-Willewe--Censervapcy Bud Hampton J r5-75 DeviLIE GUIen ~d. mates Park, CO 80517 Tliank you for piuvidiuy the- Dj:ving,Â¤Ir cyr- W:trcitj:fe- (DOW)'- th-e oppvrtunity- t=- comment on the proposed conservation of the Knoll-Willowa prgperty. mis property contains severar wirdIff& NaBitaâ‚¬ Cypes. Tne most important is the ri_parian habitat along Back Canyon creek. At least 3 species of salmonids (rainbow, brock- and' brt,WIr Liuul-) reaidEr i:=--thi s short- Ertratch of-thm-' crEE]r. Be-aver- and- river otter reside or pass trough this stretch. Several species of passerine birda nest in the wirrows along the creele. Fbr the last 4- years, elk lave caIVed in tlii z riparian area. The rest- crt tmE property' i 5- gramstant, momrt=ilr shrub- or- ovezr- PandercrE:zr pine habitat. All of which is critical winter range for mAle deer and elk. A host of other wildlife species, from Atert'-s squirrers to Wyo#Ling ground squirrers a#.so resides here. Badgers, coyotes, and raccoons use this property almost daily. AS- develui.uuÂ¥412- cruiiliaut:-s- #T aciv2- fIr EnreÂ¥0- Park; propertterwhier are- Imauvmloped or slightly developed become increasingly important as wildlife habitat. This property Es especiarry Important dae Co ft's proxihfty Â·Co develbpecr argas. 1. 6- Rick- Spawprt 1651 CR 45 Drake, CO 50315. WILDLIn COMMI=SION, Chuck Lewis, Chairm/n* Mark L/Valley,- Vice Ch..12=-2.2- 2.=...4-alac< Secretary- ktax- iâ€ž,11,--quitll,G~JII,wer--Photlip Â·43.-r,Â· 11 " . - -,-M=*~tz'â€¢--191:ngld-Sa==Er;- *e=kier- Howard A. Lipke 477 Upper Venner Road Estes Park, CO 80517 June 19,2001 Mayor John Baudek Town Trustees Richard Putney, Chair Commissioners, EPURA Richard Widmer, Town Administrator Wil Smith, Executive Director, EPURA I offer these comments and recommendations relative to The Knoll-Willows Properties having had more than 33 years of experience with the U. S. Fish and Wildlife Service (FWS) in dealing with similar issues such as those faced by us relative to these important resource areas. There are many issues which pertain but three are addressed for these unique sites; sensitivity, size, and strategic location within the Town of Estes Park. Before addressing those points I would like to say that my wife, Alynn and I moved quite unexpectedly from Minnesota to Estes Park last September because of the awe-inspiring natural beauty of this town and its setting. We had not had any intention of a relocation at this time of our lives. This perspective comes from a family having lived on or near many National Wildlife Refuges, which too are national treasures such as is Rocky Mountain National Park. Towns near those refuges have been desired places to live but not without the casualties of over- development or poorly planned development. During my most recent FWS experience of 16 years before retiring four years ago, I worked on wetland and prairie resources of the prairie and pothole wetland area of northwest Minnesota. For 14 years I worked at restoring drained wetlands and re- establishment of native vegetation on over-used and abused uplands of the tallgrass prairie area; for the last two years I was the project manager instrumental in establishing a tallgrass prairie refuge in western Minnesota and northwest Iowa. The primary purpose of this new refuge was to preserve some of the small remaining remnant (original and undisturbed) prairie tracts on this once vast prairie zone. The Knoll-Willows Wetland Area contains natural and undisturbed vegetation unique to the site. The meadow with a small stream coursing through it provides wetland and moist soil conditions for a wonderful diversity of wetland plants and associated wildlife species. The gradual transition from there to the Knoll proper provides for a diversity of drier site plants and communities which also includes diverse wildlife. These natural grassland, meadow and stream environments with their great variety of grasses, sedges and forbs are the most stable plant communities one could hope for. They represent the lowest maintenance cover for the sites which will minimize erosion and noxious weed problems and left undisturbed would not have the costly and time-consuming effort of re-establishment. The importance of maintaining the natural vegetation of the sites cannot be emphasized enough. Complimenting the area is an over-story of trees and brush dominated by Ponderosa Pine on the drier sites and various species of willows on the lower sites. Lichen-covered boulders and 1 rock outcroppings add considerable aesthetic value to the area. On the issue of sensitivity, both the Willows area and the Knoll are highly sensitive to any disturbances, and, to their responsiveness to any restoration or re-vegetation efforts that could be required because of development for public or other uses of the sites. The riparian area of the Willows would be the most responsive to re-vegetation efforts; however, such efforts on the drier upland sites there and on the Knoll would be extremely difficult, with some herbaceous plants not sustainable or subsequently restorable depending on the extent of disturbance and use. During initial and costly restorations in the tallgrass prairie of the eastern plains, where rainfall is considerably greater, initial plantings of 15-20 of the more than 300 native species was the norm. Subsequent inter-seeding was then used to establish additional species requiring a long period of time for re-establishment. Some herbaceous plants (many of the flowers) were not restorable, nor did they have any tried and tested re-vegetation techniques. Thus, with a precipitation level less than half of the eastern plains area I would recommend limited development and extreme caution relative to any disturbance to these sensitive natural areas. Unique and rare plants of these sites warrants our full consideration for preservation and use of them only for education and scientific or field studies while they continue to provide significant aesthetic values to the Town of Estes Park. A second issue is size, many suggesting that the small size of the Knoll-Willows area (19-20 acres) is not significant in relation to the hundreds of thousands of acres of natural public lands surrounding the town. This is a misconception of the general public leading to attempts to influence public officials in their decision-making. The ~ uniqueness and sensitivity of the combined sites with rare plants and, likely, rare wildlife species warrants special consideration. As a public servant working on the tallgrass prairie project I was made aware of citizens' surprisingly strong desire during public meetings in scattered, small communities in northwestern Iowa and western Minnesota. Their expectation was that the FWS consider not only large remnant prairie tracts for the refuge, but that we would consider small (sometimes as small as one acre) parcels that bordered or sometimes were within city or town limits for inclusion. The principal interest was their use as outdoor education sites for the children of their communities. The third issue, and value, of the Knoll-Willows site is its location within the central core of the Town of Estes Park, and proximity to its schools. Already, other schools and institutions of higher learning are traveling considerable distances for the outdoor and environmental education opportunities provided by the Estes Valley and surrounding area. We have a great opportunity to preserve and protect through wise stewardship a wonderful "example" of a very unique and sensitive natural area. Also, the site is strategically located so as to provide beautiful vistas and views for local citizens and visitors which indirectly support the social and economic interests of this community. The view from the mall area parking lot with The Knoll as a foreground to the Park mountains is unprecedented in my experience. I would like to express my appreciation and thankfulness to EPURA and the Trustees for the early foresight to acquire the Knoll-Willows Properties. I respectfully request your careful consideration be given to the future conservation of 8 these sites. Their uniqueness, vulnerability and difficulty in re-vegetation efforts warrant special consideration. Respectfully, 1 lud 44 Howard A. Lipke Retired Fish & Wildlife Service Refuge Manager l 87 4 WETLAND DELINEATION OF THE BIRCH/BIKLE SITE ESTES PARK, COLORADO Prepared for The City of Estes Park September 1989 by Tom R. Cottrell M.S. Ecologist Ph.D. candidate in Botany .j INTRODUCTION This delineation was undertaken at the request of the City of Estes Park. The city is interested in attaining a piece of property hereafter referred to as Birch/Bikle. In order to accurately assess the value of this property, the percentage of the land which is wetland and may be subject to federal regulations must be known. Toward this goal an aerial photo of the site is included in this report, the wetland area is shaded on this photo. METHODS OF WETLAND IDENTIFICATION Wetlands were identified in the Birch/Bikle site near the Estes Park Municipal Building using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (Federal Interagency Committee for Wetland Delineation, 1989). This manual relies on a multiple-parameter approach involving plants, soils and hydrology to delineate wetlands. An area is termed a wetland when all three of these parameters, under normal circumstances, indicate wetland conditions. The current knowledge of the wetland indicator status of plant species known to occur in Colorado wetlands has been summarized and is available from the U.S. Fish and Wildlife Service's National Wetland Inventory (Reed, 1988). Each species is placed into one of five classes that indicates what percentage of the total number of individuals of that species in the region in question occur in wetlands. The ratings are as follows: obligate (OB)=more than 99% of the time in wetlands; facultative 1 , wet (FW)=66-99% ; facultative (F)=33-66% ; facultative upland (FU)=1-33% ; and upland (U)=less than 1% in wetlands. Plants are rated on this scale for specific regions of the United States by experts in wetland ecology. Use of these lists allows an initial identification of probable wetlands. When a site supports a predominance of wetland plants further investigation of that site is performed. First the soils are investigated to determine whether or not they are hydric. This decision is based on the criteria for hydric soils published by the Soil Conservation Service (SCS Hydric Soils of the State of Colorado 1985) and other guidelines presented in the wetland delineation manual. The third parameter required for wetland delineation - involves the hydrology of the site. This is the most difficult parameter to determine in many areas, particularly that have a high water table, but never have flooded or ponded conditions. The Federal Manual for Identifying and Delineating Wetlands (1989) provides guidelines for the determination of whether wetland hydrology occurs on the site. Plant identification and nomenclature follows Weber (1976). A list of species encountered and their wetland indicator status is included in Appendix A. DESCRIPTION OF BIRCH/BIKLE WETLAND The Birch/Bikle site contains a long wetland area, adjacent to the Black Canyon Creek which flows through the center of the site. This wetland is supported by the creek and the associated high water table. The wetland is characterized by a large mature canopy of Birch, Willow and Alder shrubs. These shrubs delineate the wetland area fairly accurately, however some small areas of wetland do not support these shrubs. Some facultative wetland and obligate wetland plants are commonly associated with these shrubs. Cow parsnip (Heracleum lanatum) and Canada reed grass 11 (Calamaarostis canadensis) are common in this site. The site has some exotic plant species (species which are non-native). Many of these species are commonly used for pasture grasses, such as : Kentucky bluegrass (Poa pratensis), Timothy (Phleum pratense), and Orchard grass (Dactylis qlomerata). These grasses along with Smooth brome (Bromopsis inermis), which has been planted by the Highway Department in many areas of the west, have become dominant over large areas of the west. Their presence indicates some disturbance in the past, usually from grazing. Black Canyon Creek has in the recent past incised its' banks, in some areas leaving willows isolated from the water source which had allowed their establishment. These areas are not jurisdictional wetlands because the hydrology has changed to the extent that wetland plants cannot become established at this date. The reason for the incision of the creek into its' bed may be increased housing development upstream. Whenever an area undergoes urbanization, runoff increases. These increases are ~~ due in part to lack of permeability of parking lots, roads, and compacted areas that previously slowed and/or absorbed surface water. This flow increase leads to increased cutting into the stream bed, which in turn lowers the river and often isolates wetland plants in upland situations. When the isolated plants ~~ are long lived, such as the willows and birch in this area, they may persist for many years, at a lower level of vitality. This appears to have happened, and may be continuing to happen, in the Birch/Bikle site. The plants which are isolated from the water table are not included in the wetland area drawn on the aerial photo. With this exception in mind, the wetland boundaries are roughly equivalent to the area of land supporting the willow and birch shrubs. Five stands were sampled in the site area. A stand is an area of relative homogeneity in which the abundance of all encountered plants is estimated and recorded as "percent cover". This method is typically used in any study involving plant ecology. The line between the upland areas similar to stand 3 and the wetland areas like stands 1, 2 and 4 was often difficult to determine. The procedure used to arrive at this line involved digging a series of soil pits perpendicular to the contour lines of the site and noting where the soil changed to a hydric soil. At this point an attempt was made to find a plant species whose distribution tends to follow this juncture between hydric and upland soil. If no one plant allowed this determination, the combined cover of several wetland or upland plants can be utilized. Field data sheets used in this determination are 1 included in Appendix B. Each stand is briefly described below. Stand 1 is found at the south end of the site along the creek. This stand is dominated by Birch (Betula occidentalis) and some willow plants (Salix spp.) The understory is dominated by Canada reed grass (OB), and some weedy introduced grasses. The soils in this stand are a sandy loam, saturated at the surface from capillary water. The colors are dull in the matrix, and bright mottles are common. This indicates a reduced state in the soil, and so the soil is termed "hydric". This stand is a wetland. Similar vegetation is found throughout the site, along the creek. Stand 2 describes a mature birch and willow community along Black Canyon Creek. The understory here contains cow parsnip, not found in stand 1. The presence of cow parsnip in this stand may indicate that it has had less grazing pressure in the past. The soils here are alluvial sands with dull matrix colors and very bright mottles. This soil is hydric. The creek supplies adequate water for wetland plants. This area is a wetland. Stand 2 is an upland area dominated by Aspen (Populus tremuloides). The grasses under the canopy of trees are introduced pasture species. The dominant grass is Kentucky bluegrass, the common lawn grass in Colorado. This grass can often be found in wetlands, however is rated as FU by Reed (1989). The soils in this stand are loams, with dark but not dull matrix colors (10 YR 3/2). The color indicates that this soil is not hydric. This area is an upland. Stand 1 is similar to stand 2 with a canopy dominated by the willow Salix monticola, and cow parsnip in the understory. This type of plant community is common in the Front Range of Colorado and has been described by Cooper and Cottrell (to be published, research accomplished for The Nature Conservancy). The soils are saturated black loams, and the high water table is persistent. Stand 1 describes the dominant vegetation west of the creek. Upland grasses are dominant and the soils are brown loams. This side of the creek is generally sloping to the degree that water does not pond, nor remain long on the surface to allow ~ i infiltration. The vegetation type described by this stand is perhaps the most common in the Birch/Bikle site. This area is an 1 1 upland. CONCLUSION The Birch/Bikle site is approximately one quarter wetland. The area on the photo was not planimetered to determine an exact acreage. The wetland is of moderate to good quality. This rating is' based on the ability of the wetland to perform certain functions. Among these functions are included; reduction of ~ i erosion; bank stabilization; water quality; habitat for wild animals; rare plant species; and aesthetic qualities. No rare plants were found in the wetland. The vegetation of the site is not of particular interest for its' diversity or richness. The incision of the creek, and the existence of exotic plant species deters from the value of the site, from a plant ecology stand point. The vegetation along the creek has stabilized the banks and so is very important in maintaining the water quality of Black Canyon Creek. Deer, some small mammals, and numerous bird species utilize the wetland heavily. The habitat provided these animals by this wetland is very important because of the human population pressures which now limit the area of native vegetation in the Estes Valley. As with any natural area within a population center, this site plays a major role in visitor appreciation and enjoyment. The Estes Valley draws large crowds of tourists for one major reason, the beautiful surroundings. The value of this resource must not be under estimated. Sites such as Birch/Bikle add to the beauty and diversity of the Estes Valley. Literature Cited Federal Interagency Committee for Wetland Delineation. 1989. Federal Manual for Identifying and Delineating Jurisdictional Wetlands. 76 p. Reed, P. B. 1988. National list of Plant Species That Occur in Wetlands: Central Plains (Region 5). U.S. Dept. Int. Fish and Wildlife Service, Biological Rept. 88(26.5), 73 p. Soil Conservation Service. 1985. Hydric soils of the state of Colorado 1985. U.S. Dept. Agric. Soil Conservation Service. Weber, W. A. 1976. Rocky Mountain Flora. Colorado Assoc. Press, Boulder, Colorado. 479 p. 11 APPENDIX A Scientific Name Common Name NWI Rating Aconitum columbianum Monks hood FW Alnus incana alder FW Aaropyron smithii Western wheatgrass FU Agropyron resens Quack grass F Agrostis qiqantea Redtop FW Betula occidentalis Western river birch FW Bromopsis inermis Smooth brome ?(FU) Calamagrostis canadensis Canadian reed grass OB Carex nebraskensis sedge OB Cirsium arvense Canada thistle FU Geranium richardsonii geranium ?(FU) 1 Glyceria elata manna grass OB Heracleum lanatum cow parsnip FW Hippochaete laevigatum smooth rush FW Lonicera involucrata honeysuckle ?(F) Linnaria vulcaris butter-n-eggs ?(FU) Phleum pratense timothy FU Pentaphylloides floribunda cinqufoil ?(F) Poa pratensis Kentucky bluegrass FU Populus tremuloides aspen FU Prunus virginiana chokecherry FU Ribes lacustre wax current ?(F) Rosa woods wild rose FU Salix bebbiana Bebb's willow FW Salix monticola Willow OB 1 Solidago altissima goldenrod FU Solidaao missouriensis goldenrod FU Taraxacum officianale dandylion FU Trifolium pratense red clover FU 1 WETLANI) FIELD INVESTIGATION project: 2-4-82 6 9%010 . Â· Date: 9-23 Stand #: C PI : CP TUâ‚¬Â·ELL Location (state, county, township-range): stand description: S,4, 666|01- 4 6- rvÂ«:liulc~ w/'EJ-.la (coâ‚¬ c~L--lis ..wf ~ 4-0 Slow VI,gui7 cre-ek. '-Eok res" , 6....Â£ fÂ°f -LÂ© +ru-,auL-t VEGETATION Community Type: ~ ; Description: Species % COV Ind Species % Cov Ind - I. C.24 -%8446 Cc.--La /5---- -08 10. Rey..13(-Uk r..2.10Â£. b ~ 2 - Bak,Â· f 5 5% l â€¢4-n-b 19- 54 & 0 Â¥vuA.t#L l.u 10:- 08 12. Eectlolol- sf Â· + 4 . S.li * 102-6\0 4...... io - 66& 13. A 82-*di- ecti &044-LS F w 1 4.. 6 2-, C.2.r-U~ v 1~-fAÂ·.-- 4- 10 - 1 5 . re Q ..l.. 5 -b.tw--LI 4-ts. 1 7. 1 Â« 64-6- r re.~-uv~_ ; TO-.-.-- 16. / i 8. 30 l.ckâ€¢,-cE~ --I*~666 - 5- _ Fle 17. . 9. fcc f -A~-545 10 - FU 18. % Cov Obl: - % Facw: % Fac: % Facil: 0 UP] i ~ ;Comments : Ix.:,4.Jacj area- 4. l"r e- f VE L< UU (14 f.2102 tfult = #5~- '~21421- ~ Cl. 87-fi<L-4 -G--4-4- c 0--10 is Cd M. + cl,eaf #Vellc-1 i-5 <4( I . U SOILS rke ..'.l-"3 61- Cou.....:. ~3 0/ , 6-6Â·Â·c 6,~.7~- fkr~,~65 - st<S P.e-<-:do t,Ack ~fato-~ Description: Scx--4 toc~..Â·0.j S=cÂ·hÂ·Â·.Â»--4~.4- ecl 2" 4Â£. (ou.2 s ov-A-ce_. bov-l coleÂ·ted Vifk exid.: 421 root c.ULAL/1 + SAwk M.4#61 ~ Soil Series-phase: Soil Profile: Depth Text Color Matrix Color Mottle Tem p 1,6-15" - -2.-UN Am- ( 0 7 R. 2<I titzi_ 2. 3. 4. /-k k.4 41<.3 Water Table Depth: /6 '/ L li2S Aje Gleyed: Am Water Temp: Rooting depth: _ pH: Conductiv: DO: Redox: ~ Soil Classification: AI 4-Cl ... Comments: /ceÂ·c~ r-ocks Ad- cul /5-4 ~ HYDROLOGY Description: 2131 k u h :R- 6 6- , fel 6 2 ord . pum-3 eul ~ Flow cfs: lydroperiod: ~ Flooding: Ce- f~-â‚¬-~6*607& - .c,ii:ments : ~ 11 c:(.'uSS] (,N: '(OÂ£~t,e-4 - r ~'O(4% twL,4- [-4 tb ~104 64, FeellÂ« 1--4 I,4-cb 4 1,4#Lid ) 3~-c<Le f 50,-cA as <-fkle-Â£ 1 1-k~ 1Jil/fl." 4 (2:~CaÂ·-~ttly Â«f-L Crnse 'cke-Clj- 4 Lse,(4 IM 6wrclu-(ls k.fL,â€¢-4 (ir.â‚¬.Ar Â·A-ke Al A.0 - e ... . = --1 ' --0- i -r&43 82<b lÂ·% ij..1 0,-441 -El-/4 44_ hes f. A-CUrÂ·:U-Â·*~ fv~66- A 40(NL C+ i k.1 11.0 0 l Le_ Crel KA-D (.1Â·uC..L Se.~ CL 6 4Â©,1- 6 4 -Ct_ CLLL- c,-s kika .ck-. (p,â€ž 17 â‚¬ n.-1- râ‚¬_t L Lt CA rt_Â« S , a ~Ar-llil ALL 6145 k'44 60 illow + 3 thid B.,- ACL- 4.4 g u.-.~6Â·-441. ~ S &L.,Ll i k cl= st..,pis of Y &-4- 440...3-let- / U .,-1 lic-Ld-Er/ 01 wel-L,k 1,~-j~n of +U. Scoilt V,r-2:. 4.-~ 4-0 0 4.tÂ·Â·* Ja J r_ -. fJK Cfr-~_ 0 44/4 C~214-121-4 4 4% VA C -e-cut 62Â«- J Aa-m_ so Z I j w. 14 u'.A-1.-4 c. le r M 1 4 9</2- ,"RLJF to ISA. Se.*,_ v Ul LA- WETLAND FIELD INVESTIGATION Project: E>+s par k. Date: 7-23 Stand#: Al- PI: )TI-72â‚¬-LL Location ( state, county, township-range): Stand description: i'ldo.,-4. b> Gck + wiuw a.,1 cri:.e_Â£ 5&60 . VEGETATION Community Type: Description: ~ Species % Cov Ind Species % Cov Ind 1. b.a-,4-3.31Â·- occ-c do-44(5 r- il - -- 10. Golt L....~. cd#Ad 7- -1-=3-- - FU & 2. Sâ€¢-l C> Me...4-Ju.la. - 20 11. TaLAM#228163_21-'~.-',2 - /5- - 08 1 13. Re-r=,Â·-c. (.1-4- 4~.t-~ -ts 12. e.-DroS-Â·AS jje..44 , /0 . 1 4 . Af 101% la.LLes 'he r C 13. p rt\ f f Â°C~2.-4-3 (AQU,94,1-4 -2 , 5 . 0100 CL f -#*3 cs - : .Â§16- 14. 7,1- fit,(lin froul<-f#.- 3 1 6. L--râ€¢@L 14,~velu-cuk_ - 5 15. 7. f rk -..5 v i '%"*0Â« , 16 . Ace,1&4-- Cob<L #ARK..- -1 8. EftÂ»,-4 Fs CS 1.-V-4,1 - 5 17 . YAP -e..~ f A.le#pr - 1 ~ 9. GsÂ« se. -+ 18. Clvt* A.C,brasketscs - 6- % Cov Obl: - % Facw: % Fac: % Facu: , Up]: 1,Comments: 1Â»21Â·Li v.c.,1. CD,",-Â»44 62 FLu + 613 0de-.aÂ·A/h:-k Â· - ~ ]Description : fktb,-1 , 41-4.., ~41)pb toc~ -10 5 q..LJ => S.1.*t.,C/. ISOILS tsoil Series-phase: {Soil Profile: Depth Te-3-4 Color Matrix Color Mottle Tem I-) 1. 0-1 */r 2221-~ to H K. 377 1.%-ELI 2. 3. j ~ Rooting depth: pH: Conductiv: DO: Redox: Water Table Depth: liES ~675 Gleyed: jâ‚¬57 Water Temp: Soil Classification:, $/ 4,-ic ~ Coniments : bile.49:~.ds, MA4 LU,4 red&t c.ed Ca(or s HYDROLOGY 4 kn 4 44.- 4 6 4 , , ~ Description: 9-6-â‚¬*-91 4 Flow cfs: ~ Hydroperiod: flooding: .r,It:ment. '3: , ~ 11 :;(.'l.'MS]ON: ' W-LAL-J 1 WETLAND FIELD INVESTIGATION Project: 65+25 Ev k- Date: 9-1-5-97 Stand#: 3 PI: ~P~72- ELL Location ( state, county, township-range): , Stand description: PeÂ¢*lw' to<IL'.# . U,( F'k |-2~-_ - Ce,u~,0-~ Ct.s fÂ« 41 " /4 4425 ~r-25k- Â· C,Ar I''c.%\ VI~'.m-~ . - i VEGETATION Community Type: ~Description: .. ~ 1 Species % COV Ind Species % COV Ind 4 1. {Do Â¢H\.,-5 trt .#9( 4% -70 ------ 10. 7- =ga Lu- c 4-L ut.- 1 1 2 - pk\.t-- f fhafre,25 - OLD 11. 809 1-<7~ CL VE<97(Â»Â·Â«.- 1,0 12. I 2 4 0 6.28Â¢'u'u w,â€ž_ rl Lk-45-2 Z -7- 13. ~ 5. fc-4*Â·.VAL, Â§<kLIAO, : C 14. ~ 1 6. 1-ri @24Â·u- fÂ¥14<k-%,- 3 15. ] 7 . <Â© 91 Le.c,.~4:* / - 16. 1 8 - Ol" l'jrm, r-2.f.1 5-/ 17. ~ i 1 t~:Â« f ad-â‚¬4-~.C* , GO 18. 1 i% Cov Obl: - % Facw: % Fac: % Facu: B Up]: IComments: â‚¬84.04 9413 9.4 U 0 + 0,â‚¬1{0-& 0 -FU-b,-0 tf.Â£. LU-5 SfrÂ·.cU (41.0 Â§ I 4-4- u,e-Â·446- 4Â£64 AlÂ·Â£ c.tek-, 64- of 4-4.a~t Â·selve<. L ezi r.e.~ *e 54..vt- 1 lÂ»'L.1 t~AÂ« SOILS ~ Description: locâ€¢Â» Â· d"-1Â·-r q.-4 440% Ll â‚¬L- Soil Series-phase: i --- Soil Profile: Depth Text Color Matrix Color Mottle Temp 1. ls" locui,_. 83 YR i/L NONE 2. 3. 4. Â· ~ Rooting depth: -_ pH: Conductiv: DO: Redox: Water Table Depth: H 2S Gleyed: Water Temp: Soil Classification: : ~ Comments: Lif W.-4 'IYDROLOGY ~ iescription: ra-r-Â·c_ L-,91\ cul>I_~ 4.6 4. 4 'low cfs: ~ 4-droperiod: 'looding: i : - ~ bit:ments: 1 ,$(ruSSION: 1 UFLA A-Rb 1 WETLAND FIELD INVESTIGATION project: 254â‚¬b fula ~ Date: 9-2.3-87 Stand #: 9 P I: C-gy.E-12_dll Location (suate, county, township-range): Stand description: 1- c-ke 9\0-,1 1 , 12.-fy k~.Â».-.y c., - qf SF#L-k_ 0,Â»--,4,1- VEGETATION Community Type: Description: :Species % COV Ind Species i Cov Ind - i 1 - 9651.l\)6 rk..vt< C...>4 - 50 Â· - 0 -9 10. to - ful 11. i 3. fli h.2.5 6 0,â€¢.strt -,5 - F 12. 1 4 0 112.1-z~ c.le- la,U-- -15- 13. ~?. 90(\ Â£7 40- 14. 15. i u ' ~c N Q AlÂ«t> A . , to 16. 17. 74-4<- (-4 0 14. cx,&..0~ 4---Â·F 1 8. 4*BrÂ«' V 411-4-6 --t 17. i 9. 18. CIA,2-4~ )4-Lus C:b li - 1 % Cov Obl: - % Facw: 9, Fac: % Facu: % Up]: Comments: Cre.21 s CAR- - GUU~-~-4 - 'SOILS Ilescription : ~,ck,=4.e- J 311-9 LÂ° *0"w* 9 lacjc }Soil Series-phase: 'Soil Profile: Depth Text Color Matrix Color Mottle Temp 1. 1 2. 3. 4. Water Table Depth: i12S Gleyed: Water Temp: Rooting depth: pIi: Conductiv: DO: Redox: Soil Classification: .. Comments: . -~11+-_c - *gp <45 Otc. ag , Â· QYDROLOGY Description: L.14 vi*,- 1.-LU / ru-rna.,1 e-_4924 20..J Crrel- Flow cfs: tlydroperiod: ?looding: , .rizi.ments: V 1/b \2"UL . 1 1 WETLAND FIELD INVESTIGATION C- 94Â·Â«p ~c<Â·Â· L Project: v Date: 9-13 -eT Stand'#: â‚¬ P I : CD Tr--72.AILL Location (scate, county, township-range): Stand description: LL pix-u r 4.9<- 6 , tuâ‚¬51 a f CreLJL - i - VEGETATION Community Type: Description: .. ~ Species % Cov Ind Species % Cov Ind - . 11. f\4.21,v...., fAAe.,L'.L . - /5- - - 10. 2 - ~ 91 rcH r.2.~.40.-3 -. 11. . 23. C <Sl- 00J â€¢â‚¬kâ€¢.A. - 5- 12. RO<2 9~-1% c~~G14- - 5-* 13. 14. ~ 16. ~~-fs<w ulbUr-w...ies-*60 15. .7. , 7 TY.254 : 0-c-- \' Â·Â¢44 l.5- S 16. 8. ' . 17. 9. 18. % Cov Obl: - % Facw: % Fac: % Facu: % Up]: ~ Comments: LLY L- A ~- 3 - SOILS Ilescription: 019 3*5Â©84 C*LÂ«046:2~ 6 rtÂ» (a_ Soil Series-phase: ~ Soil Profile: Depth Tex.y: Color Matrix Color Mottle Temp laaÂ·*. 2, 3. 4. - ~ Rooting depth: pil: Conductiv: DO: Redox: later Table Depth: li 2S Gleyed: Water Temp: mil Classification: ~ :omments: hv~) 4.J , IYDROLOGY ~ lescription: 'Â¥~) U~~-Cr <A low cfs: ~ Iydroperiod: 'loading: ~ c,ii:inp. nt:i: 'a '1 Scutis](M : , 3-41 1 - 4- A -. . 7 7 111 0â€¢4 4. 1 1 14â€¢971~ '~ . 2~ * ~ '''. - Â·41 4 i x . , 4 . I -I ./ I # .4, , 1 F .t, 1.:3,~;'.â‚¬..1.1 1 -"pik~%...3 ' I --- .,. e.it. t. PARCEL B :6,1 . I - ....4 - -4 &9 .. 2... 4, 0 N Â£-': 7--1-44*2-= 4 4 4--6 4.3*2403$ 947 4- /4/. 47.1.*4641+3e ~Â·,f:.. ~ ..... " r. . "11/ -- - --.11 .% 9 -1.,903*0(: .r~, ~~<~f~Q4}.4,** t~ - Â· , I. Ill . - -f 4 Â·Â· L.4.,J r --2,s ' : - Orrs f. ..f Â· I *,4 e ~/ /.'g~â€¢ .* ' .FÂ·Sul F- *.. - .u ~ 4*f. Â©LU Â¥>Â¥ / . .... . . Â·.:Â·11,43Â· 4.4 .: 29:w .- .:.- 4.-_ 4: 9,4- 6 4 0 W ... n.4 ..7.. ~1 ~ 'Â·.,~ ~~ * WETLANDS ~ ~ -1 - %*Le:. . 46, - ...1 e . A:. , 4.*0 . .9 12* A- L - : :. .X / Il '/ 7. .Â·.r â€¢*â€¢at==Pi }1 -*N- . 4.4 -11 f~043 -Glef 1-''Vi 4 7 4. r. --A 1% %'r // f:/ =* I . ' 32.'Â· . I k liM .1- f . . - .2 I - , 'f 4 44 1. --4 .0 - , , b. i â€¢72 Sit ' .fbr :- ~ ' v , / I J I 9 - 1. '134.' 1 \Â¥-Putiw<3'Ir - S. 1 9 Â¥,wÂ·42 2 0 ~-Â«rd; 1.MWAE. 2 . 1, 11,4 - . 1:tr ..4 V. i -- r 3 - 91 ' ll. : f.- I ; 4 * PARCEL A . .., , Â·r *Am-: * 4 / n. th .-. 13 -In'. . I - r. ' 4.1 . f. 18 . â€¢ f.:47%<~ -3.-, - Tri 'EÂ« - - - 2 Y.- * / *2 : 2.4&0 , 2 t . f.'t -74'14*,4,4 %2( 2- Z=41. 41/â€¢ft.-Â·~4 i 4 4 *Irt. #1046/.1.. ~ 41:65 :.6:4: *fl,- - , L 3-14 1 ..4. . 4 t.<,1.*. *. ' y $ . 1. a --2.- ..... . ..... 14 f 1,- .. 4 1 1 1 2.2, r:<c T , N -n- 05/ i 4 - r P â‚¬ 1 r RUINS 7.Â¥.' et .4 .1 . A -- - :54. ... 41 - 13. \ . 4 ... '4*4 4 . . h.... 4-11-Ju -b. - r f ii 9 + 1feyâ‚¬ .- 7 /241.9% 14Â·1Â£- 1-=ri~% r , \ f.....P ..... *17 J *114>. f 21 .t. ., 32 ... 4 11.-1 ..Li Â£ i.r. 6 -pietf. Â· Â· ~ M -- - t 1 1, PL 6 4 ./ 4 r , '- 4, Â· Ce teâ‚¬/- r . *: : ..4 - - I . t . 4- if-- ..4 401 1 , 1 E - 4 - '5 ' 0 Vt#1 -* '/ L . 4 â€¢ ~ fk <617- - Al,AYÂ¢\b&.1 ~3540 '611+ \ ./ C L. Cor refrxot 0.- '41 31, U a- * Al . 1%1 7 ;2 - LA<- . f il %\,> '4; P*Ne -- ,-A m ... 4 - f I V N . . I-r.t e 1/: 4%.1 6 .4 4 urs<18 41,4 24.47 - 1////13 * 474 2 -9 i.- 121 .-* r Fl , . - 49.'* 7 4 .2 # Ir -1 ... -4~\ Bil 4 ...,-dyÂ¢245Â¥ f<:Aae 9 7d 43 2'â€¢AÂ· -.F~aj ..7 Â¥.2â€¢.U -4- . 4>.â‚¬,7 , I -I 1 11 APPENDIX F: Larimer County Wetland Definition 8.25 from the Larimer County Land Use Code 12 APPENDIX G: Bird List, Knoll-Willows Properties by Scott Rashid 13 APPENDIX H: The Knoll-Willows Conservancy Signature Sheets 14 APPENDIX I: Town Groups Endorse Natural Open Space and Historic Site Preservation 1 36 1 ESTES PARK KNOLL-WILLOWS CONSERVANCY- RECOMMENDATION FOR THE 1 CONSERVATION OF THE KNOLL-WILLOWS PROPERTIES I Copies to: Mayor John Baudek Town Trustees Richard Putney, EPURA Chair Commissioners, EPURA Richard Widmer, Town Administrator Wil Smith, Executive Director of EPURA July 24,2001 Estes Park Board of Trustees It is respectfully recommended by the Estes Park Knoll-Willows Conservancy and The People* that: 1 THE TOWN GOVERNMENT TAKE ACTION NOW; TO COMBINE THE 19.4 ACRES THAT ARE KNOWN AS THE KNOLL-WILLOWS PROPERTIES AS OUTLINED IN RED ON FIGURE 1 OF APPENDIX A; INTO A SINGLE CONSERVATION AREA; FOR THE BENEFIT OF TOWN RESIDENTS, VISITORS, 1 AND THE WORLDWIDE COMMUNITY; THROUGH RESEARCH, EDUCATION AND PASSIVE ENJOYMENT; AND FURTHER, THAT BY THE ABOVE ACTION(S), AND BY OTHER ACTION(S), AND FOR THE SAME PURPOSE, THAT THESE SAME PROPERTIES BE LEGALLY PROTECTED; IN PERPETUITY; IN THEIR NATURAL STATE AND AS AN IMPORTANT HISTORICAL SITE. FURTHER, BUT NOT AS A CONTINGENCY TO ACCOMPLISHING THE ABOVE, IT IS URGED THAT THE TOWN SIMPLY AND APPROPRIATELY IDENTIFY THIS KNOLL-WILLOWS CONSERVATION AREA AS A MEMORIAL TO ENOS A. MILLS. *THE PEOPLE: The more than 3200 individuals who have already signed the Knoll- Willows Conservancy opinion poll and others; plus local groups such as the Association for Responsible Development, the Estes Valley Improvement Association, the League of Women Voters, the Estes Park Lions Club. Sincerely, 2 Knoll-Willows Conservancy Board ofDirectors (Mary Bauer, Margaret Clark, Dorothy Gibbs, Bud Hampton, Bob Jones, Enda Mills Kiley, Glenn Mapes (attorney-at-law), John 1 C. Mulvihill (Attorney-at-law), Glenn Porzak (attorney-at-law), Dale Vrabec, and Enes Wheeler) and membership. \ 435Â»Â«~ 4220; ~Â»:Â»- O. W. (Bud) Hamptoh, Cbkil (Ph.D.) BobjEEÂ©Vice Chair 1 1 1 3 CONTENTS Introduction 5 Natural Resources 9 Visual and Historic Resources 11 Rest, Relaxation, Meditation 12 A Plan: Consideration of Pedestrian Viewing Areafs and Circulation for the Proposed Conservation Area; Goals and Design Considerations.. Costs: Way and Means 15 Summary. 16 4 INTRODUCTION The Knoll-Willows Conservancy members gratefully acknowledge the actions taken by the Board ofTrustees, the Estes Park Urban Renewal Authority, Administration, and the citizens of Estes Park to preserve the concept of"open space" for the properties commonly known as The Knoll-Willows. Such action has enabled those properties to remain free from commercial development. In thankful recognition of the preliminary action taken by these bodies, the Knoll-Willows Conservancy respectfully recommends the following: 1. That the Board of Trustees join the citizens of and visitors to Estes Park in continuing the stewardship of the natural open space and historic site referred to as the Knoll - Willows Properties by taking favorable action on the previously stated "RECOMMENDATION". (See maps Figures 1 and 2). 1 5 -'ll-.I-'-/9-~$.~.I . 2 --0.-- - . I. - - = ./3, - 7.1 --,-t =*. i~ 4.-4..,N'6'62 Iff~ 6.- 4 - --Â£=I.-.'IM . //b/////4/20462/Wi;&10*A: ~i.*. . . â€¢ -â€¢-1 2 3~ 2- g . 4 .=0 ' \ k -9/A/6.-yptil/Fl I., ,0, 14 . . , A f -1.8/4. - 15,4,4 .1,11 â€¢r- 1 1-.2 e. T , - Â¥ \4 . -4 - .1. = -.. 3=Aa!=2= - . .-Ill-..=19- = -~ 8 17,-4 13/"P*- - AW=. . M A--1~=r .1. 1/li,A#- 9"6 - - .p'"% 4 .4 r K- AW I Ir 4. 1 *Â¥90 J * 4 4 =.- . - ,\ .= ls- .--I' I , , L 44 Â· a -. L ~+44 -Pt= - -' *,2 k :1~ . 14 I . 6.' ' AL. - :42 *fr - .. -,- rt- .4 ... - - ./ 1 / I. *,5 / ...26<: Â· 1 0 4 -4 1 q/ 1- 4 t 1, I i . 4 f. 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That by doing so, the Town elected and appointed Boards, Commissioners and Committees join the some 3,200 plus signatories and certain Town and Estes Valley groups in recognition of their expressed wishes for the preferred use of the specified area. The signatories of the Knoll-Willows poll and Town and Estes Valley groups express the need to appreciate and conserve this particular Estes Park historic, archaeological, wildlife, and ecologically valuable site which once gone, can never be replaced. This need is expressed with the full understanding ofthe premise that full economic development of revenue producing sources for Estes Park is necessary. However, this "conservation" is paramount. Further, it is believed that such a conserved area, for the purpose, would more fully serve the economics and the well being of the community than any other use o f the property. Therefore, as a formal declaration of the desire to maintain the Knoll-Willows property as natural open space and historic site, the Conservancy recommends that the Board of Trustees create The Estes Park Conservation Area by either/and/or: a) Dedicating the combined Knoll-Willows Properties into a Conservation Easement stipulating that the described property will remain in its natural and historic state for that purpose, precluding future or additional development or subdivision (per E ites Valley Development Code definitions, Section 13-3, item 97, Pages 13-25); b) Restrictions on appropriate legal instruments; c) Passage of a conservation ordinance to conserve the site to be used as a living outdoor educational laboratory for the study and viewing of wildlife, flora and fauna, geological features, interrelated ecological systems and historic ruins and buildings, and, also for passive enjoyment of the conserved area, for example, as a place for quiet thought and meditation. In consideration of the above ("a"), t'b"), and ("c"), a specific plan for minimum development for the "purposes" within the proposed conservation area is presented in a section of this recommendation report entitled, "A Plan....." Concurrently, it is recommended that the Town make a best effort to get the entire site placed into the Colorado State Registry of Historic Properties. Formalization of the recommended Conservation Area will also serve to inform people about the importance of preserving the natural and cultural heritage in the town of Estes Park. Furthermore, such action will beneficially notify the County, State, Nation and individuals and groups throughout the world of our Town commitment to preserve the natural environment and historical places. The action will expand the project's eligibility to receive technical support and monies from the Larimer County share of Great Outdoors Colorado (GOCO), Colorado Historical Fund, land trusts, State and possibly Federal funds; as well as technical support and funds from both public and private foundations and individual contributors. 7 Positive communication with National Park Service Rivers and Trails Program by the Knoll-Willows Conservancy for "Bringing National Park Service expertise to locally led conservation efforts" has already been established. 8 NATURAL RESOURCES The cumulative reasons for preserving the natural resources that are presently on the property are provocative; in the minds of many people, a must. In addition to the natural attributes as set forth below, please refer for detail and completeness of items to the accompanying HISTORY AND RESOURCES DOCUMENTATION REPORT FOR THE KNOLL-WILLOWS PROPERTIES, dated July, 2001. a) The Properties in combination as a single nature and conservation area contain all three qfthe attributes for a complete, classical wildlife habitat: food, water, and shelter. b) Combined as a single geographic entity, The Knoll-Willows Properties boast the presence of a multi-faceted natural environment that contains: 1) Three adjoining ecosystems: a) Remnant Open Ponderosa Pine Ecosystem b) Montane Riparian Ecosystem with wetland and willows c) Dry Grassland Ecosystem. The grassland aspects of the habitat could probably not be replaced, once destroyed. 2) An aquatic ecology zone (Black Canyon Creek). 3) An important and viewable elk calving ground; a significant bird, elk, deer, coyote, badger and deer habitat; and in Black Canyon Creek three species of salmonids (rainbow, brook, and brown trout). 4) Important elk and deer winter range. 5) Jagged rock cliffs and rocky vegetated slopes that bound parts of the properties, and scattered rock outcrops and erratics across its upper meadow. The geologic aspects of the properties furnish visually pleasing and interesting, as well as, scientifically important data. 6) Beautiful mature and young ponderosa pine trees and shrubs that grace both lower slopes and crestal areas. 7) A grassland meadow with its various plants, including wild flowers. 8) A quiet spot for relaxation, meditation and spiritual renewal. 1 Comments from some of the specialists who have conducted research on the properties follow: a) Barri Bernier, Rocky Mountain National Park Biological Science Technician: "The plants and animals and birds that inhabit and use this property are characteristic of three ecosystems and have survived despite surrounding extensive development. This is a fortunate and unusual situation, indeed, with these combined natural resources existing on a singly property within the center of Estes Park." b) Howard H. Lipke, retired Fish and Wildlife Service Refuge Manager with more than 33 years of experience: "Many people suggest that the small size o f the Knoll-Willows Properties (19.4 acres) is not significant in relation to the hundreds of thousands of acres of natural public lands surrounding the town. This is a misconception of the general public leading to attempts to influence public officials in their decision-making. The uniqueness and sensitivity of the site...warrant special consideration." c) Rick Spowart, Ph.d., Colorado Division ofWildlife with 15 years experience in the Estes Valley: "As development continues in Estes Park, properties which are undeveloped or slightly developed become increasingly important as wildlife habitat. This property is especially important due to its proximity to developed areas." l 9 d) Scott Rashid, licensed bird rehabilitator, bird and bird habitat specialist:: "...as construction continues and both resident and visitor activity increase a protected Knoll-Willows would become 'the oasis in the middle of the desert' so to speak, that will become one of the few safe havens for migrating and nesting birds." e) M. S. Cottrell, Ecologist (wetlands study of Birch/Bikle properties and report for the Town, 1989:: "Deer, some small mammals, and numerous bird species utilize the wetland heavily. The habitat provided these animals by this wetland is very important because of the human population pressures which now limit the area o f native vegetation in the Estes Valley. As with any natural area within a population center, this site plays a major role in visitor appreciation and enjoyment. The Estes Valley draws large crowds of tourists for one major reason, the beautiful surroundings. The value o f this resource must not be underestimated. Sites such as Birch/Bikle add to the beauty and diversity of the Estes Valley." 1 1 10 VISUAL AND HISTORIC RESOURCES The Knoll-Willows Properties remain as the unique local gem of variable natural landscape vistas, important natural view corridors, and wildlife viewing in a natural habitat and historic remnants within the active business and municipal core of Estes Park. When F. O. Stanley planned and then built (1907 - 1909) the Stanley Hotel he owned the land in front o f the hotel to the south and across the Knoll properties. The land was undeveloped natural open space. Stanleyfeatured andprotected this area. He oriented the hotel to highlight the priceless view and make it a primary part of the amenities of the hotel and his historic district as he had planned and wanted it. As Al G. Birch wrote in a letter, dated July 3[, 1969, to Albert C. Edwards, writer for the Trail Gazette, "...He (Stanley) was loathe to sell any property out in front of the Stanley Hotel site..." These natural properties were an economically important part ofthe Stanley Hotel. Stanley placed economic value on natural open space. Today in The Stanley Historic District Master Plan, January 11,1994, and Historic District Ordinance, "The Town o f Estes Park has designated several key view sheds which must be protected Visitors Center, and along Highway 36 from its intersection with Highway 7 to its intersection with from any development (p. 8, SHDMP). "...They include the view ofthe hotel from the porch ofthe Highway 34." Preservation of the natural open space across the Knoll-Willows Properties is key to protecting these wonderful views. Fortunately, only with planning and dedication; not the need for the expenditure o f large or even small sums o f money, the view corridors o f which the Knoll- Willows is key can be properly protected by concurrence with the Knoll-Willows Conservancy recommendation. With that action, the Town can: 1) protect those view corridors which the Town is obligated to protect, and 2) greatly enhance the natural and historical value of the present Stanley Historic District. Such action would, in effect, restore and protect the historic district as F.O. Stanley himself, had planned and used it. In this sense, the Knoll-Willows Conservancy suggests that the entire Knoll-Willows properties is a valuable natural and Historic site and should so be recommended to the Colorado State Registry ofHistorical Sites. In accord with the foregoing, the Knoll-Willows Conservancy has carefully incorporated the obligation to protect these certain view corridors and vistas into our recommended "Plan." The historic value of both the Birch stone ruins (1904) and the Birch log house (1908) cannot be denied and both are included in the Conservancy concept of the entire Knoll-Willows Properties as a single entity, being a natural and historic site of great value. The visual natural open space and historic value of these properties will only increase in fundamental economic and enjoyment value as commercial, municipal and residential activities increase around the perimeter of the Knoll-Willows. 11 REST, RELAXATION, MEDITATION Much has been thought and casually talked about for quite a period o f time o f the Knoll-Willows Properties being the ideal area in the center of the busyness of our Town core for visual, mental, and spiritual relaxation and personal renewal. By virtue o f its natural setting and quietness, it is an ideal outdoor area in which to fulfill this kind o f public need. Again, as in our efforts to conserve the natural habitat, wild animals, historic values, prime vistas and view corridors of the Properties with a proposed plan, the subject of the use of the proposed conservation area as a place for Rest, Relaxation, and Meditation is addressed in the Plan. A PLAN: CONSIDERATION OF PEDESTRIAN VIEWING AREA/SAND CIRCULATION FOR THE PROPOSED CONSERVATION AREA; GOALS AND DESIGN CONSIDERATIONS 1 After much deliberation and numerous project reviews, consultation with various EPURA, Town staff and others, many field excursions with environmental and archaeological specialists to seek 1 grounded truth about the issues, and, yes, after much agonizing a plan was devised. Included in the plan are: 1) a primary kiosk (outdoor information center for the conservation area), to be strategically located outside ofbut adjacent to the "area"; 2) a single relatively short and narrow viewing / photographic walkway along the outside edge of a part of the "area"; 3) two entrances, both strategically located, to tie a single path from near the southwest corner of the "area." (See map Figure 3, as well as larger map to be used at Trustees Town Board meeting July 24, 2001.) Considerations were: a) Make the area accessible to the public for education, research, passive exploration and discovery ofnatural habitat and wildlife and historic site amenities; with minimum disruption to the natural features and amenities of the property. b) "Improvements" shall have minimal impact on the natural environment, wildlife, key view corridors, and historical amenities ofthe Conservation Area. c) Consider relationship to the overall area wide (present and future) circulation system: pedestrian, bicycle, vehicular and (possible) shuttle system. d) Consider relationship and connections to: the Stanley Hotel complex and its on-site circulation system, Stanley Village and its newly improved pedestrian way, the Riverwalk and Bond Park. e) Consider providing for gathering and lingering at nodes: high point(s), stone ruins, cabin, near wetlands, special viewing locales and preferred meditation sites. 0 Give special consideration to both protecting views and providing access to magnificent views. g) Wheel Chair access. h) Taking advantage of infrastructure that is already in place around the perimeter of the proposed conservation area. i) Costs. Out o f deference to all reasonable suggestions for inclusion into the plan, a location for a small amphitheater and also for weddings were considered, as well as, the location of a life size statue of Enos Mills at the apex of the Knoll. 12 Impact Level - Low The riparian area ofthe Willows consists of a meadow traversed by Black Canyon Creek generally bordered on the interior on the east by contour 7530. The municipal building parking lot, MacGregor Avenue, and U.S. Highway 34 Bypass form the south, west and north boundaries, respectively. Vegetation is altered, likely from early livestock use. Scattered willows border the creek bank with dense stands prevalent to the south. A walking trail for the public along the eastern edge of this zone (Figure 3), roughly paralleling contour 7530, would have the least impact due to the slight grade and because of the disturbed nature of the area. This segment o f any trail for the proposed Knoll-Willows conservation area would most lend itself to a handicap accessible trail. Any disruption to the site from construction or public use is more easily restorable and maintained due to the wetness of the riparian zone and resulting quicker vegetative response. Access from the south could utilize the existing east-west concrete walkway and municipal parking with a constructed small walking bridge creek crossing at an already disturbed site and the narrow altered creek bed near the base of the rocky bluff. Other than the trail itself, physical improvements/facilities should be limited to a few sitting-benches, discrete signing to explain features of the area, and constructed barriers to protect the vulnerable Birch Log Cabin Site. Natural Barriers, such as the steep bluffbelow the Birch Stone Ruin, should be incorporated whenever possible. The historic structures are within Extreme Impact Level zones and the public should be carefully routed. View points and vistas from the trail in this Low Impact zone could include: Black Canyon Creek bridge crossing (south trailhead access); Birch Stone Ruins (from below); vertical rocky cliff; tumbling creek site (with sound of creek) for a single bench (ideal meditation site and for feeling within nature); wetland meadow/riparian area; and Birch Cabin Site. Within the Low Impact Level zone, but separated from any walking trail development is the potential for a visitor information kiosk at the extreme southwest corner of the Willows, in Lot 2 Blk 11. A 1 short walkway from the kiosk along the east side ofMacGregor Avenue as a habitat, wildlife and Birch log house viewing trail could accommodate high levels of use by visitors exploring the downtown and bordering area. To ensure use by big game animals (elk and mule deer) important to the viewing public, this walkway should terminate somewhere within Lot 1, aka BIKLE PROP. It would be desirable to have this site developed as handicap accessible and with a small widened area within the aforementioned BIKLE PROP. Information signage, a resting bench, and trash can would be appropriate on the widened area. Restrictions may be necessary during the elk calving period in the spring. Impacts to wildlife use will be lessened by the dense willow screening near the already disturbed site, which is ideal for an information kiosk. 1 Impact Level - Moderate This zone consists of the moderately sloped transition area between the riparian meadow of the Willows and the flatter "top" of the Knoll. The sloped Ponderosa Pine parkland has a mixed shrub and grass/flower understory consisting o f a variety of drier site native plants. The two historic Birch building sites are considered Extreme Impact Leve sites and are located within this zone. 13 Also included is the narrower steep bluff area on the south side of the Knoll which contains sheer rocky cliffs to a very steep mixture ofboulders and rock outcroppings interspersed with grassy- flowered knolls and slopes dominated by native plants. The presence o f rock and more gradually sloped areas makes trail placement easier and less of an erosion risk. The erosion potential is moderate but requires careful trail design and placement to minimize impact to vegetation which is less sensitive to disturbance than the vegetation at the top of the Knoll. Of great concern, is the protection of the two historic sites, Birch Stone Ruins and Birch Log Cabin Site which have been recommended for the Colorado State Register o f Historic Properties through the Colorado Historical Society. Walking trail development up the slope, skirting the west and south perimeters of the knoll must consider natural barriers plus buffers for the two sites, adding constructed barriers with full aesthetic consideration should they be required. There are two options for the start of the trail up the slope from the trail along the Willow's meadow; 1 one north ofthe Birch Cabin Site, the second south of the cabin. The north site would provide the more gradual ascent but, with the riparian trail segment, in essence would surround the cabin site making it more vulnerable to vandalism and/or destruction. Either location should ascend to a view point northeast ofthe Birch Stone Ruins somewhere between the 7590 to 7600 contours (Figure 3). This segment would continue southerly along the 7600 contour to a trail requiring construction above the steep south bluff. This segment would travel easterly to connect with town's existing system of trails near the Highway 34/36 junction. View points and vistas from this moderate impact zone trail from the log house would include: Birch Log House site from above; Ponderosa Pine parkland with a resting/viewing bench appropriately placed; panoramic view of Willows riparian meadow; Birch Stone Ruins; panoramic view of RMNP mountains; Boulder/Rock Outcropping/Grassland; and a magnificent overview of 1 Estes Park's main street corridor. The east end of the proposed highland trail would descend gradually east-southeastward to an entrance-exit at the southeast corner of the properties that is hidden from view in the Bypass 34 right of way. Impact Level - High The more open extensive high ground o f the Knoll contains a diversity o f native plant communities dominated by drier site grasses and fiowers (forbs) and contains more widely scattered Ponderosa Pine and shrub species. This zone with high impact potential generally lies within the 7580 contour on the west and 7560 and 7570 contours on the east. Although relatively flat and having only slight erosion potential, plant communities and certain native plant species are highly sensitive to trampling and are vulnerable to degradation or loss. Restoration of species lost because o f disturbance would be difficult and costly, the re-establishment of some species likely not possible due to untested restoration techniques. The absence of trails and general use by the public within this zone will ensure that the construction disturbance and off trail trespass by visiting public will be absent. Thus, the views from the Stanley Hotel would be protected as well as views from the Stanley Village and westbound traffic on 1 Highway 36. This should not preclude the use of the Knoll site for education, research and scientific field study by schools, institutions of higher learning, or bonafide researchers. The city or its designee organization should provide oversight to regulate the education use to minimize the threat of permanent damage to the vegetation and unique communities there. ' 14 The east end point of the trail would connect directly at the Bypass 34-36 intersection to the present town walkway system: a) westward into the Town core; b) EPURA Riverwalk; c) the walkway to the Holiday Inn; d) Stanley Village and; e) from the west end of Stanley Village into the Stanley Historic District. There are no views from the High Impact Level Knoll zone that would not be available from this Moderate Impact Level zone trail. Impact Level - Extreme As previously incorporated into the discussions o f the three impact levels, Low (Least), Moderate, and High, the two historic structures are highly vulnerable to destruction and/or defacing. The Birch Stone Ruins and Birch Log House Site and the entire acreage (5.65 acres) of the Willows Wetland Area has been submitted to the Colorado Historical Society for consideration to be placed on the I Colorado State Register o f Historic Properties. An old rock-bordered access road leading to the cabin site also has historic significance which would require special consideration for protection. The general visiting public should be excluded from the historic sites whether they are designated or not, to include a designated buffer around each site. Allowing public closer to the structures would require increased surveillance and enforcement/protection efforts. The walking trail in the area of the structures should be designed to utilize as many natural barriers as possible to discourage unauthorized use o f the valuable historic sites. Where natural barriers are limited, constructed barriers can be placed with full consideration given to the naturalness and aesthetics o f the entire conservation area. Stabilization studies would need to be completed and action taken before the public would be admitted. The entire trail system as outlined above would be located precisely to obviate as much visual impact as possible on the conserved area. With the objective of low future maintenance costs and environmental impact it is proposed that: a) only benches be used within the Conservation Area (no picnic tables); b) no trash calls present, only outside at the two entranceways. Trash carried in must be carried out; c) no toilet facilities within 1 the conservation area. COSTS: WAYS AND MEANS Regarding the remaining total obligation of $341,678.78 to complete the purchase of the Knoll property; $119,230.12 due by July 30, 2001; $119,230.12 due by July 30, 2002; and $103,210.54 by I July 30,2003; all other properties within the proposed "Estes Park Conservation Area" already owned outright by either the Town or EPURA. According to the lease-purchase contract with Beefit, the owner of the Knoll (9.29 acres) property, the amounts due could be prepaid without penalty. Possible sources for payment of the amount outstanding would, in the first instance, be from Community Reinvestment Fund and other Town sources. With favorable Town-committed action for dedication of the proposed "Conservation Area," outside funding toward the purpose is, in part, likely and in part, at least viable: a) State though County GOCO funds; b) other County (?); c) State historical and other; d) Federal; e) Land Trusts; f) private foundations, specialized conservation groups in addition to land trusts, universities and private 1 15 individuals. Advantageous to procuring both outside technical assistance and funding is the recommended proposition that the "Conservation Area" is for the purposes of conserving natural open space and for historical sites; all for the further purposes of education, research and passive public enjoyment. Wheelchair access, where feasible, is within the plan. Local and state university volunteer involvement with key aspects ofthe project include, for example: a) the local Archaeology Club under professional supervision for all archaeological surface survey; b) the Estes Park Rock Club, working with professional geologist guidance for more detailed geologic research on the properties; c) continuing field research, as has been accomplished to date, by the Knoll-Willows Conservancy; d) Estes Park science class involvement in baseline studies through class projects; e) possible University of Colorado, Colorado State University (and other Colorado Universities) in directed senior paper, masters or Ph.D. thesis field work; etc. Application should be made to the National Park Service Rivers and Trails Program as previously 1 discussed. SUMMARY 1 A financial advantage of the "Plan" to the town is that with the exception of a schedule for making the final payments to complete the purchase of the Knoll (9.29 acres), other costs are discretionary as to the time o f the town budgeting expenditures. A kiosk, outside viewing walkway, historic site stabilization and minor restoration (?), and trail construction do not need to be commenced until the Town has had a reasonable time to derive outside monetary relief for, at least, some part of the project. Trustee action o f approval to the concept and commencement of the dedication process enhances success of the project immeasurably to create a top-quality conservation area, for the purposes. The citizens of the Town, Town Government, the County, State, and Nation will be proud ofthis project ifit is done properly. To address all of the many facets ofthe project successfully current momentum should proceed without delay. That the commitment be "dedication in-perpetuity" is fundamentally good business to the development of a conservation area such as this one. To do otherwise would be to destruct the project from the outset. This valuable resource within the core of Town can be destroyed in a brief period o f time by inappropriate action. The "Conservation Area" with its recommended viewing walkway, kiosk, and single trail system as proposed would be a positive contribution to the present and planned Estes Park and surrounding network of pedestrian walkways and trails. The Conservation Area contributes positively to the present and future Estes Valley Transportation system. Although bicycles, for various reasons, would not be allowed within the conserved area, nothing being done here contravenes any present or future bicycle trails that are even in the realm of futuristic planning (Bob Joseph, trails committee). The Knoll-Willows properties are not viable for Town parking areas of any size, nor do "The People" want such on the properties. The properties connect with a trail system to the present planned walkways, within short pedestrian distances of multiple municipal parking areas and to a planned parking area at the eastern entrance to town off Highway 36. 1 16 Special effort has been made by the project to protect in-perpetuity the valuable view corridors that the Town has previously committed to "no development." The project, when completed and before, is and will be a major economic and social asset to the town and its visitors. 1 1 17 Preview ~ â€¢ Nullinlarize FYI: 2000 Lieneral Fund staills. and compare \\ ith FY}f 1999 . Re\Cnics - E + 1-irpenditures General Fund 1. pdate JukÂ· 24, 3,01 General Fund Update General Fund Update ~ Gen.Â·ral Pund 1]pdate Juk 24 39(.,1 Fines Interest Rent Charges for 0% 7 3% ~ 3% Misc. / 110 services 7 ~ ( 0% 1 \\ Intergovemmen - - -* 1 2,92, tio,?:t K, - tal 27% LTa,cs 59% Licenses & Permits - 6% $5,000,000' I I $4,500,000' gl $4,000000Â»11 $3*000-I El 1 $3,000,000' 11 -21>1 26**i' 21 $1,500,000-1 8 1999 $1000000 i500;000 -/ $0-' ' m.Â£"0*flk 12000 44##ffi~#414 7/7 4 9 54 General Fund Update 2 Culttlm & General recreation-7 r government 7% ./ Capital lease l 27% 1% Public works 1 34% L Public safety 31% $2,500,000-%' :'. $2,000,000-i Â£::~_ Â£3. ..t. $500,000- tr E?'- MWI 1 -r Â· myÂ¥; . 44 4 Â·C, 4 f*. General Fund Update 3 Fwid Bahmee 1-1 $4,000,000-1-St:6'.~IM.5 &*4,%593-Â·Att-Â·.:--4-Â· 73,2 1 .1 ...Â· I.- 11:-r"- 1 $3,000,000 - -- - -1 $2,000,0001 1 F ...= f.1-f, 1 - 1 'Â·Â·C,4 to,000,000 K wi 1 1 8,000,000 -< m Total EN 6,000,000 -I 1 Total Rev 4,000,000 0 Gain Ass) 2,000,000 . 'L_ 14 O Total GF Babre (2,000,000) 446 f y 404 1Â§Â§3 General Fund Update 4 MEMORANDUM To: Honorable Mayor Baudek and Board o f Trustees From: Bob Joseph Date: July 19, 2001 Subject: Lakeshore Lodge Annexation Background: This annexation encompasses the property containing the Lakeshore Lodge. The annexation is pursuant to an agreement between the owners and the Town of Estes Park prior to providing Town water to the new development. The existing zoning is "A"- Accommodations in the County. This zoning should remain in place upon annexation. 2.--%--Gig \ 20/ 911 e \ : f 1 \ l Â¥Ae.Â· e *-f Pl - . LU//////A# I ./1. ' 9. 4 - - ..0-/ / i \ ..1, 3 I I - ' 04:-i,Â·.- \ a / , 1~669~~~--jÂ« . % .~:219* .\\ , Recommendation: Annexation with A-Accommodations zoning. - , 1 - . " â€¢-C--A.4./*---<-/ r 0 ,#./.-2,0/#.w,~-Il.,â€¢~-/4-I--I-.*~5 *~-t... . 1 RESOLUTION NO. 29-01 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as "LAKE ESTES SECOND ADDITION" to the Town of Estes Park is as follows: BEGINNING at the Northwest Section 29, T5N, R72W of the 6th P.M., Larimer County, Colorado, thence South 01Â°19'30" West for a distance of 577.50 feet; thence North 60Â°05'00" East for a distance of 246.00 feet; thence South 61Â°07'00" East for a distance of 112.30 feet; thence South 30Â°54'00" East for a distance of 187.10 feet; thence North 79Â°02'00" East for a distance of 207.90 feet; thence North 12Â°17'00" West for a distance of 155.10 feet; thence North 47Â°15'00" East for a distance of 133.50 feet thence North 36Â°04'00" East for a distance of 203.00 feet; thence North 00Â°00'00" East for a distance of 203.00 feet to a point on the North line of said section; thence North 88Â°23'00" West along said section line for 783.20 feet to the TRUE POINT OF BEGINNING. EXCEPT tract conveyed by deed recorded in Book 1024 at Page 122 County of Larimer, State of Colorado CONTAINING 6.141 ACRES. DATED this 24~h day of July , 2001. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE NO. 10-01 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS LAKE ESTES SECOND ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 7th day of May, 2001 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the 12th day of June, 2001, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annexation plat on Tuesday, July 24 2001 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., on the 24th day of July, 2001. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as LAKE ESTES SECOND ADDITION to the Town of Estes Park, Colorado, is hereby approved: BEGINNING at the Northwest Section 29, T5N, R72W of the 6th P.M., Larimer County, Colorado, thence South 01Â°19'30" West for a distance of 577.50 feet; thence North 60Â°05'00" East for a distance of 246.00 feet; thence South 61Â°07'00" East for a distance of 112.30 feet; thence South 30Â°54'00" East for a distance of 187.10 feet; thence North 79Â°02'00" East for a distance of 207.90 feet; thence North 12Â°17'00" West for a distance of 155.10 feet; thence North 47Â°15'00" East for a distance of 133.50 feet; thence North 36Â°04'00" East for a distance of 203.00 feet; thence North 00Â°00'00" East for a distance of 203.00 feet to a point on the North line of said section; thence North 88Â°23'00" West along said section line for 783.20 feet to the TRUE POINT OF BEGINNING. EXCEPT tract conveyed by deed recorded in Book 1024 at Page 122 County of Larimer, State of Colorado CONTAINING 6.141 ACRES. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. The Lake Estes Second Addition is zoned A-Accommodations. Section 8. The adoption of this Ordinance is hereby declared an emergency due to the fact that it is necessary to subject this property to the Town's 4% Sales Tax on August 1, 2001; and WHEREAS, in the opinion of the Board of Trustees an emergency exists, this Ordinance shall take effect and be enforced August 1, 2001. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS 24th DAY OF Julv , 2001. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 24~h day of July , 2001 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2001, all as required by the Statutes of the State of Colorado. Town Clerk ~ Estes Police Department Memo To: Honorable Mayor Baudek Board of Trustees From: Lowell C. Richardson, Chief of Police Date: July 18, 2001 Re: Park Usage Rules and Regulations Background: We have been responding to calls of juveniles congregating within the confines of Confluence Park and the Riverwalk Plaza on a daily basis negatively impacting the quality of life within this area, this problem exists at varying levels each year. The police have responded to numerous calls by local business owners and citizens concerning the activities of these youth negatively impacting the intended uses of the Riverwalk and sometimes intimidating the visitors. In one specific incident a teen wrote on his chest with black marker vulgar language then walked about the park and plaza displaying the written obscenities to the general public. It is this type of unwanted behavior that creates problematic issues for the police department and the community. The youth who frequent the locations are children living within the Estes Park area and are repeatedly contacted by police officers and community service officers. Activity this year is increased in comparison to recent years past. Budget Minor Printing Costs not to exceed $20.00. Action: Adopt a resolution that specifically addresses unwanted disruptive behavior that impedes the intended uses of town parks and the Riverwalk plaza. By ordinance Estes Park's Town Board has authority to establish specific rules for the use of town owned property enforceable under current Town ordinances. The strategy includes hand serving the new rules to the local youth responsible for the problems occurring. It is not necessary to post signs at each of the parks since we are dealing with a select group of known offenders already identified. 1 RESOLUTION NO. 30-01 WHEREAS, Section 9.02.050 Unlawful Conduct on Public Property of the Municipal Code contains a provision that allows the agency having the power of control, management, or supervision of public property to adopt such rules and regulations as reasonably necessary for the administration, protection, and maintenance of such property; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to adopt Rules and Regulations for Confluence, Bond, Tregent and Peacock Parks located within the Town of Estes Park; and WHEREAS, it is determined by the Board of Trustees of the Town of Estes Park that the following Rules and Regulations are the minimum rules and regulations necessary for the administration, protection and maintenance of park property for the matters set forth in paragraph (a) (1), (2), (3), and (4) of Section 9.02.050 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: 1. The Town of Estes Park Rules and Regulations for Confluence, Bond, Peacock, and Tregent Park, as more fully set forth on Exhibit A attached hereto and incorporated herein by reference, are hereby adopted. 2. The appropriate officials of the Town of Estes Park, including, but not limited to, the Estes Park Police Department, are hereby authorized to enforce the adopted Rules and Regulations including the posting of any necessary signage and/or giving such notice to any person violating the above Rules and Regulations as provided in Section 9.02.050 (b) of the Municipal Code. Adopted this day of , 2001. TOWN OF ESTES PARK Mayor Town Clerk Exhibit "A" PARK USAGE RULES AND REGULATIONS 1. Exclusive usage of any park property is prohibited. Exclusive usage is defined as any person or group of persons who use any park property to the exclusion of all other persons for a period longer than 30 minutes without a special events permit. 2. Obstruction of any walkway is prohibited. 3. The following activities are prohibited: A. The throwing, kicking, tossing, juggling of any objects, including, but not limited to, balls, frisbees, hackey sacks, and other like objects. B. Playing of any musical instrument without a special events permit. C. Use by any person of any rollerblades, rollerskates, bicycles, scooters, or any other like device on park property. 4. Any form of littering is prohibited. 5. Disregarding any lawfully posted sign is prohibited. 6. Blocking any entry way to any business located adjacent to park property is prohibited. A person or group of persons may not block, harass, or otherwise prevent any person or group of persons from using or patronizing any business adjacent to park property. 7. Any infraction of these rules or any other Town of Estes Park ordinance or State law will result in the issuance of a Municipal Court or State Court citation.