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Home My WebLink AboutPACKET Town Board 2001-09-18: 4 1 61/2 1 ..1 4 . Prepared 09/07/01 Revised 09/12/01 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, September 18,2001 (Continued from September 11, 2001) 7:00 p.m. AGENDA PUBLIC COMMENT - TOWN BOARD COMMENTS j 1 74 C ) 3 9 ffy q f 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated August 28, 2001. 0 2. Bills. 3. Committee Minutes: A. Public Safety, September 6, 2001: Police Dept.: 1. Resolution #35-01 - Telephone Exchange/Wireless Communications Access Charges of $.45/each/mo., effective January 1, 2002 (there is no change in the monthly rates). 4. Estes Park Housing Authority, July 11, 2001 (acknowledgment only). 5. Estes Valley Board of Adjustment, September 11, 2001 (acknowledgement only). 6. Estes Valley Planning Commission, August 21, 2001 (acknowledgement only). 7. Liquor Licensing: Official receipt of Complaint issued by the Police Department to Deer Ridge, Inc., dba National Park Village South (COUNTRY SUPERMARKET), 900 Moraine Ave. Resolution #37-01 - Schedule "Show Cause" Hearing for October 9, 2001. 8. Resolution #36-01 - (Insurance Document) Cafeteria Plan Certificate of Adoption (Formalization of previously approved Plan). lA. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek open the Public Hearing(s). If the Town Board, Applicant(s), Staff or the Public wish to speak on a particular item, a formal Public Hearing will be conducted as follows: A. Mayor - Open Public Hearing 1 Contjnued on reverse side . f I B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. SUBDIVISION & ACCESS EASEMENT VACATION. Amended Plat of Lot 3, Rock Acres Subdivision, John Ownby, Jr. & Deborah Ownby McCarty/Applicants (Continued from 8/14/01) - WITHDRAWN BY APPLICANT. 2. SUBDIVISION. Final Plat, Habitat Subdivision for a Portion of Lot 33, Bonnie Brae Subdivision, Habitat for Humanity of Estes Valley, Inc./Applicant. 2. ACTION ITEMS: 1. REZONING, PRELIMINARY PLAT AND FINAL PLAT - PARK RIVER WEST, TRACT 5, BEAVER POINT, FIRST ADDITION, RICHARD H. WILLE TRUST/APPLICANT. A Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 2. KNOLL-WILLOWS CONSERVANCY GROUP - STAFF RESPONSE/RECOMMENDATION. Town Administrator Widmer. 3. BOARD ROOM REMODELING PROJECT - PRESENTATION (No action required at this time). Town Administrator Widmer and Roger Thorp/Thorp Associates. 4. INTERGOVERNMENTAL AGREEMENT BETWEEN THE ESTES VALLEY RECREATION & PARK DISTRICT AND THE TOWN FOR THE EVENTS CENTER/ICE RINK - APPROVAL. Town Administrator Widmer. 5. 2000 CENSUS REPORT - PRESENTATION. Community Development Director Joseph. 6. REVISION TO THE ELECTRONIC MEDIA ACCESS POLICY TO INCLUDE TOWN WEBSITE "LINKING" POLICY- APPROVAL. Town Administrator Widmer. 7. TOWN ADMINISTRATOR'S REPORT. 8. ADJOURN. 2 1 1 RESOLUTION NO. 38-01 WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by terrorists; and WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, DC; and WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers and crew of the four aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders; and WHEREAS, these horrendous acts were by far the deadliest terrorist attacks every launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve; and WHEREAS, these horrific events have affected all Americans, it is important that we carry-on with the regular activities of our lives. Terrorism cannot be allowed to break the spirit of the American people and the best way to show these terrorists that they have truly failed is for the people of the United States and their municipalities to stand tall and proud. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO hereby condemns the atrocious and deadly actions of these terrorists. BE IT FURTHER RESOLVED, that the BOARD OF TRUSTEES hereby supports the President of the United States as he works with his National Security Team to defend against additional attacks, and find the perpetrators to bring them to justice. BE IT FURTHER RESOLVED, that the BOARD OF TRUSTEES recommends that its citizens support relief efforts in any way appropriate to them, and to consider contacting the nearest blood donation center to schedule an appointment for a blood donation. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this 18'h day of September , 2001. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk Town of Estes Park, Larimer County, Colorado, 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 28th day of August, 2001. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark. G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Regarding the recent adoption of Park Regulations, Trustee Habecker stated that enforcement should be heightened on cigarette smoking, speeding and noise, Comments were also heard concerning the Chamber of Commerce; with Trustee Habecker stating the Town should research assuming all Chamber functions. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated August 14, 2001. 2. Bills. 3. Committee Minutes: A. Community Development, August 23, 2001: 1. Special Events a. Summer Rodeo Series Concept Approval; funding pending. b. Estes Cycling Challenge, Approval of June 12-14, 2002 date; funding request pending. c. Resolution #33-01 - Annual Sidewalk Sale Days, October 6 & 7, 2001. 3. CommunitY Development a. Budgeted Vehicle Purchase. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. Board of Trustees - August 28, 2001 - Page 2 2. ACTION ITEMS: 1. BUREAU OF RECLAMATION (B.O.R.), EASTERN COLORADO AREA OFFICE - CBT (Colorado Big Thompson) OPERATIONS AT LAKE ESTES - BRIEFING. Town Administrator Widmer introduced Kara Lamb/Public Information Coordinator, and Bill Harlan/Hydrologist with the B.O.R., who presented a PowerPoint program on the CBT Project, and how the Project affects Lake Estes lake levels. Mr. Harlan confirmed that 750 ac. ft. of water is typically maintained in Lake Estes, depending upon the season, maintenance work, and drought conditions, and Ms. Lamb confirmed that the B.O.R. has a Safety of Dams Program where all of their dams are monitored rigorously. B.O.R. brochures were made available for distribution. Mayor Baudek expressed the Board's appreciation for the presentation. 2. CONSIDERATION OF SITE FOR "ENOS MILLS & SCOTCH" SCULPTURE - PRESENTATION BY ART CENTER OF ESTES PARK. Bill Pinkham/Art Center President, and Pauline Bustamonte/Art Center Coordinator reviewed the Center's mission, and reported that as a tribute to Enos Mills, and in support of public art and local artists, the Art Center & Gallery has partnered with Bonnie Fulford to promote a testimonial to Mills' life and accomplishments. The sculpture would reflect Estes Park's history, values, and caring for the environment for future generations to enjoy. Marketing, project funding, and site placement (preferably at the Visitors Center) were reviewed. Mr. Pinkham confirmed that a commitment on the site is needed as soon as possible, adding that landscaping should most likely bd a part of this . project. Additionally, the Center would appreciate information on how the ' Samson Sculpture Project was managed with the Town relative to financing/funding. Mayor Baudek expressed the Board's appreciation for the presentation. 3. WEST CORRIDOR MASTER PLAN DOCUMENT - PRESENTATION BY EPURA.Â· EPURA Chairman Putney and Exec. Dir. Smith presented copies of the West Corridor Master Plan. The Plan Document is a tool for decision- making, priority setting and implementation. Highlights include the following: â€¢ Highest priority project â€¢ Culmination of a year's work â€¢ Incorporates maximum public input â€¢ Breaks-down into roughly a dozen pieces â€¢ Plan shows from 2-4 options for each phase â€¢ Highest priority items: gas station redevelopment, Wiest Parking improvement, and Performance Park. 4. ORDINANCE #11-01 AMENDING THE MUNICIPAL CODE TO INCORPORATE CURRENT REFERENCES TO THE ESTES VALLEY DEVELOPMENT CODE. Community Development Dir. Joseph explained the proposed "housekeeping" revisions to various sections of the Municipal Code, confirming that only reference changes are being proposed-the Ordinance does not contain new regulations. Discussion followed on horse permits pertaining to acreage limitations, and zoning designation distinctions between RE and RE-1. It was moved and seconded (Doylen/Barker) Ordinance #11-01 be approved, and it passed unanimously. 5, PUBLIC HEARING: LOT 8A SUMMERVILLA ADDITION ANNEXATION. Mayor Baudek opened the public hearing, and Community Development Dir. Joseph presented the staff report. The site includes 2.83 acres located off of Riverside Dr., is currently zoned E-1 Estate in the County, and has one single-family residence located on the western portion of the site. In the future, the owner may propose subdividing and rezoning this properly to RM and E-Estate. Town Attorney White read Resolution #34-01 and Ordinance Board of Trustees - August 28, 2001 - Page 3 #12-01. Mike Todd/Cornerstone Engineering was present and represented the Applicant. There being no further testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Newsom/Gillette) Resolution #34-01, and Ordinance #12-01 for Lot 8A Summervilla Addition be approved, and it passed unanimously. 6. WILDFIRE RIDGE DEVELOPMENT AGREEMENT - REQUEST FOR TIME EXTENSION UNDER DEVELOPMENT PLAN 98-02. Community Development Dir. Joseph reviewed this development noting that the existing Development Agreement contains an expiration date of 9/08/01. Infrastructure improvements (utilities and rough-graded road) have been installed, and the owner is negotiating with the Estes Park Housing Authority for sale of the site thal would allow the project to continue as previously approved. Thus, the owner is requesting a 60-day extension of the vesting and Agreement. Staff confirmed that their recommendation for approval would remain so with or without the connection to the EPHA. Ron Gordon/investor and representative of all investors, confirmed this issue will be resolved within 60 days. It was moved and seconded (Doylen/Gillette) the 60-day time extension for the Wildfire Ridge Development Agreement be approved, with the expiration date being extended through November 7,2001, and it passed unanimously. 7. LOCAL PURCHASING POLICY: 1) DISCUSSION OF EXISTING POLICY AND 2) POTENTIAL AWARD OF VEHICLE BID FOR MUSEUM DEPT. (1) Ass't. Town Administrator Repola reported that the Community Development Committee requested the Town Board review the existing local purchasing policy where the Town may provide a 2% local purchasing advantage for equipment, supplies, and services up to $25,000. Research has since verified that of the ten vehicles purchased in 2000, nine were purchased from the Estes Park Auto Mall. Discussion followed on competition, confirmation of a trend that non-resident dealers are hesitant to bid due to the 2% allowance, how local businesses employ Estes Park citizens, collect sales tax and support the community, economic model relative to the conference center, trade-in values, and the Town Board's fiscal responsibility. Consensus was reached to include the Local Purchasing Policy in a future Town Board Study Session. (2) It was moved and seconded (Habecker/Gillette) the bid in the amount of $21,560 for a 2002 Ford Mini-Van be awarded to Burt's Arapahoe Ford, and it passed unanimously, Trustee Doylen added that although this vehicle was budgeted by the Museum Dept., the van will be a multi-purpose vehicle, for use by all departments. 8. AGREEMENT WITH LYNN UTZMAN-NICHOLS, FREELANCE WRITER FOR TOWN NEWSLETTER, Trustee Doylen declared a conflict of interest and stated she would not participate in discussion nor vote. Assistant Town Administrator Repola stated the Town Board's 2000-2002 Goals included development and implementation of a comprehensive public information program. Following a six-month planning process, the Team (Trustees Newsom, Jeffrey-Clark and staff members Kilsdonk, Marsh, O'Connor and Repola) interviewed three candidates and, based on qualifications and experience, selected Lynn Utzman-Nichols/Newsletters, etc. Production costs are $22,625 for six editions: mailing costs for six issues is $4,6801, thus the total project cost for six editions is $27,305Â£ The 2001 Budget contains $35,000 for public information; the 2002 Budget contains $15,000, therefore, an adjustment will be necessary in 2002 to meet postage costs. Newsletters, etc. prepares newsletters for the Estes Park Medical Center, and various other entities. Costs are not-to-exceed amounts. Board of Trustees - August 28, 2001 - Page 4 Trustee comments/concerns are summarized as follows: as a non-resident firm does not have an Estes Park link, it may be difficult to prepare articles: confirmation that Newsletters, etc. is coordinating the printing work with a non-resident company; dismay that the Town could not assist a local business to develop expertise in this field; and confirmation that the recommendation was, in part, based on professionalism and how the business meUexceeded the Town's requirements. Responding to a question from Patrick Cipolla, Mayor Baudek confirmed the goal E to provide news-worthy information to the citizens, and free-lance articles will not be included. Staff clarified why the newsletter is 6eing mailed in lieu of being included in the utility bill, and the newsletter is part of the Board's greater goal of communicating with their citizens. Cdncluding all discussion, it was moved and seconded (Jeffrey-Clark/Newsom) the Agreement with Newsletters, etc. be approved and it passed with Trustee Doylen Abstaining. 9. APPOINTMENT OF TRUSTEE BARKER TO COLORADO MUNICIPAL LEAGUE POLICY COMMITTEE FOR 2001-2002. Mayor Baudek announced the appointment of Trustee Barker to the CML Policy Committee for 2001- 2002 and, having obtained consensus, Trustee Barker was so appointed. 10. TOWN ADMINISTRATOR'S REPORT. A. Estes Park Knoll-Willows Conservancy. At the 7/24/01 Town Board meeting, the Estes Park Knoll-Willows Conservancy Group presented a Master Plan and requested the Town adopt same. Town Administrator Widmer confirmed that Town staff expects to have a response to the Conservancy Group request at the Town Board meeting scheduled 9/11/01. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 9:11 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk DRADFORDPUBLIS~ING.CO. RECORD OF PROCEEDINGS Town o f Estes Park, Larimer County, Colorado, September 6, 2001 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 6th day of September, 2001. Committee: Chairman Gillette, Trustees Jeffrey-Clark, Newsom Attending: Trustee Jeffrey-Clark Also Attending: Town Administrator Widmer, Police Chief Richardson, Fire Chief Dorman, Clerk O'Connor Absent: Chairman Gillette, Trustee Newsom Trustee Jeffrey-Clark called the meeting to order at 7:30 a.m. POLICE DEPARTMENT. Volunteer Unit Program - Executive Summary. In a memo dated August 22, 2001, an overview was presented on the 2001 Citizens Police Academy (currently 11 members). These volunteers were trained in Traffic Control and Radio Usage, and future training could include CPIUFirst Aid. The Unit assisted in eight special events between June 16 through August 14, and they are scheduled to assist with four additional special events through November 23rd Chief Richardson clarified deployment of the Unit, program goals, , minimum budget impact, and the Department's desire to continue the Program. A question and answer period followed concerning individual background checks, observation duties in marked vehicles (future), and the positive impact on overtime expenses. Volunteers are not armed, and they are trained not to take direct action. Pending clarification on liability, volunteer unit identities (possibly to include their attendance at the October meeting), whether any volunteers are assigned to the Schools on a rotating basis, and procedure on recruiting additional volunteers, no further action was taken pending additional information at the October Committee meeting. EVRPD Dog Park - Solicitation of Comments on proposed sites. The District is proposing four sites for a Dog Park: Wapiti Meadow behind Ricker Bartlett Co., Wapiti Meadow Active Recreation Area, Stanley Park Fish Creek Arm, and Fish Creek Arm Natural Area. The District also submitted suggested regulations. Animal Control Officer Mary Thacker responded to the District's inquiry, and, in summary, she supported the proposed Dog Park at the Stanley Park Fish Creek Arm location, as this site would have the least impact on the wildlife (reviewed/supported by DOW Officer Spowart). The Lions Club may also be interested in assisting on this project. Two of the proposed sites are located on Town property, and if selected, it would require Town Board approval. Minimal expense is expected for fencing and a waste removal dispenser/collection bin. The Committee recommends support of the EVRPD Dog Park proposal as presented. Dispatch Remodeling Project - Request Authorization to Bid. Dispatch is requesting remodeling of current space based on existing and future needs pertaining to personnel, and relocation of electronic equipment from the basement into their area. This project was previously planned in two phases with $70,000 (electrical upgrades, relocation of the equipment and walls, new carpeting and lighting) budgeted in 2001 and $125,000 in 2002 (radio upgrade and additional radio position). Budget adjustments are necessary as staff is seeking approval to complete the Project in 2001. A savings of $18,000 could be realized if funds are adjusted in 2001. Staff anticipates a construction timeframe of 2% months; Public Works Director added that an additional $10,000 was budgeted in 2001 for panic button hardwire installation for the Finance, Public Works, Administration and Police Dept. offices that would send a alarm directly to Dispatch, and this project should be , BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee - September 6, 2001 - Page 2 included in the Dispatch Remodeling Project. The Committee recommends staff be authorized to request bids for the Dispatch Remodeling Project, to include the panic button installations, returning to the Committee with the bid results in October. LETA - Approval of Resolution. Annually, the Larimer Emergency Telephone Authority requests formal approval of the 911 surcharges. The fee of $.45#mo./exchange charge remains the 'same. Communications Supr. Bartram noted that the proposed telephone upgrade included in the Dispatch Remodeling Project is being funded ($170,000) by LETA. The Committee recommends approval of the Resolution as presented. Street Closure Request - Longs Peak Scottish Festival. The Festival has again requested that Community Dr. from Hwy. 36 to Manfofd Ave. be closed, to include a one- way on Manford Ave. from Community Dr. or Woodstock Dr., and no right turns onto Manford Ave. at Community Dr. or Woodstock. The Commends approval of the street closure request, effective Friday, September 7, 2001. REPORTS. Chief Richardson reported on a recent Youth Center Board Meeting, and that the Dept. intends to take an active role on Youth Center-the Board is considering changing their Bylaws to include Police Department representative as a voting member. The Colorado Crime Prevention Conference is being held in Estes Park, and Chief Richardson will be a guest speaker. The speech will be on "Crime Prevention in Communities under 10,000." Strategic Plan Presentation. Chief Richardson presented .the Police Department's proposed Strategic Plan that includes a 10-step process that requires a shared vision by all personnel within the organization, beginning with the Town Board's vision for the community. Annual review and adoption is included. No further action was taken at this time. The Department is working on a draft MOU between the Park School Dist. and the Police Department that outlines how the Department's direct liaison (Cpl. Rose) operates with the School.. Annual Chiefs Golf Tournament. This tournament, which was originated 15 years ago by former Chief Racine: is the most popular such event in the State. A field of 124 participated, and, for first time, an Estes Park Police Department team (Kinney, Rose, Swallow and van Deutekom) placed in the top three. FIRE DEPARTMENT. Annual Labor Day Craft Fair- Update. This was the lgth year of this major fundraiser for the Fire Dept. Approximately $9,974 was donated to MDA from the "Fill a Boot Campaign", with the Dept. collect approximately $27,000. These funds help pay for equipment, etc. The Department's other major fundraiser, the Annual Fund Drive, is conducted every two years-the next Drive is in 2002. There being no further business, Trustee Jeffrey-Clark adjourned the meeting at 8:17 a.m. u l.+L O -tau.Â·41AJ Vickie O'Connor, CMC, Town Clerk RESOLUTION NO. 35-01 BEING A RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE ACCESS FACILITY CHARGE AND A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY EFFECTIVE JANUARY 1,2002. WHEREAS, the Larimer Emergency Telephone Authority was created pursuant to Â§ 29-11-101, etseq., C.R.S., by an Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency Telephone Service, dated November 14, 1990, between certain governmental entities located in Larimer County, Colorado; and WHEREAS, pursuant to the aforesaid statutory authority and by resolution of the Town of Estes Park on May 8, 1990, and Ordinance No. 4-98 properly adopted by the Board of Trustees on February 10, 1998, the Board of Trustees is authorized to raise, lower, or reestablish a telephone exchange access facility charge and a wireless communications access charge to be assessed telephone (wireline and wireless) service users in the Town of Estes Park; and WHEREAS, the Board ofTrustees deems that reestablishing thetelephone exchange access facility charge at the rate of forty-five cents ($.45) per month and the wireless communications access charge at the rate of forty-five cents ($.45) per month is necessary and appropriate to adequately fund emergency telephone services in the Town of Estes Park; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, AS FOLLOWS: 1. Commencing on January 1, 2002, the telephone exchange access facility charge and the wireless communications access charge shall each be reestablished at forty-five cents ($.45) per month per exchange access facility or per wireless conununications access. 2. Telephone service suppliers providing telephone service in the Town of Estes Park are authorized to collect the telephone exchange access facility charge in accordance with Â§ 29-11-101, et seq., C.R.S. 3. Wireless telephone service suppliers providing wireless telephone service in the Town of Estes Park are authorized to collect the wireless communications access charge in accordance with Â§ 29-11-100.5, et seq., C.R.S. t Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this day of , 2001. TOWN OF ESTES PARK, COLORADO By Mayor ATTEST: Town Clerk Estes Park Housing Authority (EPHA) Board Meeting I)ate: July 11, 2001 Members Present: Eric Blackhurst, Sue Doylen, Lee Kundtz, Louise Olson, & Karla Porter Members Absent: Staff Present: Sam Betters, Carolyn Coffelt, & Jean Michaelson Others Present: Guests: Norm Carver, Jay Gentile, Rita Kurelja, & Michelle Johnson The July 11th meeting of the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:35 a.m. in the Board Room of the Municipal Building of the Town of Estes Park. APPROVAL OF MINUTES Sue Doylen asked if anyone had any changes, comments, or questions to the June 13th minutes. Lee Kundtz moved to approve the minutes as submitted, and Karla Porter seconded. Minutes approved. CLEAVE STREET Cleave Street has a remaining balance of $21,807.52. This balance will be split between operating and maintenance reserves. Still to come out of maintenance reserves is $6,450 for repairs of stairs, boiler room, panic bar, and exterior painting, and $2,500 out of Operating for management dues to Housing Authority City of Loveland (HACOL). This leaves a remaining balance between operating and maintenance reserves of $12,857.52. Two saving accounts will be opened for operating and maintenance reserves which will then transfer into a checking account in which Ponderosa Realty, property management company, can pay the bills. A Tenant Rent Report was distributed. There are still three units to be rented. One should be rented shortly, and there are several applicants to review for the other two. Profit and Loss Income and Expense statement reflects a net income of $658.77 for the month of June. Colorado Division of Housing is coming next week to conduct an audit. Because of their funding, we can only do one-year leases for Cleave Street. A retail store in which the backside of the business in on Cleave Street, has been approved for an additional story which totals to three. Their intentions are to use the third fioor for employee housing. COMMITTEE REPORTS REGULATORY No report. LAND Discussion held for Executive Session. PROGRAM & FINANCIAL See section on Cleave Street. EDUCATION & SUPPORT Louise Olson and Lee Kundtz will do a presentation to Crossroads next week. DEVELOPMENT & RETENTION Discussion held for Executive Session. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS EPHA July Board Minutes - Page I of 1 Rural Housing Forum A presentation was held in Estes by USDA Rural Development in June. Over 40 people attended which included some lenders, 12 realtors, and 23 general public. Thirty-one applications were handed out, and 20 were sent in to Rural Housing. Six applications were processed and three look very good. USDA will place applicants on a two-year waiting list, but because of the overwhelming response, they will see if we can retain the funds through September. Jean Michaelson will know more next week. Fair Housing Information Jean Michaelson received information from HUD, Neighbor to Neighbor, Colorado Legal Service, and First Call on fair housing and other informative issues for tenants. Plastic brochure racks have been placed outside of EPHA's office to make this information available to the public. There is some information in Spanish as well. Estes Valley Multicultural Connections (EVMC) Louise Olson indicated that this is a newly incorporated entity, which will help people to become integrated into the community, and will be related to housing as well. They have applied for their employer I.D., filed for a 501(C)3, and will hire a fulltime director. EVMC will help those that speak languages other than English. Budgets April and May financials were distributed. New budget figures will have to be inputted based on the recent meeting with the Town Council, so next month you will see new numbers. This budget is doing fine, but all will be changed by the next meeting. Sam Betters also submitted the billing for April and May which totaled to $12,011.53. There are a few changes reflected in this billing. Sam Betters' fee went from $50 to $55/hr., and Carolyn Coffelt's from $20 to 22/hr., which was approved previously as well. Jean Michaelson has elected to stay at 26/hrs. a week vs. 30. She had accumulated some time prior to this, and Sam elected to pay her which represents $3106.57. Jean Michaelson is exempt now, and not eligible for over time. In the past, she was allowed compensatory time, but this changed July 1, 2001. Based on the personnel policies in Loveland, exempt staff cannot accumulate compensatory time anymore. Sam Betters has indicated to Jean that if she works over 26, that his preference is to pay her not to exceed 30/hrs. a week. The Board accepted the billing and agreed with the payment for hours worked. ADJOURN Sue Doylen entertained a motion to go into Executive Session. The Board meeting adjourned at 9:15 a. m. Â® Respectfully submitted, Carolyn J. Coffelt Assistant to the HACOL Director EPHA July Board Minutes - Page 2 of 2 ....FOROPUILIS.ING.0. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment September 11, 2001, 8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Ball, Lamy, Newsom, and Sager Also Attending: Town Attorney White, Director Joseph and Recording Secretary Wheatley Absent: None Chair Barker called the meeting to order at 8:05 a.m. 1. CONSENT AGENDA a. The minutes of the August 7, 2001, meeting were accepted as presented. 2. 970 EAST LANE; LOT 48, STANLEY HEIGHTS SUBDIVISION, APPLICANTS: LARRY & DONNA COULSON - APPEAL STAFF DETERMINATION OF A SEPARATE LEGAL LOT Town Attorney White announced that this was a continuation of a hearing from the August 7, 2001, meeting. Chair Barker who was absent at that meeting has listened to the tape from the August 7, 2001, meeting. Director Joseph reviewed the main points of the prior staff report. No new additional information was added. Larry Coulson, applicant, gave a brief review of their appeal. Member Lamy commented that the new house appeared to be in a view corridor. Mr. Coulson advised that the neighbors were here at the last meeting to confirm that their views were not impacted. John Phipps, attorney for the Coulsons, reviewed the legal points and cited sections of the EVDC which supported their appeal. Member Newsom inquired of the Town Attorney regarding the legal status of Al Kadera as an employee of the County Planning Office since Mr. Kadera had advised this was a legal lot. Mr. White advised that a legal non-conforming lot would still allow for a single family residence. It is staff's opinion that the portion of Lot 47 and Lot 48 have been considered one lot since its division and the portion of Lot 47 does not meet the definition of a "legal lot." Based on the current zoning, there is not sufficient property for Mr. Coulson to subdivide the property into two lots, Mr. Coulson pointed out that the exhibit showing the plat of the subdivision indicates a lot line between the two lots, Town Staff maps do not show the interior lot line. Director Joseph advised it was staff's opinion that when Lot 47 was divided, an additional building lot was not created. It only reduced the size of Lot 47 and increased the size of Lot 48. Staff believes the intent was a lot line adjustment at the time Lot 47 was divided. DRAD,OROPUBL,swING.O. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 11, 2001 Page 2 Public Comment: None. It was moved and seconded (Sager/Newsom) to deny the appeal to staff's interpretation. The motion passed. Those voting "yes": Lamy, Newsom, Sager. Those voting "no": Ball, Barker. 3. LOT 72, BLOCK 1, LITTLE VALLEY 2ND FILING: TBD HUMMINGBIRD DRIVE. APPLICANT: MICHAEL & PHYLLIS COURTNEY - SETBACK VARIANCE REQUEST Director Joseph advised that this request has been continued to the October meeting. It was moved and seconded (Sager/Lamy) to continue the variance request to the October 2, 2001 meeting. Motion passed unanimously. 4. 1510 FLOWER LANE: PORTION OF THE SE M OF SECTION 31, T5N, R72W, APPLICANT: DELL&SHARON BABBITT-SETBACKVARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Director Joseph reviewed the staff report. The applicant is requesting a variance to allow for a setback variance of 23 feet. The lot is 2.05 acres which is undersized for this "RE" Rural Estate zoning district. The buildable area for an attached garage and hobby room on this lot is limited. Building is restricted tothe north by relatively steep slopes and to the south by a drainage swale. Due to the narrowness of the lot where the house is located, extending to the west or east would require a variance. A greater variance would be required to extend to the west than to the east. The proposed single story addition is relatively small, adding a total of 968 square feet of ground floor area to the house. If the proposed addition were built in a style that is compatible with the existing homes in the area, this would help mitigate any potential impact on the character of the neighborhood. The location of the existing garage in relation to Flower Lane makes it unsafe for use as a garage. The property owner should contact Candace Phippen to address her comments in the august 28,2001 staff report concerning a change of use permit and property taxes. Director Joseph noted that the neighbors to the east advised by phone that they did not have any disagreement with the request. Dell Babbitt, applicant, reviewed their request. They wish to have the garage and house on one level. The old garage would be used strictly for a shop and not a garage. They have had discussions with the neighbors, the Groves, regarding straightening out the boundary line between the two properties. Director Joseph advised that Candace Phippen's memo is informational and does not need to be included as part of the motion. Public Comment: None. Based on staff findings, it was moved and seconded (Newsom/Ball) to approve a side yard property line setback of 27 feet as opposed to 50 feet as required in the RE zoning district with the following conditions. Motion ,. BRA'FOROPU'LISHI'SCO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 11, 2001 Page 3 passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. The property owner shall provide a setback certificate by a registered land surveyor for the side yard setback. 2. The property owner shall dedicate a utility easement for the existing power lines. 3. The property owner shall not use the existing single car garage as a garage. 5. 1269 CHASM DRIVE: LOT 3, McCREERY SUBDIVISION, APPLICANT: WILLIAM "BIFF" BAIRD- SETBACK VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Director Joseph reviewed the staff report. The applicant wishes to deviate from the mandated 50-foot side yard setback for the construction of a new two-story single-family residence and deck. The proposed new residence would extend 25 feet into the 50-foot side yard setback and the proposed deck would extend an additional nine feet, for a total of 34 feet. The lot is undersized for the zoning district. The minimum lot size for the RE-1 is 10 acres and this lot is only 1.7 acres. The buildable area on this undersized lot is limited due to rock formations and trees. This is a request for a 34-foot variance from the 50-foot side yard setback, which is substantial. The essential character of the neighborhood may be substantially altered and adjoining property owners may suffer a substantial detriment as a result of the variance. The proposed house and deck is 16 feet closer to the property line than the existing house. Neighbors have not contacted staff to comment on this proposal. The variance, if granted, may not offer the least deviation from the regulations that will afford relief. The applicant has not demonstrated hardship that would warrant granting the full 34-foot variance. Based on the information the applicant provided to staff, there is potential to build on the south portion of the lot within the setbacks and limited potential to build on the west portion within the setbacks. While, as noted bythe applicant, building to the south will require removal of three trees, building to the east, as proposed, will require the removal of at least three trees. Since this lot more closely meets the minimum lot size for the E-1 Estate zoning district, a 25-foot setback, as required in the E-1 district could be justified. William "Biff" Baird, applicant, reviewed his request. The existing house has water damage, foundation and wiring do not meet code, and several other issues make it more feasible to tear down the old cabin and rebuild. The proposed deck is actually a sleeping porch and has a roof over it. To reverse the layout would require additional variance for a separate entrance to the home office. Minimizing the site disturbance is a priority. Lap siding and asphalt shingles will be used in keeping with the character of the neighborhood. He has met several times with the nearest neighbor, Pollyann Baird, and reviewed the location of the proposed construction. She has not made any negative comment. Moving closer to the road would require removing substantial vegetation and would make the house more visible to the neighbors across the road. The location of the septic and water line also limits the location of the new building. Reducing the variance to 25 feet would create serious hardship to fit in the house and reduce the amount of site disturbance. Mr. Baird answered questions from the Board. The rock outcropping below the house also creates a difficulty in moving the house. The view toward Lake Estes would also be lost if the house were moved to the south. BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Estes Valley Board of Adjustment September 11, 2001 Page 4 Public Comment: , None. Board Member Ball left the meeting at 9:23 a.m. Based on the narrowness of the lot and the fact that the location of the house further to the south would be more obtrusive to the neighborhood, it was moved and seconded (Newsom/Sager) to approve a side yard property line setback of 16 feet as opposed to a 50 foot setback as required in the RE-1 zoning district with the following condition. Motion passed unanimously with one absent. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. The property owner shall provide a setback certificate by a registered land surveyor for the side yard setback. 6. REPORTS It was suggested by Member Sager that a sign be placed on the subject properties as done in the County to identify the sites with variance requests. Chair Barker suggested making it more definitive as a Code revision. Director Joseph advised that staff would look into creating some signs. There being no further business, Chair Barker adjourned the meeting at 9:36 a.m. Jeff Barker, Chair Meribeth Wheatley, Recording Secretary BRADFORD PUB LISHING Co. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission August 21, 2001, 1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Joyce Kitchen, Commissioners Wendell Amos, DeeDee Hampton, Ed McKinney, Cherie Pettyjohn, Edward Pohl, and Dominick Taddonio Attending: Chair Kitchen, Commissioners Amos, McKinney, Pettyjohn, Pohl, and Taddonio Also Attending: Town Board Liaison Habecker, Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcolt and Recording Secretary Wheatley Absent: Commissioner Hampton Chair Kitchen called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated July 17, 2001. b. Development Plan 01-11, Estes Park Kingdom Hall, Lot 5, Block 3, Lone Pine Acres (per Staff recommendations and conditions). It was moved and seconded (Amos/Pettyjohn) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. PUBLIC COMMENT a. Judy Lamy, member of the Estes Valley Board of Adjustment, made an apology for some confusion regardjng her vote during a Board of Adjustment meeting. b. Larry Coulson, 970 East Lane, spoke in opposition to staff's determination of his separate lot status and invited Commissioners to attend the next Board of Adjustment meeting. c. Jean Smith, 2334 Highway 66, owner and operator of a small rental accommodation business, spoke in opposition of short term rentals of condominiums and the inequity with commercial businesses. Town Attorney White advised Ms. Smith that it would be more appropriate to make her presentation to the Town Board and County Commissioners, as they are the policy-making bodies rather than the Planning Commission. The "residentiaUcommercial" designation affecting property taxes is also determined by the County Assessor. 3. PRELIMINARY PLAT AND DEVELOPMENT PLAN 01-08. PARK RIVER WEST, TRACT 5, BEAVER POINT FIRST ADDITION, Applicant: Richard H. Wille Trust. Bill Van Horn was present representing the applicant. The applicant is generally in agreement with the staff conditions of approval. The requirement for a Setback Certificate on the western boundary seems unnecessary. The tree issues along the river are minor and can be handled with staff. Director Joseph reviewed the revised submittal and staff recommendations. Mr. Van Horn asked for the option to remove a few selected trees from along the river with approval from a registered arborist. Mr. Van Horn responded to questions from the Commission regarding the conversion of the cul de sac to a through street to the properly to the west at the time of their development. Public Comment: Ralph Nicholas asked for clarification of the requirement for an engineer's setback certificate on the east and not on the west. The distance between the buildings and the western eMAC~On'PUBLISHING.0. RECORD OF PROCEEDINGS Estes Valley Planning Commission - August 21, 2001 Page 2 property line is sufficient enough to assure appropriate setbacks are met. Director Joseph acknowledged Mr. Simonson's letter dated July 17, 2001. Mr. Van Horn advised that the tree report would be provided if required. An arborist from Rocky Mountain National Park has advised that some trees should be thinned from the river area. Concerns of the neighbors across the river were acknowledged. Tree relocation could be limited to those trees that have been noted on the landscaping plan and marked in the field. The Code does allow for removing dead and unhealthy vegetation. It was moved and seconded (Amos/Pettyjohn) to recommend approval to the Town Board of Trustees of the Preliminary Plat of Park River West Subdivision subject to the approval of the Development Plan, and it passed unanimously with one absent. It was moved and seconded (Amos/McKinney) to approve the Development Plan of Park River West Subdivision with the following conditions, and It passed unanimously with one absent. 1. Building permit applications shall include, in addition to other required information, the following: â€¢ Building model (A, B, C, D). â€¢ Detailed grading plan delineating finished floor elevation and finished grade, particularly for those units taking advantage of the square footage exemption for FAR calculations. â€¢ Exterior lighting fixtures. â€¢ Detailed revegetation, planting and irrigation plans. 2. Submittal of a Revised Development Plan incorporating the following changes: a. The following note shall be added to the development plan: â€¢ Due to proximity to zoned setback lines, the units located along the east property line shall require submittal of a setback certificate prepared by a registered land surveyor. This certificate shall be submitted to the building official at the foundation inspection. b. A landscaping plan including the following: â€¢ On man-made slopes of twenty-five percent (25%) or greater, plant materials with deep rooting characteristics shall be selected that will minimize erosion and reduce surface runoff. In addition, plans for revegetation of cut-and-fill and graded slopes shall be included as part of the landscaping plan. â€¢ Plant sizes, and location, location and type of proposed fencing, and full compliance with landscaping standards set forth in Section 7.5 of the EVDC should be submitted and subjected to Staff level review and approval. Those trees identified in the plan may be subject to moving as determined by a qualified arborist and become part of the landscaping plan that shall be approved by Staff. 3. Approval of addressing system by Fire Chief Dorman prior to issuance of first building permit. 4. Upon completion of development, developer shall provide a letter certifying that all applicable accessibility standards have been met. 5. All Development Plan revisions shall be subject to Staff level review and approval. Any appeal shall be made to the Planning Commission. 6. Final approval of zoning change and approval of accompanying subdivision plats by the Town Board. Any change in the subdivision plats from those reviewed by the Planning Commission shall require a revised site plan to be reviewed by staff. 7. An as-built site plan (development plan) shall be provided at the end of project phases or at the end of the project. 4. REVISED DEVELOPMENT PLAN 99-06, RIVERSTONE CONDOMINIUMS 11, LOT 2A, BLOCK 3, FALL RIVER ESTATES, Applicant: Doug and Linda Cook. ....FOROPUILISHING.0 RECORD OF PROCEEDINGS Estes Valley Planning Commission - August 21, 2001 Page 3 Chair Kitchen and Director Joseph declared a possible conflict of interest and left the meeting. Vice Chair Pettyjohn assumed the chair. Paul Kochevar was present representing the applicants who were also present. Mr. Kochevar reviewed the two modifications to the original development plan. The applicant is requesting a time extension of one year and to remove the note from the plan to allow forthe individual ownership of all units. He requested clarification regarding the staff recommendation to comply with the current Code sections in Chapter 7. Planner Shirk reviewed the staff report and read the staff findings into the record. The original development plan allowed for the transferal of the four residential units. The nine accommodation units were specifically labeled "may not be individually transferred." This request would eliminate that provision. The approved development plan was reviewed before the implementation of the EVDC. Staff recommends the accommodation units not include kitchens at any time or built in such a fashion as to allow for conversion to kitchens. Limited kitchens should be allowed. Approval of the time extension should include conditions to incorporate several environmental and site-planning standards established in the EVDC. The letter from Mack and Audrey Hunt was acknowledged. The comment that the list of property owners was inaccurate was discussed. It is the responsibility of the applicant to provide the list of names and addresses of adjacent property owners. It is not a legal requirement, only a courtesy, to contact adjacent property owners. Mr. Kochevar stated that the primary issue is to allow for condominiumization. The time extension is supplemental and they would be willing to withdraw their request for a one-year time extension. Town Attorney White advised that what would still be required would be the designation of accommodation units identified and built as accommodation units. Public Comment: None. It was moved and seconded (Pohl/Amos) to approve the Revised Development Plan 99-06, Lot 2A, Block 3, Fall River Estates with the removal of the one-year time extension request, and with the following conditions, and it passed unanimously with one absent and one abstentian. 1. The nine accommodation units shall remain accommodation units and be clearly delineated on the plan. 2. An access agreement between Lots 2A and 2B shall be recorded with Larimer County and a copy submitted to the Community Development Department priorto application for the first building permit. 3. The sign location shall be shown on the development plan. At 3:15 p.m., Chair Kitchen resumed the chair and declared a 5-minute recess. Director Joseph also returned to the meeting. 5. AMENDED PLAT, LOTS 1, 2, 15, 17, BLOCK 10, TOWN OF ESTES PARK, Applicant: Dennis Brown. Kerry Prochaska was present to represent the applicant and advised that the applicant is basically agreeable to staff recommendations. Planner Shirk reviewed the staff report. This is a request for an internal boundary line adjustment and lot combination to alleviate non- conformities regarding an existing structure being built across a lot line and a lot that does not meet the current minimum lot size. The site contains numerous rental cabins that have been in existence for some time. The applicant intends to redevelop the property with additional rental cabins expected for sale as condominium units. Lot 1A is currently legal non-conforming as to density. Approval of this plat does not affect the legal non-conforming BRAOF...PUILISHING.0 RECORD OF PROCEEDINGS EsteiValleyllanning Commission - August 21, 2001 Page 4 status, nor does it allow for an increase in density. The new lot line will alleviate the nonconforming selbacks and provide established conforming setbacks only for the existing cabin located in the southeast corner of proposed Lot lA. The drive that serves the northernmost cabin currently crosses over "Tract A." Staff recommends the applicant verify right of access. The access easement through the plat should include a right of access for "Tract A." Staff recommends the dedication of a pedestrian easement through the property to encourage pedestrian access to the downtown area. With the aid of an aerial photograph, Director Joseph reviewed the need for a pedestrian easement to allow and encourage a pedestrian connection to the downtown area. Staff also recommends renaming of the subdivision. Mr. Prochaska responded to each of the staff recommendations. They are currently in negotiation with the owner of Tract A regarding the access easement. Estes Park Sanitation District is agreeable to wait until building sites are ddtermined for dedication of utility easements. The ,applicant would prefer the dedication of the 10-foot wide pedestrian easement to be in the location of the current footpath along MacGregor Avenue. This could be established at the Development Plan stage. Public Comment: Robert Wands, owner and resident of Tract A, has some concerns regarding access to his pr6perty and the future development plan of the property. He has noticed that the units are being sold and asked when they were condominiumized. The old (private) road is no longer accessible due to landscaping and the new road is not well defined yet. Director Joseph advised no condo map had yet been presented and asked for clarification from the ap'plicant regarding the revised roadway. Mr. Prochaska advised that Requirement 1 and 2 of the staff recommendations deals with this and a new access easement is required. Director Joseph recommended continuing the review until such time as the development plan and access easements were determined. Town Attorney White expressed concern with approving a plat that indicated ingress/egress easements that are no longer usable. It was moved and seconded (Amos/Pohl) to continue the Amended Plat of Lots 1, 2,15, and 17, Block 10, Town of Estes Park, to the September 18,2001 meeting and it passed unanimously with one absent. Amos/Pettyjohn Lazy R - continue to next month based on staff recommendations. Public comment: None 6. PRELIMINARY CONDOMINIUM MAP, LAZY R COTTAGES, 891 Moralnet Applicant: James Mark Whittlesey. Paul Kochevar was present representing the applicant. Staff has recommended that the application be continued to allow more time to address staff findings and recommendations. Public Comment: None. It was moved and seconded (Amos/Pettyjohn) to continue the Preliminary Condominium Map for Lazy R Cottages to the September 18,2001 meeting and it passed unanimously with one absent. 7. ESTES VALLEY DEVELOPMENT CODE REVISION Due to the lateness of the hour, public comment was allowed to precede the itemized review of the proposed revisions. 8//0/0//PUILISHING.0 RECORD OF PROCEEDINGS Estes Valley Planning Commission - August 21, 2001 Page 5 Public Comment: Bill Van Horn spoke in opposition of the removal of the FAR exception. Without the exceptions, the Floor Area Ratio calculation far exceeds the density limitation. The change in density requirements with its additive effect continues to take away developable area, which he considers as a taking. Mr. Van Horn stated there was a letter from the Town to property owners at the time of Comprehensive Plan implementation that property valuation would remain the same. He suggested that adjustment of boundary lines outside of recorded subdivisions should not be treated as minor subdivisions as this can, in Mr. Van Horn's opinion, cause lots of problems. Monument records should not be part of the Code as it is strictly administered through the County and State (refer to Lonnie Sheldon's letter). Town Attorney White advised that legally, as long as you allow a single family dwelling on a lot, there is no legal taking. Staff will review the letters referred to by Mr. Van Horn. Mr. Van Horn noted that the Code takes away developable area before the density calculation is applied, which is his definition of "taking." The public hearing of the Estes Valley Development Code revisions was continued to the September 18, 2001 Planning Commission meeting. Meeting was adjourned at 4:55 p.m. Joyce Kitchen, Chair Meribeth Wheatley, Recording Secretary RESOLUTION NO. 37-01 WHEREAS, a complaint by the Estes Park Police Department was presented to the Trustees of the Town of Estes Park on September 11, 2001, and continued to September 18, 2001 charging DEER RIDGE, INC., dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPER MARKET), 3.2% RETAIL BEER LICENSE, OFF PREMISES, LICENSE NO. 03-02531-0003 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause to believe that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board believes it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violations presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place at the Town Board meeting scheduled TUESDAY, SEPTEMBER 11, 2001 and CONTINUED TO TUESDAY, SEPTEMBER 18, 2001 at 7:00 p.m. in the Board Room (Room 130) of the Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: DEER RIDGE, INC., dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPER MARKET J. Scott Webermeier, Secretary Treasurer 900 Moraine Ave. Estes Park, Colorado 80517 INTRODUCED, READ AND PASSED THIS 18th DAYOF September 18,2001, MEMORANDUM TO: HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR WIDMER FROM: PETE BRANDJORD, FINANCE OFFICER N~f SUBJECT: CAFETERLA PLAN CERTIFICATE OF ADOPTION DATE: 9/5/2001 CC: Background. The Town of Estes Park has offered a Section 125 Cafeteria Plan benefit to its employees for the past several years. The plan enables employees to receive reimbursement for eligible medical and dependent care expenditures on a pre-tax, salary reduction basis. The Town of Estes Park's employee benefit consulting firm, EBS, has recommended that ill order to fully comply with IRS regulations it is prudent to formally adopt the cafeteria plan. Budget. The Town realizes savings by avoiding payroll taxes (FICA and Medicare) on qualifying employee salary reductions. Because of the variability of individual employee participation levels, the benefit to the budget is difficult to estimate, but 7.65Â°/0 of total qualifying expenditures are saved by the Town. Action Policy Issues - Request formal adoption of Certificate of Adoption to ensure that the Section 125 Cafeteria Plan remain in full compliance with IRS regulations. Technical Issues - Staff recommends approval of Certificate of Adoption to continue employee benefit, and payroll tax savings. RESOLUTION NO. 36-01 WHEREAS, the Town of Estes Park, Colorado is authorized to adopt benefit plans, the Town hereby adopts the following measures as a formal action. WHEREAS, the Town makes group health insurance benefits available for its employees, and pays a portion of the premiums; and WHEREAS, the Town desires to allow its employees to participate in a medical expense reimbursement plan (MERP) and a dependent care plan (DCP) as set forth in the Town of Estes Park's Cafeteria Plan (with Premium Payment, MERP and DCP components) (the "Plan"); and WHEREAS, the Town wishes to adopt a Salary Reduction Plan that complies with Section 125 of the Internal Revenue Code, to enable its employees to elect to pay for their share of the group health insurance premiums and entire premiums for MERP and DCP benefits on a pre-tax, salary reduction basis; and WHEREAS, the Town determines that the above actions are in the best interests of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the Board hereby adopts the Plan (consisting of the Plan document, and component benefit plans and policies) as amended and restated, effective as of January 1, 2002. BE IT FURTHER RESOLVED, that the operation of the group insurance plan will continue and all employee contributions thereunder will be made pursuant to elections under the Cafeteria Plan document. BE IT FURTHER RESOLVED, that the Cafeteria Plan, together with its component plans, will be considered one plan for (if applicable) ERISA purposes, including reporting and disclosure (but for COBRA purposes, the MERP and Health Premium components will be considered separate plans). INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2001. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Community Development Director -~=1*b Date: 9-06-01 Subject: Habitat Final Plat and Rezoning Background: This is a rezoning request ( R-2 to R-1 ) and a preliminary subdivision plat to create four new 6,000 s.f. to 7,000 s.f. single family lots to be restricted for attainable housing per section 11.4 of the EVDC. The property is located north of Community Drive in the Bonnie Brea Sub. R-1 Single-Family Residential Zoning District. This district is established to provide opportunities for attainable single-family residential development within the Town of Estes Park and in close proximity to services. Accordingly, district regulations will allow densities of up to eight (8) dwelling units per acre, with a minimum lot area of five thousand (5,000) square feet, subject to the attainable housing limitations in Â§11.4.C of this Code. Owner-Occupied Attainable Housing. Housing that is attainable to households earning no more than eighty percent (80%) of the median income for Larimer County and who pay no more than thirty percent (30%) of their total income on housing costs. Deed Restriction Required. Attainable housing units developed pursuant to this Section shall be deed-restricted to assure the availability of the unit for sale or rent to persons meeting the income guidelines and definition set forth in Â§11.4.C above, for a period of time no less than twenty (20) years. The mechanism used to restrict the unit shall be approved by the Town or County Attorney. Recommendation: The Planning Commission has voted to recommend approval of both the rezoning and the subdivision. Location Ma i , P. , I F 11\ --7_1 1 \Ujr==3-1 331Â¥1- E--241 2-~~ 'Et Ell~-2-J MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Community Development Director '*+S,5 Date:9-6-01 Subject: Park River West rezoning request- A request to rezone from A-Accommodations to RM-Multifamily. Background: This property is presently zoned "A"-Accommodations. However, Multi-Family development is permitted as a use by right in this zoning district. Staff has recommended rezoning to RM- Multi-Family to provide a zoning designation that prevents future introduction of commercial use into this development that is being planned and approved for residential use only. There are some differences between development standards associated with these two zoning districts as they would be applied to this project. First, the density standard for duplex buildings in the RM district is 5400 s. f. of land area per unit, vs. 6750 s.f. per unit in the A district. If the project were to go forward with A zoning, the same number units could be built in fewer, larger, multi-plex buildings, (the land area requirement for a tri-plex or larger building is 5400 s.f. / unit in both districts). For example, three duplex buildings could be easily be reconfigured into two tri-plex buildings, thus retaining the same net density. Secondly, the Floor Area Ratio limit in the RM district is 30%, while the same limit in the A district is 25%. This limit has been rendered ineffectual by a recent BOA determination, and it has no practical bearing on the development o f this site due to the exemption that is presently available to residential use. Finally, the side yard building setback in the A district is 15 ft., while the side setback in the RM district is 10 ft. Recommendation: The Planning Commission has voted to recommend rezoning this property from A - Accommodations to RM- Multifamily. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer Fronn: Robert B. Joseph, Director Date: August 31, 2001 Subject: Park River West Preliminary Plat, Final Plat, and Rezoning Background. This is a request to ~ subdivide and rezone property located RiverRock adjacent to the west of RiverRock Townhomes (PID 3525300005). The applicant intends to build 68 condominium L - units on the currently undeveloped site. 1%/ 3- r The Planning Commission approved the . -~ U.:.:.:.:.........................., 1 41 accompanying development plan at their //36\ \ regularly scheduled August 21,2001 9--O \ meeting. Approval was contingent upon < ~ \\ j ,< Proposed Park R Town Board approval of the preliminary ~ ~~-3,-t>~[.1. River West 6 r- 1 -h // 11 , / and final plats and the rezoning. The purpose of the subdivision is to create building lots and dedicate road right-of- way and various easements. The applicant requests the rezoning on the recommendation of Community Development Staff and the Planning Commission. The rezoning would provide a zoning classification consistent with the intended land use, and would prevent future commercial use from occurring. The density allowances for this proposal are the same for the 'A" and the "RM" district. The differences in the zoning classification standards are the building setback requirements and the maximum Floor Area Ratio (see graph). Building Setbacks Zone District Units per Acre Floor Area Ratio Front Rear Side "A" Accommodation 6 to 8 .25 25' 10'-25' 15'-25' "RM" Multi-Family 3 to 8 .3 25' 10' 10' Differences in zoning requirements Budget. Upon acceptance of "Park River Courr;: street maintenance and snow removal. Action: This item requires action on the requested rezoning and the preliminary and final plats. Rezoning: Staff recommends approval of the requested rezoning of the property from "A" Accommodation to "RM" Multi-family. Planning Commission recommendation: At their regularly scheduled August 21, 2001 meeting, the EVPC voted unanimous (6-0, one absent) recommendation of conditional approval. The condition was Town Board approval of the rezoning, preliminary, and final plats. Preliminary and Final Plat: Staff recommends approval of the preliminary and final plats, subject to Planning Commission conditions. â€¢Page 2 Administration Department Memo To: Honorable Mgvnr Raudek and Town Board of Trustees From: Rich W .flÂ£.-.=g- Town~ Date: Septerr Subject: Knoll-Willows Conservancy Recommendation Background. Conservancy Group Recommendation - On July 24, 2001, a recommendation was presented to the Town Board of Trustees by the Knoll-Willows Conservancy Committee for the future of the area that has come to be known as the Knoll-Willows properties. This recommendation rAay be summarized as: 1. Combine the 19.4 acres into a single Conservation Area for research, education, and passive enjoyment; 2. Legally protect, in perpetuity, these properties in their natural state and as an important historical site; It was further urged that the Town identify this Conservation Area as a memorial to Enos A. Mills. The 17-page recommendation document contains a description of the natural, visual, and historic resources of the subject properties and presents a proposed Plan for the Conservation Area. Main elements of the Plan are: 1) an-outdoorinformaiiter to be located outside but adjacent to the southwest corner of the properties/2) a shgd,0-nat[QzoNallgey along the outside edge of the area adjacent to MacGregor Avenue; 3) two_entrances, at the southwest and soutÂ®ast corners, and a single path connecting the entrances, which WOGIEI-allow-pedestrian access to the cabin, ruins, and ffiepedmeterofthe high ground. The Plan describes the allowable improvements that could be made in each of the low, moderate, high, or extreme impact level areas. VaÂ®us possible funding sources are suggested. Provided with the recommendation document is a 35-page 'History and Resources Documentation Report" for the properties. This report details research done on the natural resources, archaeology, visual and historic resources, adjacent land use and includes a history of the ownership and public involvement with the properties. Both documents together represent an impressive amount of useful work performed by a volunteer group. - . 0- le- .00 Past Town Board and EPURA Actions - On July 24, 2001, the Town Board approved the idea of taking over the remaining payments on the 9.29-acre Knoll site from EPURA. The Intergovernmental Agreement (IGA) finalizing this dedsion has been approved by EPURA subject to minor details to be worked out between the respective attorneys and will soon be ready for Town Board approval. The IGA also specifies that EPURA will transfer Lots 1 &3of the Stanley Addition to the Town of Estes Park. 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 of the 19.5 acres will be $1,918,790, including interest. In early 1995, when the Knoll purchase was being considered by EPURA, 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, Historic Designation - On July 10, 2001, the Town Board approved staffs request to apply for State Register Nomination for the buildings and land of the Willows property (Birch Resubdivision). An application has been prepared and submitted. A Colorado Historical Society Review Board hearing on the nomination is scheduled for November 16, 2001, in Denver. Discussion - Town Attorney Greg White was asked to research the legal basis for establishing the requested Conservation Area. Mr. White can find no legal authojk-infolorado for creating-the requested_Conseomtion-Are. There is legUI authority in Colorado for creating a conseivation easement. Aconservation easement has been used in Estes Park to preserve certain lands in open 66nditions, subject to the terms and conditions of the specific language of the conservation easement. Colorado Statutes require conservation easements to be granted in perpetuity. The Town could-ho_create a new-zaoing_dist[ici or districts to establish areas with different usage (or lack of usage) requirements. The Town does not presently have any zoning district that is specifically for open space or park uses. This new district could be used for the Knoll/Willows properties, or portions thereof, and for other similar properties, such as the golf courses and Stanley Park, all presently zoned CO, Commercial Outlying. ~ne criterion that should be considered in deciding whether to create a special protection area for * i these properties is whether there is an imminent threat of development. I am aware of no plans, ~ present or future, which call for development of the properties. It does appear the Town has time to ~ discuss and debate the future of the properties in a reasonable time frame. â€¢ Page 2 There is already a high level of protection on a significant portion of the properties. The Willows and Bikle properties, Lots 1&2 of the Birch Resubdivision (see attached map), were purcha~%Luming Larimer County Open Space Fund monies. Use of these funds restricts usage of. any properties boubht with it to open space, natural areas, wildlifehabitat, and park and trail purposes. The proposed Knoll/Willows Conservation Plan represents the contribution of a significant amount of time and effort on the part of the many participants in the drafting of the Plan. Although the Plan's sponsors included many citizens in the process of preparing the Plan, there was no organized public process to allow all citizens of Estes Park to comment on the Plan's recommendations. The Town has experiened the difficultiesthat are inherent in restricting use of public propedies. The deed restrictions placedon the StanT@*Park-#Art@15 have-created many problems for past and present Boards of Trustees. 11) my opinian.-lhe-Iozn-shaulibe_wakof-antee-of Rermanent-use restrictions placed on_public_properties. The_situation could Â©hange Â®ignifignly_in_future yers, and futrrEâ‚¬[ected boards should have the freedom to decide how to respond to changing conditions. The Willows property is already protected from development due to the use of Open Space Funds for acquisition. There are no plans, current or future, for any development of any portion of the Knoll property. Since the Tgyn will acquire title to the Knoll property (Lots 1 and 3 from EPURA, and Lot 2 from the current property owner at the end of the lease payments) 9-ny development of the_Knot!_will occur only after a future Town Board decision to develop the properly. That future Town Board d@cision can only occur after public meetings to allow all interested citizens to comment upon those plans at that time. Budget. Budget impacts of taking over the Knoll payments were explained in a previous memo. If the Board desires to Master Plan the properties, appropriate funds should be included in the budget. Action This is a policy decision of the Town Board. Staff respectfully suggests the Town Board consider the following: 1. Establishing a new zoning district or districts for the subject properties. The districtsf A could distinguish between the special riparian nature of the Willows and the more open,/ grassland nature of the Knoll and allow different uses in each, if appropriate. Other publicly owned parcels could be included as desired. This action might be properly linked to the second suggestion; 2. 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Na,1, A ..â‚¬ . 6%#: - 1 ... 12 1 - 2 4---1 -4 '401 - ~ r : / {:, 5464:0-Â·.474'Â· r Le f. 1 li' 1 1 ' .ld:~r,1804-*'t r . - e . i .1 11 17$Â¥1 7 -,- , . , *2.Â»91: 1.32â‚¬ r 'ttiv- 1 ..' 1. 1 I. 40/Wi: 3...X. , I. 1 .1 4 9 1Â· 4â€¢y /' ~ , 1.~' 0 & ..t .4 Re . - 4. ...t ~ . 1/ I 4, ..., , 1 r I. 6 6 '\4" t f., ....4 : - , 1026'4'~'tmes':2 11'.3*(19Â¥f#*ififf Â· .2.,t . ~ IrIM BNOiS nsml Howle Administration Department Memo To: Honorable May~3audek and Board of Trustees From: Rich Widmer 754..1*M Town Administra~or Date: Septembt.5.2801 Subjed: Town Board Room Remodel Project Background. ~ 4 0 4 '4 4 if 6 (/ . Funds are included in the 2001/2002 Town Budget for the design and construction of a new Town Board/Community Meeting Room in the old Fire Station space.'This space is now underutilized as a police garage. In May 2001, the Town hired the design/build team of Thorp Associates, P.C. and R.C. Heath Construction Co. A Project Team composed of Mayor Baudek, Town Clerk O'Connor, Public Works Director Linnane, Greg Sievers, Shawn Kraft, and me have worked with Thorp/Heath to produce a preliminary design and cost estimate for this project. Mr. Thorp will present the attached plan in detail at the Town Board meeting. A final decision does not have to be made on this project tonight. We will place the project on the October 9 Town Board meeting as an action item. The reason for considering this project is that, in staff's opinion, the present Town Board room has outlived its usefulness, is in need of significant upgrading, and the present location is unsuitable for remodeling. It was also determined during the budget process last fall that it is unlikely the Municipal Building will be relocated in the foreseeable future, therefore making it likely we will need to remodel certain portions of the building. Funds were also budgeted to air condition the first floor, remodel the dispatch area on the second floor, and add some security features. The Municipal Building was opened in 1974 following extensive remodeling of the existing 1930s era school building. The Board Room was state-of-the art for 1974; however, time and modern audio- visual demands have made it virtually obsolete. We have upgraded the microphone system and installed new audio-visual devices over the years, with less than satisfactory results. The present room seats about 75, in a maximum seating configuration. There have been many times when, due to a pticliganng-or other public meeting, seating was necessary for more, and people had to stand in the hallway. Staff considered the possible remodeling of the room; however, several factors make that impractical. First is the size of the room. At 1,265&Quare.feet including the board annex room, it simply is not large enough without moving the south wall out. This would be very expensive, and would completely change the exterior architecture and impact the transit center area. There is no other way to practically enlarge the room area. Secondly, the ceiling is too low for modern audio- visual de*es and good visibility. Removal of the floor to create any slope would be difficult and expensive, as a large utility corridor circles the entire building under the floor. For these reasons, we settled on use of the old fire station space. As Mr. Thorn will explain in detail, the new room, at 2,320 square feet, is a state-of-the-present-art Community/Town Board Room in every way. Some of the interesting features include extensive audio-visual equipment that will allow remote control of the 2-camera permanently mounted cable TV system from a remote control room. Seating is provided for 54 fixed seats and at least 60 stackable seats. Movable walls allow usage of the room by a variety of community groups. A document camera in the ceiling will broadcast plats or maps directly onto the large screen behind the Town Board table and directly onto cable TV. An assistive listening system is provided for those needing hearing assistance. The podium is motorized to be vertically adjustable for the height of the user. Each Town Board member will have his own computer and monitor to instantly see what is displayed on the screen behind him and what is going out over cable TV. The voting system will be similar to the existing light system. A TV monitor is provided in the lobby/overflow area so people may see what is going on without actually being in the room, if they desire. Two interior sketches are also attached. Interior materials will include use of warm wood and veneer paneling and wainscot. Some moss rock veneer and timber beams will be used, and upholstered seating will be provided. The existing west entrance to the Police wing will be enclosed, creating a bold architectural feature on the MacGregor Avenue side of the building. Lots of glass will create a warm, inviting lobby area, with a space available for light food service for meetings and other events. Total size of the remodel area is 3,761 square feet. In summary, staff believes the project is an exciting opportunity to provide a much-needed improvement to the Municipal Building that will benefit all users for many years to come. Budget. The 2001/2002 Budget includes $35,000 for design in 2001 and $330,000 for construction in 2002, for a total of $365,000. The preliminary cost estimate, including 8% contingency and all design costs, is $751,281, all to be budgeted for 2001. This includes a cost saving of approximately $25,000 if we begin construction this fall, when Heath is constructing the Library addition. Adequate funds are available to complete this project as estimhted. Action No action is necessary at this time. We will put this item on the October 9, 2001, Town Board agenda for your consideration. â€¢ Page 2 8 3 D r -7 R N Z D -r 2 1 8 . - - r--5 - -1 .211 & 4 G .......g ...1.1 I M .6 Â£ . Ul +- i ....1 C k .1 1 11 0,1 -a 916---1 =9==,1 4353 1 &~4. t...1 -:1 F/-BL 9 \ -0~.06' LE 1 â‚¬ d EL N.&). .4 -266 0 LU U.I Di._~ 1 1=21- 9 , rs 9*31 ,Â»4@ c Â· ' i rr"d (Pilk r-I ... I .-4 I crl rrjt i A A 1.1 J 9-1 *A.}â‚¬1 . 9- 1 1 11 CriiI-0 1,[, c r.41 joi-r- 2 29-945-t-_ J V- Â£1111-~ I O 1"i1/1) 4U11IUU 1 251 1. =a rn-rrn 0 4- ZE L 1 1. 5 0)2 4, C) 9 c>u m2S 7 6- 0 23=5553 / I ./ W . 02 iM p-1 - 2 4 Â· /0 T (N N -0 LO < 10 4, L D 11 a . -0 E 0 0 0 -0 2.6 6 Ig 53 -0 U >2 0 8 'r 344 3 = 0 0 1 4 -3 0- Z U!DUION 04 41 dYW 3001 H.12!~1 Bugae UUId Joord- 3!1-EUTOL[3 5 blic Meeti g m. 2,320 s.f. 295 s.f. 3,761 a Total Remod. Area = 4,313 s.f. Munic. Bldg. Remodel t!Â§13 E w U E 5 12 + A L M hi Â£ C -4.3 Vt .%29, 8 ar< a 1 0 il E-d L 4. U W di Â· Â· //i, Icri U \ 0 -s 1 1 "1 -? 2.1-i r . \ b ~EE~ '~0 , Cra i - 791- E a -1, e -V' 534 ~ 2 86 E.9 41 b G & 9-2 a 14 r 1 4 Kkker - 14Â£006%2. Inbed Drywall fder Screens 4 IJPOUID~ U.LOOPI P.IU06 IUL }Ull-IN >[-lud 50.153 luotualilluelf uo!]inT]SUol 'q]UOH -3 N / s]01]!t[.lly "Dd solupossÂ¥ CT.IOLLL IOOE 'L -1:DqUID]CieS E 15. . 1 0 Â£ E 0 Â£ .3:2;/ ' 7 4 â‚¬ 1 1 11 u 1 I: 43 % . 3 1 '1 ~ -2 0 .' 1 4 0 . 1. . '1 . . , , /4/62, 1 - 3 5, 1 1 <1 JI I 1 1 - ' 1 \1 -4 . 11 Z. \ 5 1%. '0 4 â€¢ 08 8% i SS 66- u 0 . OUDGIIub--,1~ board Coatnset 53-29= R..tadspidn - I@pOI.LI@~1 UI ligilipigifiTG H 1.-~ ~ JU@Ur@BUUUM UOpal]SUOj 'lpBOH 'D'-H / SOI)00.Itpiy 'D'd solupossv d.iogi IOOZ 'L 3@quroldos 770 Ur 820" 4 K c=: Wood 4 Veneer Fbne< 5 bronze INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, effective the day of , 2001, between the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, hereinafter referred to as the "Town", and the ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to as "Recreation District". WHEREAS, the parties to this Agreement have entered into an Intergovernmental Agreement, Design Phase for a Multi-Use Event Center at Stanley Park, on March 27, 2001 for the purpose of the preliminary design of the proposed Multi-Use Event Center, ("the Project"); and WHEREAS, that Intergovernmental Agreement provided that upon final acceptance of the preliminary project design, the parties would develop a comprehensive intergovernmental agreement addressing the construction and operation of the Project; and WHEREAS, the purpose of this Intergovernmental Agreement is to set forth the understanding and the agreement of the parties with regard to the construction and operation of the Project; and WHEREAS, upon completion of the Project, the constructed Multi-Use Event Center ("the Event Center") shall be owned by the Town and used by the Recreation District and the Town; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties are authorized to enter into this Intergovernmental Agreement for the above stated purposes. NOW THEREFORE IN CONSIDERATION OF THE FOREGOING THE TOWN AND THE RECREATION DISTRICT AGREE AS FOLLOWS: 1. Construction of the Project. The Town shall be the party responsible for all phases of the construction of the Project. The Project shall be constructed on property owned by the Town. The Town shall select the entity, award the construction contract, and supervise the construction of the Project. The Town shall consult with the Recreation District prior to the awarding of the contract for construction of the Project. 2. Construction Financing. The Town shall provide the funds necessary to finance the construction of the Project. 3. Calculation of Construction Costs. The Town's and the Recreation District's share of the construction costs shall be as follows: ITEM TOWN- REC DISTRICT a. Development Fees 50% 50% b. Site Development 50% 50% c. Building Core and Shell 54% 46% d. Mechanical/Electrical 'MEP' Trades 54% 46% e. Ice Arena Tenant Improvements Ice Plant System 0 100% Dehumidification System 0 100% Scoreboards - 0 100% Sound system/PA'System ' 50% 50% Fixtures (Boards, Boxes, etc.) 0 100% Rubber Flooring System 0 100% Fixed Bleachers 50% 50% Telescopic Seating 100% 0 Locker Rooms 0 100% Â£ Administrative Offices/Meeting Rooms 50% 50% g. Kitchen Equipment 100% 0 h. Contractor General Conditions 50% 50% i. Contractor Margin/Overhead 50% 50% j. Final Design 50% 50Â°/0 k. Project Contingency ' 50% 50% 1. Furniture, Fixtures, Equipment (excluding ice equipment) 50% 50% 4. Use of the Project. The Town shall be the owner of the Project. The parties shall enter into a operating and use agreement for the Event Center contining the following terms and conditions: a. The Recreation District shall have the right to use the Event Center from October 16th through April 15th of each year. b. The Town shall have the right to use the Event Center from April 168 through October 15th o f each year. c. During the respective use Deriod set forth above, the non-occupying party shall have the right to use the Event Center if the occupying party does not have the Event Center or an appropriate portion thereof already scheduled for use. The parties shall agree to use their best efforts t6 cooperate in the scheduling of events at the Event Center to maximize use of the Event Center by both parties. d. The initial term of the operating and use agreement shall be for a period of twenty (20) years with automatic renewal for additional ten- year (10) periods unless either party terminates this agreement at least sixty (60) days prior to the commencement of any individual ten-year (10) term. 2 . '1 . 5. Revenue. Each individual party is entitled to charge third parties for use of the Event Center and retain all revenue generated by said third party use of the Event Center. 6. Supervision and Maintenance of the Event Center. The Town shall hire an Event Center manager for the overall operation, maintenance, scheduling/booking of the Event Center. The Recreation District shall provide adequate supervision during its usage of the Event Center and provide all maintenance, personnel and equipment necessary for maintenance of the Event Center and specifically the ice surfuce, dressing rooms, and other common areas during its period of occupancy (October 168 through April 159. The Town shall provide adequate supervision during its usage of the Event Center and provide all maintenance, personnel and equipment necessary for maintenance of the Event Center during its period of occupancy (April 16th through October 15th). 7. General Expenses of the Event Center. General maintenance expenses common to the normal operation of the Event Center shall be shared equally. Special repairs and maintenance for the ice rink shall be the responsibility of the Recreation District. The Recreation District shall pay all utilities October 16th through April 15th each year. The Town shall pay all utilities April 166 through October 158. 8. Insurance. 0. General. Beginning with the final design of the Event Center, the Town and the Recreation District, at their separate expense and for the mutual benefit of both, shall maintain the following types o f insurance: a. Fire and extended coverage insurance covering their respective personal property located at the Event Center. b. Comprehensive public liability insurance, including property damage, with respect to the Event Center, insuring the Town and the Recreation District against liability for injury to persons or property occurring in or about the premises or arising out of the ownership of, maintenance of, use or occupancy thereof, with the limit of liability coverage not less than $1,000,000 for bodily injury and property damage liability for each occurrence, and $1,000,000 aggregate. c. The Town shall mintain fire and extended coverage insurance covenng the Event Center and all appurtenances. The amount of the coverage shall be in the replacement cost of the Event Center. All policies of insurance shall name the Town and the Recreation District as an insured and shall provide by endorsement that any loss shall be payable to the Town or the Recreation District as their respective interest may appear. The parties shall furnish each other with a certificate or other acceptable evidence that such insurance is in force at the beginning of final design of the Event Center and from time to time as each may reasonably request. 3 9. Other Agreements. Following the determination by both parties that financing is available for the construction o f the Project and the operation and the maintenance of the Event Center following construction, the parties shall enter into such further agreements that are necessary in order to acquire the proposed financing, construct the Project, and operate and maintain the Event Center after construction. The terms and conditions of this Intergovernmental Agreement, where applicable, shall be incorporated into those agreement documents. 10. Contingencies. The parties unddrstand and agree that the Town has not secured financing for construction of the Project. Also, the parties understand and agree that it shall be necessary for the Recreation District to seek a milllevy increase from its voters to enable the Recreation District to meet its obligations for payment of construction costs for the Project and operation and maintenance of the Event Center. This Agreement is specifically contingent upon the Town obtaining an adequate financial package for the cost associated with the construction o f the Project and/or the ongoing costs associated with the operation and maintenance of the Event Center. Determination as to whether the Town has an adequate financial package shall be in the sole discretion of the Town after consultation with the Recreation District. The Town shall make this determination on or before January 11, 2002. If in the Town's sole discretion an adequate financial package is not available to the Town, the Town may terminate this Agreement by giving written notice td the Recreation District of its intention so to do. The Recreation District may terminate this Agreement if in its sole discretion it has not received the approval of a milllevy increase which gives the Recreation District adequate revenues to pay its share of the cost of the construction of the Project and/or the ongoing costs associated with the operation and maintenance of the Event Center. Determination as to whether the Recreation District has an adequate financial package shall be in the sole discretion of the Recreation District after consultation with the Town. The Recreation District shall make this determination on or before January 11, 2002. If in the Recreation District's sole discretion adequate revenues are not availabld to the Recreation District to finance the construction of the Project and/or the ongoing costs associated with the operation and maintenance of the Event Center, the Recreation District may terminate this Agreement by giving written notice to the Town of its intention so to do 11. Termination by the Parties for Default. Either party shall have the option of terminating this Agreement in the event of default by the other party to the terms and conditions of this Agreement. The non-defaulting party shall give written notice of the default, specifying the nature of the default and giving the defaulting party thirty (30) days to cure the same. In the event that the default is not cured within the thirty (30) day period, the non-defaulting party shall be entitled to all damages incurred by reason of said default, including, but not limited to all reasonable attorneys' fees, expert witness fees and court costs incurred by tile non-defaulting party. Where a party elects to terminate this Agreement following the giving of notice and failure to cure, termination is effective upon the giving o f written notice to the defaulting party. 4 12. Relationship of the Parties. The Recreation District is not an agent or employee of the Town. The Town is not an agent or employee of the Recreation District. This Agreement shall not be interpreted and/or construed to create a partnership or joint venture relationship between the parties. 13. Indemnification by the Recreation District. To the extent permitted by law, the Recreation District agrees to indemnify, hold harmless and defend the Town, its officers, agents and employees, from and against allliability for any and all claims, liens, suits, demands or action for damages, injuries to persons, including death, property damage, including loss o f use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Recreation Districes intentional or negli~ent actions and/or omissions in the operation and maintenance of the Event Center under the terms and conditions of this Agreement. 14. Indemnification by the Town. To the extent permitted by law, the Town agrees to indemnify, hold harmless and defend the Recreation District, and its officers, agents and employees, from and against allliability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Town's intentional or negligent actions and/or omissions in the construction of the Event Center under the terms and conditions of this Agreement. 15. Notice of Claim. The Town and the Recreation District will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event that a claim or action is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action oil its behalf. 16. Notices. All notices, demands or other documents required or desired to be given, made or sent to the parties under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested, as follows: TOWN OF ESTES PARK Town of Estes Park ATTN: Town Administrator Post Office Box 1200 Estes Park, CO 80517 ESTES VALLEY RECREATION AND PARK DISTRICT Estes Valley Recreation and Park District ATIN: Executive Director Post Office Box 1379 Estes Park, CO 80517 5 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 18. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Colorado, and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 19. Attorneys' Fees. In the event either of the parties to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered rby a court of competent jurisdiction, then the non-prtvailing party shall reimburse the prevailing party for all reasonable attorneys' fees, court costs, and reasonable expert witness fees incurred as a result of such proceedings. 20. Parties Bound. This Agreement shall bind the respective successors and assigns of the parties hereto. 21. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had neVer been contained herein. 22. Assignment. This Agreement may not be assigned by either party hereto without the written consent of the other party. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ESTES VALLEY RECREATION AND PARK DISTRICT By: ATTEST: 6 Town of Estes Park Profile of General Demographic Characteristics: 2000 Census Subject Number Percent Total Population 5,413 100.0% SEX AND AGE Male 2,597 48.0% Female 2,816 52.0% Under 5 years 244 4.5% 5 to 9 years 267 4.9% 10 to 14 years 263 4.9% 15 to 19 years 259 4.8% 20 to 24 years 230 4.2% 25 to 34 years 584 10.8% 35 to 44 years 856 15.8% 45 to 54 years 862 15.9% 55 to 59 years 386 7.1% 60 to 64 years 344 6.4% 65 to 74 years 630 11.6% 75 to 84 years 377 7.0% 85 years and over 111 2.1% Median age (years) 45.0 (X) 18 years and over 4,462 82.4Â°/0 " Male 2,122 39.2% Female 2,340 43.2% 21 years and over 4,343 80.2% 62 years and over 1,313 24.3% 65 years and over 1,118 20.7% Male 492 9.1% Female 626 11.6% RACE One race 5,350 98.8% White 5,150 95.1% Black or African American 17 0.3% American Indian and Alaska Native 26 0.5% Asian 42 0.8% Asian Indian 3 0.1% Chinese 7 0.1% Filipino 5 0.1% Japanese 6 0.1% Korean 9 0.2% Vietnamese 0 0.0% Other Asian 12 0.2% Native Hawaiian and Other Pacific Islander 3 0.1% Native Hawaiian 2 0.0% Guamanian or Chamorro 1 0.0% Samoan 0 0.0% Other Pacific Islander + 0 0.0% Some other race 112 2.1% Two or more races 63 1.2% .Â·L Race alone or in combination with one or more other races: White 5,213 96.3% Black or African American 25 0.5% American Indian and Alaska Native 59 1.1% Asian 50 0.9% Native Hawaiian and Other Pacific Islander 4 0.1% Some other race 130 2.4% HISPANIC OR LATINO AND RACE Total population 5,413 100.0% Hispanic or Latino (of any race) 301 5.6% Mexican 245 4.5% Puerto Rican 4 0.1% Cuban 0 0.0% Other Hispanic or Latino 52 1.0% Not Hispanic or Latino Â· 5,112 94.4% White alone 4,979 92.0% RELATIONSHIP Total population 5,413 100.0% In households 5,365 99.1% Householder 2,541 46.9% Spouse 1,328 24.5% Child 1,069 19.7% Own child under 18 years 907 16.8% Other relatives 118 2.2% Under 18 years 31 0.6% Nonrelatives 309 5.7% Unmarried partner 114 2.1% In group quarters 48 0.9% Institutionalized population 42 0.8% Noninstitutionalized population 6 0.1% HOUSEHOLD BY TYPE Total households 2,541 100.0% Family households (families) 1,566 61.6% With own children under 18 years 520 20.5% Married-couple family 1,328 52.3% With own children under 18 years 365 14.4% Female householder, no husband present 168 6.6% With own children under 18 years 109 4.3% Nonfamily households 975 38.4% Householder living alone 788 31.0% Householder 65 years and over 247 9.7% Households with individuals under 18 years 546 21.5% Households with individuals 65 years and over 734 28.9% Average household size 2.11 (X) Average family size 2.61 (X) HOUSING OCCUPANCY Total housing units 3,323 100.0% Occupied housing units 2,541 76.5% Vacant housing units 782 23.5% For seasonal, recreational, or occasional use 586 17.6% . Homeowner vacancy rate (percent) 1.8 (X) Rental vacancy rate (percent) 8.9 (X) HOUSING TENURE Occupied housing units 2,541 100.0% Owner-occupied housing units 1,527 60.1 % Renter-occupied housing units 1,014 39.9% Average household size of owner-occupied units 2.16 (X) Average household size of renter-occupied units 2.04 (X) Source: U.S. Census Bureau, Census 2000 MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Peter Marsh Date: September 5,2001 Subject: Town Web Site Linking Policy : Background: Governmental entities have been faced with legal action due to inconsistant application and/or inappropriate application of links from their web sites to commercial or private web sites. Budget/Cost: None Recommendation: The attached web linking policy statement (paragraph "F" of the Employee Electronic Media Access Policy) has been reviewed, modified, and approved by the Town Web Team, and Department Heads. With that background, staff recommends consideration of adoption ofthis Town Web Site Linking Policy as part of the Town's Employee Electronic Media Access Policy. TOWN OF ESTES PARK EMPLOYEE ELECTRONIC MEDIA ACCESS POLICY Revised January, 2001 *Revised September 11, 2001 The purpose of this policy is to ensure that users of the Town of Estes Park's e-mail, internet, voice mail, electronic facsimile (fax), bulletin boards and electronic subscription services are aware of privacy, security, public records, and legal issues related to the usage of the Town's systems, and to ensure that requests for information stored in the aforementioned formats are complied With as provided by law. Use of the Town's electronic media systems are subject to the following policies: A. Business Use: E-mail is utilized by the Town of Estes Park to facilitate Town work and is intended for business-related communications, including uses related to Town-sponsored events and activities. The Town recognizes that occasional personal use will occur on an irregular basis; such use is permitted as long as it does not interrupt the normal flow of Town business. Internet access, including the use of the World Wide Web, is utilized by the Town of Estes Park, for purposes of research and accessing and downloading instructional and reference material. Any improper use, as determined by the Town of Estes Park (see paragraph D below) is prohibited and may be subject to disciplinary action. B. Requests for E-Mail Records: E-mail messages and attachments are public records and shall be made available for public inspection in accordance with the Colorado Public Records Law. Each individual is custodian of his or her incoming or outgoing e-mail. Whenever a request is made for e-mail records pursuant to Section 24-72-203, C.R.S., the custodian of the records in question shall consult with his or her Supervisor and/or Department Head who, with the Town Attorney will ascertain whether the requested records are public records. When e-mail records are determined to be public records, the custodian shall utilize whatever methods are expeditious and cost-effective for the retrieval and inspection of the requested records. C. Privacy, Security, and Monitoring: Employees have no expectation of privacy when using equipment owned by the Town of Estes Park for e-mail or Internet access. All electronic communications are Town property; and the Town reserves the right at any time, to monitor, access; view, use, copy, and disclose all e-mail messages or Internet downloads of any employee. Computer users are responsible for safeguarding their passwords and may not disclose their passwords to others. Employees may not access the computer accounts of another unless granted permission to do so by that 1 . user. This restriction does not apply to system administrators and others who are authorized to access the systems for legitimate business purpose. D. Improper Use of E-mail or Internet Access: Improper use of e-mail and Internet access includes, but is not limited to: 1. The transmission, downloading, storage or distribution of materials containing unlawful or inappropriate comments which are sexually, racially, or ethnically offensive, or which contains jokes, slurs, or disparagements of and threats to others or which create an intimidating, hostile, or offensive work environment are prohibited; 2. Messages or information which conflicts with the Town of Estes Park's policies against discrimination or harassment in the workplace; 3. Personal business advertisements or announcements, or the conducting of any personal for-profit business; 4. Messages or information which advertise or promote a business, political candidate, political or religious cause; 5. Reference or messages which give offense on the basis of race, color, religion, national origin, citizenship ancestry, marital status, sex, disability, age, veteran's status, or sexual orientation; 6. Any frivolous use which interrupts the normal flow of Town business, such as playing games, conducting betting pools, chain letters, etc.; 7. Any illegal use of the Town's computer system. All Town employees are expected to use common sense and good judgment in all official communications and to avoid any communication that is disrespectful, offensive, or threatening to others. Violation of this policy may result in any or all of the following: suspension or loss of e.mail access and/or disciplinary action up to and including termination of employment. E. Retention and Archiving: Each day, the Town's computer system routinely purges incoming and outgoing e-mails that are over 30 days old. Therefore, it is an individual employee's responsibility to retain, archive, or purge, as appropriate, any incoming or outgoing e-mail. *F. Town's Website "Linking" Policy: The Town of Estes Park's website contains links to other Internet sites and resources. Whenever a user selects a link to a site not controlled by the Town, the user is leaving the Town's website, and should be aware that the Town of Estes Park does not endorse any product or entity for which a link may be provided, and that the Town of Estes Park is 2 ~a. -2/ . 1 4 . not responsible for the content or availability of these external resources. The Town of Estes Park links to government, community, and other commercial World Wide Web sites in support of its: â€¢ Desire to use the Internet to connect people with information, services, and other people in a manner that constructively furthers the Town's governmental purposes. â€¢ Goal to use the Internet and other emerging technologies to improve Town services. Town Departments may request links based on the following: 1. Their support of Town functions and business. 2. Convenience to the public in their interaction with the Town of Estes Park. 3. Their supportive and natural affinity or logical nexus with the function or purpose of the Department. The Town of Estes Park's Web Team reviews all Department link requests for adherence to these criteria, together with the following considerations: 1. Availability of system resources and personnel to monitor and maintain the Town of Estes Park website. 2. 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