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HomeMy WebLinkAboutPACKET Town Board 2002-07-09a Prepared 07/02/02 The Mission of the Town of Estes Park is to plan and provide reliable, high-vali services for our citizens, visitors, and employees. We take great pride ensuring ai enhancing the quality of life in our community by being good stewards of pub resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 9,2002 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 25,2002. 2. Bills. 3. Committee Minutes: A. Public Safety, June 27,2002. 4. Estes Park Housing Authority, (acknowledgment only). 5. Estes Valley Board of Adjustment, (acknowledgement only). 6. Estes Valley Planning Commission, June 18, 2002 (acknowledgement only 7. Intent to Annex Resolution #16-02 - Taharaa Mountain Lodge Additic Schedule public hearing on August 13, 2002. l A. PLANNING COMMISSION CONSENT AGENDA (Approval of): If the Public, Applicant(s), Town Board, or Staff wish to speak on a particular itei Mayor Baudek will open a formal Public Hearing. The Hearing will be conducti as follows: A. Mayor - Open Public Hearing ' B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny 1. SUPPLEMENTAL CONDOMINIUM MAP. Supplemen Condominium Map for Park River West, Phase 11, Richard H. Wi Trust/Applicant. 1 Continued on reverse side 2. ACTION ITEMS: a 1. APPOINTMENTS - MUSEUM ADVISORY BOARD. Appointment of Mich Oline, 4-yr. term-expiring 01/01/05, and Joan Palmer and Betty Lynne Hull, yr. terms expiring 1/01/06. 2. TOWN ADMINISTRATOR'S REPORT. 3. ADJOURN. - - -NOTE: The Town Board-res-erves-tlie- right-to cobsider 6ther appropriate itei not available at the time the agenda was prepared. 2 - Fi. 24 3 ,/4 70 #WI lit r--- #10® W::L - JULY 0-24 LM': 11AV: 0:M: TUN AN: CCLCARATZ RY WCAAIND WCOTCAN AMIR: AT = = f = = M=c Town of Estes Park, Larimer County, Colorado, June 25,2002 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 25th day of June, 2002. 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 Trustee Jeffrey-Clark commented on recent conferences where she represented the Town at the NLC Small Cities Steering Committee and Colorado Municipal League. Pertinent conference handouts will be shared with the Town Board. Trustee Barker invited everyone to attend the June Summer Rodeo Series. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 11, 2002. 2. Bills. 3. Committee Minutes: A. Public Works, June 20,2002. 4. Liquor Licensing: A. Resolution #14-02. Set public hearing date of July 23,2002 to consider Change of Class Application filed by Colorado Poppy's, Inc., dba POPPY'S, 342 E. Elkhorn Ave., from a Beer & Wine Liquor License to a Hotel & Restaurant License. Board of Trustees - June 25,2002 - Page 2 , B. Resolution #15-02. Set public hearing date of July 23,2002 to consider a New Hotel & Restaurant Application filed by David & Yolanda Oehlman, Inc., dba HUNTER'S GRILL'& CHOP HOUSE, 1690 Big Thompson Ave. 5. Pawnee Meadows Subdivision - Preliminary Plat Time Extension from May 23,2002 to May 23,2003. It was moved and seconded (Doylen/Gillette) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. STUDENT CONSERVATION ASSOCIATION FIRE EDUCATION CORP. i Scott Sticha/RMNP_[ptroduced Suzanne_Russo,_Rky.-Mtn. National_Park _ - --Team[@ader, and Bob -BuriBii, Bculder County Team Leader, both with the Student Conservation Association. The Board received an overview of this nationwide program designed to help educate the community about wildfire issues. A group of six interns will be available to assist homeowners to become more "firewise" and to help reduce the risk of property loss due to wildfire. The community was encouraged to visit the website, firewise.org., and the Corps is available to the community to enhance education efforts. Ranger Sticha commented on several of the Parks' on-going projects, the Park's pro-active stance pursuant to the 2000 fire season, and, for the fifst time in history, fire suppression is being funded by the Dept. of Interior. 2. AUDITED FINANCIAL STATEMENT. Finance Officer Brandjord introduced Wendy SwanhorsVSwanhorst, Dragon & Cutler/Audltors, who presented a summary of the annual audit of the Town's financial statements for the year ended December 31, 2001. The firm found good controls, no significant errors, and suggestions for improvement were noted for the Town's fixed asset system and information systems. With a General Fund balance of $4.3 Million, the Town is in good financial condition. The Board acknowledged receipt of the Audited Financial Statement, and commended the Finance Dept. for their assistance on this project. 3. SENIOR CENTER IRRIGATION/LANDSCAPE PROJECT - APPROVAL. StreeUPark Superintendent Speedlin reviewed his memorandum dated June 21, 2002, noting that this project consists of three phases: 1. Installation of a new water service line 2. Irrigation design and installation 3. Landscape installation. The project total is $43,291, and Staff is proposing to fund Phases 1 and 2 in 2002 in the following manner: $7,500 from the Town, $7,500 matching funds from the Senior Center, and $20,000 from a Coleman Foundation grant, for a 2002 funding total of $35,000. Phase 3 is estimated at $8,452. Following questions concerning fencing and funding for shrubs, tree planting, water usage relative to sod vs. native seed, it was moved and seconded (Newsom/Barker), the 2002 Funding Request for Phase 1 and 2 for the Senior Center Irrigation/Landscape Project be approved, and it passed unanimously. The Board commended the Parks Dept. for the beautiful flower beds. Town Administrator Widmer reported that the Dept. of Interior has banned all private, public and professional fireworks displays on their property due to Colorado's extreme Board of Trustees - June 25,2002 - Page 3 fire danger. And, pursuant to a citizen request, asked the Board to consider a presentation for a laser light show on July <h. Concurring with the request, the following proposal was made: > LASERTAINMENT PRODUCTIONS - JENNA MacGREGOR. Pursuant to the cancellation of this year's fireworks display (sponsored by the Jaycees), and concern for the negative affect to the community and sales tax revenues, Ms. MacGregor contacted Lasertainment to provide a laser light show for Estes Park. Ms. MacGregor's proposal included the following: show cost (show length 25-30 minutes, 60' diagonal portable screen (actual size 40'x40'), coordinated to music, and sight and sound distance is unknown) was negotiated down to $10,000; estimated list of expenses, such as equipment rental, liability insurance, etc. = $6,180; volunteer assistance to stage the event; fundraising; and site. EVRPD Exec. Dir. Gengler believes that the Stanley Park Ballfields could accommodate the performance and spectators, and he is willing to arrange an emergency Board of Directors meeting for approval of the Agreement for use of the grounds. Additionally, the Dive Team had made prior arrangements to manage parking/fees and help with trash collection. Donations: within 3.5 hours, pledges from area merchants were received totaling $5,525 and Ms. MacGregor believes continued support would be supplied. Trustee discussion followed (adequate public safety controls-Chief Richardson confirmed the Police Department will staff the event-Chamber of Commerce participation, simulcast possibilities, feasibility of assistance tom the Town's Special Events Coordinator due to pre-scheduled events/time constraints, quality show, confirmation an FAA permit is not required, advertising, and confirmation that the Town, if approved, would sign the contract and be held responsible for the estimated expenditure of $16,000). Thus, Trustee Habecker moved the Town be an active participant in th presenting a laser light show on July 4, authorizing the Mayor to execute a Contract with Lasertainment Productions, and: (1) that Administrator Widmer establish a team ASAP to stage the event, (2) the Town serve as Guarantor of $5,000 if such funds are not raised, (3) the Town execute the Agreement with the EVRPD, and (4) the understanding that the Chamber of Commerce and/or Ms. MacGregor will take the lead in soliciting donations. Trustee Gillette seconded the motion. Trustee Barker encouraged the business community to continue their donations. The Board commended Ms. MacGregor for her effort on this event. 4. ORDINANCE #6-02 AMENDING CHAPTER 9.18 PERTAINING TO SKATEBOARDS, ROLLERBLADES AND BICYCLES IN CERTAIN PUBLIC AREAS. Police Chief Richardson reported that this regulation was recommended for approval by the Public Safety Committee, and it restricts skateboards, rollerblades and bicycles in the following public areas: k Riverwalk, from the east portion of the pedestrian tunnel under Hwy. 36 to its west boundary at the west line of Tregent Park. > Riverwalk from W. Riverside Dr. to Piccadilly Square. 1 All of Riverside Plaza. k All of the Town's Transportation Center. 1 All municipal parking lots located within the Town's Community Development-Downtown Commercial District. Additional restrictions for rollerblades and skateboards on public streets and sidewalks, and for bicycles on public sidewalks appurtenant to a portion of Elkhorn and Moraine Avenues were included. Town Attorney White noted that these regulations already exist in the Municipal Code, this Ordinance is Board of Trustees -June 25,2002 - Page 4 intended to simplify enforcement. Chief Richardson confirmed that this regulation is actively enforced, appropriate signage will be installed pending approval, and bicycles are alloWed on public roadways, dnd·would not be allowed in public parking lots. Additionally, the EVRPD is providing parks for skateboarding. Attorney White read the Ordinance, and it was moved and seconded (Barket/Newsom) Ordinance #6-02 amending Chapter 9.18 be appioved, noting that the Ordinance includes an emergency clause that provide the Ordinance will take effect and be enforced immediately after its passage, and it passed unanimously. 5. ORDINANCE #7-02 AMENDING CHAPTER 9.20.050 PERTAINING TO UNDERAGE POSSESSION AND CONSUMPTION OF ETHYL ALCOHOL. Town Attorney White outlined this regulation pursuant to a request by Municipal Court Judge Brown. In summary, the Town's existing ordinance and State Statute do not conform as it relates to the conviction for the 6 -possession-and consumption*of -ethyralcohol -on' private- property (such as hotel, motel, etc.), and mandatory revocation of a drivers license if convicted. Attorney White read portions of the Ordinance that were amended, including the "emergency clause" for immediate enforcement. Itwas moved and seconded (Newsom/Gillette) Ordinance #7-02 be approved, and it passed unanimously. 6. ORDINANCE #8-02 AMENDING SECTION 9.12.010 PERTAINING TO DOOR-TO-DOOR SOLICITATION AND ORDINANCE #9-02 AMENDING CHAPTER 9.12.020 PERTAINING TO SOLICITING BUSINESS ON STREETS (Public). Town Attorney White advised that, pursuant to recent Court decisions, Municipal Code Chapters 9.12.010 and 9.12.020 must be revised. Door-to-door solicitations as well as soliciting business on streets affect commercial speech and ordinances must not restrict any potential · exercise of an individual's first amendment rights. Both ordinances include the "emergency clause" for immediate enforcement. It was moved and seconded (Gillette/Newsom) Ordinance #9-02 be approved, and the motion passed unanimously. Town Attorney White provided clarification relative to "Green River Ordinances and recent Supreme Court Decision. In summary, the Ordinance would prohibit solicitation of funds or donations if a "No Solicitation" or "No Trespassing" sign were posted on a premise. Additional clarification followed, and Attorney White read the ordinance, including the "emergency clause" for immediate enforcement, and it was moved and seconded (Gillette/JeffreyiClark) Ordinance #8-02 be approved, and it passed unanimously. 1 7. TOWN ADMINISTRATOR'S REPORT. A. CIRSA 2001 Safetv Award for "For Most Improved". CIRSA has recognized the Town with the Most Improved Safety Program Award for 2001. Assistant Administrator Repola and the S.M.A.R.T. Team were praised for their efforts. B. Sales Tax. Detailed sales tax revenue information has confirmed that year-to-date, groceries are up 6.4% up (this represents 25% of the Town's economy), restaurants are down 13.8%, accommodations are down 8.8%, and gifts are down 3.6%. It will be difficult to recover all that is lost, and the "budget cut list" remains on hold for at least one more month. Board of Trustees - June 25,2002 - Page 5 Mayor Baudek invited the Trustees to join him for the Annual Car Show scheduled July 4th and assist him in presenting the "Mayor's Award." Following completion of all agenda items, Mayor Baudek adjourned the meeting at 9:15 P.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 27,2002 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 27th day of June 2002. Committee: Chairman Gillette, Trustees Jeffrey-Clark and Newsom Attending: All Absent: None Also Attending: Town Administrator Widmer, Police Chief Richardson, Fire Chief Dorman, Police Administrative Commander Filsinger, Public Works Director Linnane, Construction Manager Sievers, , Deputy Clerk van Deutekom Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT Chief Richardson introduced Officer Cinnamon Messinger who was hired on June 120'. REPORTS 25 MPH Speed Limit - Summit Dr. Chief Richardson and Director Linnane explained that the current speed limits on Summit Dr. and Old Ranger Rd. are too high based on site distance, hill slope, and width of roadway that result in unsafe road conditions for each. Staff is requesting the speed limits be reduced to 25 MPH on both streets to improve safety. As a result of the neighborhood meeting held in May, Director Linnane reported that a speed table will be constructed on Summit Dr. in September, similar to the one in front of the elementary school. The Committee recommends reducing the speed limits on Summit Dr. and Old Ranger Rd. to 25 MPH. Elementary School Traffic Control. Chief Richardson and Director Linnane briefed the Committee on a meeting between Principal John Waller, parents, and Town staff regarding safety concerns relative to traffic volume around the schools. While researching possible solutions, it was revealed that in 1998 the Town retained the services of Felsburg, Holt & Ullevig, traffic engineering consultants, to study the traffic issues for the entire school campus area; included in that study was the elementary school. The consultants presented a series of recommendations to the Town, several of which have been implemented. Director Linnane noted the final recommendation addressed the possible need for a crossing guard; however, an engineering study of vehicle gaps would be required prior to any action being initiated. After reviewing the engineering study and conferring with Director Linnane, staff recommends the following: 1. Conduct an engineering study in .2003 of the vehicle gaps located at the crosswalk in front of the elementary school. 2. Involve and include the R-3 School District as a partner in the problem solving process and implementation of solutions concerning student safety at the elementary school. Areas discussed include budget impacts, crossing guard requirements, additional potential crossing guard sites, and increased fines in school zones. Concluding all discussion, the Committee recommends staff proceed with the vehicle gap study at the crosswalk in front of the elementary school as presented. The study will be conducted while school is in session to ensure accurate data. RECORD OF PROCEEDINGS , Public Safety Committee - June 27,2002- Page 2 35 MPH Speed ~ Limit - Hwy 7. After receiving numerous calls, Director Linnane reported that staff requested the Colorado Department of Transportation (CDOT) review the speed limit from Lexington Ln. south to Peak View Dr. to determine if the 35 MPH posted speed limit is appropriate. Larry Haas/CDOT Traffic Engineer noted that the Town can make recommendations regarding speeds on state highways; however, CDOT ultimbtely is responsible for determining appropriate highway speed limits. In this particular case, preliminary results of a traffic study support the conclusion that the 35 MPH speed limit currently posted appears to be too low. The final report is anticipated withi 9 the next six weeks. Employee Panic Alarm System. Construction Manager Sievers updated the Committee on the status of the Employee Panic Alarm System: all the alarms have been installed and provide a means to signal Dispatch of an emergency situation from the following locations: Finance, Police Lobby, Administratign, Engipeering, Planning, __ _ _ _ _ - Board Rm.,Irid*89@rtisiriD. FIRE DEPARTMENT (EPVFD) Dannels Fire Station Remodel - Approval Request. Chief Dorman explained that the second floor of the Dannels Fire Station was left unfinished for use as future quarters for firefighters. Due to increases in call volume/services, and the desire to reduce response'times, the Dept. is preparing for the eventuality of having firefighters working shifts at the fire station. This remodel request includes construction of sleeping quarters, bath/shower and kitchen facilities, a fitness area, and a lounge. Kdditionally, the members of the Estes Park Volunteer Fire Dept. have expressed interest in installing a fire pole. . Materials are either being donated or purchased at a reduced rate Hy,the Estes Park Volunteer Fire Dept., Inc. and the Fire Dept. volunteers are donating the labor. The only budget impact will be costs for Water Dept. fees ($2,300) which can be budgeted in the year 2003 and possibly the Upper Thompson Sanitation Dept. fees ($1,280). These figures are based on the number of water fi*ture units for a kitchen and one bath. The Committee recommends approval of the remodel request as outlined above. REPORTS Emergency Operations Plan and Evacuation Procedures. In response to concerns regarding recent wildfire activity, Chief Dorman and Commander Filsinger briefed the Committee on the existing Emergency Operations Plan and Evacuation Procedures. Areas discussed include evacuation guidelines, incident command structure, information dissemination, and the neighborhood coordinator program. There being no further business, Chairman Gillette adjourned the meeting at 8:29 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk Estes Park Housing Authority (EPHA) Board Meeting Date: May 8,2002 Members Present: Eric Blackhurst, Sue Doylen, Lee Kundtz, Jack Dinsmoor, Karla Porter Members Absent: Sam Betters Staff Present: Jean Michaelson, Staci Walker-Pence, Rich Ekwall Others Present: Mary Bauer, Sarah Wille, Michelle Johnson, Joe Wise, Dave Skirk, Donna Palmerton, Sheiley Doggett, Kristie Charles - - Guests: The May 8th meeting of the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:30 a.m. in Room 203 ofthe Municipal Building of the Town of Estes Park. APPROVAL OF MINUTES The April 8th and April 1 Oth meeting minutes were reviewed. Sue Doylen asked if anyone had any comments, questions or changes to the April 8th minutes. A motion to approve the April 8th minutes as submitted was made by Eric Blackhurst and seconded by Karla Porter. Sue Doylen asked if anyone had any comments, questions or changes to the April 1 Oth minutes. A request to amend the April 10th meeting minutes was made and noted under the "Changes or Amendments" section. Sue Doylen entertained a motion to accept the April 10th minutes with note amendments, a move to accept the April 10th minutes was made by Eric Blackhurst and seconded by Lee Kundtz. Changes or Amendments The following amendments were requested to the April 1 Oth meeting minutes: Add a statement that Ed Kitchen, when asked about whether information received was adequate to make a bid - that he stated it was adequate. (Page 2). Page 3 change "Trim the windows" with fir instead of fur. MONTHLY FINANCIAL REPORTS - Cleave Street Financial statements for Cleave Street were handed out and reviewed at the meeting. - EPHA Management Company EPHA Board Meeting Minutes Page 1 May 8,2002 The Board reviewed the financial statements. The Board was requested to approve expenditures for Rich Ekwall's time and expenses on the Estes Park projects. A motion was called to approve Rich's expenses (presented via invoice. Lee made a motion to approve the invoices, Jack seconded. A vote was called. Unanimously approved. Eric Blackhurst moved to approve both the financial statements for Cleave Street and EPHA Management Company; Lee Kundtz seconded the motion. Financials Accepted. COMMITTEE REPORTS Communications to Report - The Board received a note from the Bank of Colorado thanking EPHA for their business. The EPHA-closedbridge ld-asfor-the purchase-of all three properties,-Dry-Gulch-Village - - -- th Lots 3 & 4, and Wildfire Ridge, on April 26 . - The current manager of the Boarding House Kennel, Christie Palmerton, stated that they would like to remain in business where they are located; at the southeast corner of the Wildfire Ridge site-. The Board noted that EPHA is the managing partner for the Estes Investors, LLP and that this request will be forwarded onto the appropriate building committee for consideration. - jean read two financing acknowledgement letters. One from CHFA granting our tax credit request for Lot 3, Dry Gulch Village Apartment Homes. The second letter was#om Governor Owens, congratulating EPHA on the DOH/Housing Assistance Council approved financing request for Lot 4, Dry Gulch Village. - Federal Home Loan bank is also another potential source of funding. An application has been submitted and a response is expected sometime in June. Fannie Mae is not able to assist EPHA with financing these projects because of their requirements. Funding Partners also had strict requirements that were nbt to the benefit of EPHA. DEVELOPMENT UPDATES · Rich Ekwall presented a handout listing general contractors who have requested plans for Dry Gulch Village. There were two General Contractors in the Estes area who have requested plan sets (Cornerstone and Fox Creek Builders). Deadline for RFP's responses is May 2nd. John Hancock visited the Lot 3, Dry Gulch Village site last week and would like to be considered for purchasing the tax credits in the future. Rich Ekwall is rdquesting approval from the Board on a Letter of Commitment to Cornerstone Engineering for the infrastructure bid amount of $712,625.72, providing other conditions of approval are met. The DOH Environment Assessment requirement must be complete prior to EPHA Board Meeting Minutes Page 2 May 8,2002 entering into a contract and beginning construction. This letter of commitment will show a good faith effort from EPHA to contract with Cornerstone once all DOH requirements are fulfilled. Sue Doylen called a motion to approve the letter of commitment to Cornerstone. Karla Porter moved to approve signing the letter to Cornerstone, Eric Blackhurst seconded. Unanimously approved. Cornerstone provided an original bid which was reconfigured to include the new Davis Bacon wage increases and the change in Red Tail Hawk Drive. The Board approved the new bid of - 702,360 plus the cost to construct the sport court and sidewalks to it for an additional $10,000+/. The Cornerstone bid is under the original EPHA budget estimate. Any contingencies will be separate and carried as an Owner Contingency in the budget, not as a General Contractor contingency. Building Committee - Update A Development Services Agreement for Lot 3, Dry Gulch Village and Wildfire Ridge regarding development, construction, accounting, fees, hours, schedules etc. were handed out for the Board to take and study prior to the next Board meeting. The Board opted to have the respective project building committees review the Development Services Agreements and come back to the Board with recommendations. An organization chart was prepared by Jean Michaelson and handed out which shows the general structure of all three developments and the responsibilities and associations for each development. Jack Dinsmoor requested to be involved with the building committees. He will be added as a voting party for Dry Gulch Village. th A meeting request for the Building Committees was made for Tuesday, June 4 at 8:30A.M. This meeting would be to review the bids and make a recommendation to the Board on a General Contractor for Lot 3, Dry Gulch Village. A request was made by the Board for a common calendar to show events relative to each project. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Jean Michaelson reported on a proposal received from GMAC. Joe Wise (owner) wrote a proposal on how the GMAC office is willing to assist EPHA with marketing the Wildfire Ridge development. GMAC has supported us greatly in the past. A copy of the proposal will be handed out and further discussed at the next Wildfire Building Committee meeting. Whoever markets the Wildfire development should have knowledge and input on marketing related elements and act in an advisory capacity on the building committee. The Board would like the Architect involved with the listing agent at the beginning to get very familiar with the property to provide feedback as well. EPHA Board Meeting Minutes Page 3 May 8,2002 ADJOURN Sue thanked non-Board attendees. A motion to go into Executive Session was requested by Sue Doylen. Karla Porter moved to adjourn to Executive Session to discuss C.R.S. Section 24-6-402(4)(g) for document consideration and Eric Blackhurst seconded the motion. The following statutory citations were cited in reference to topic discussions in the Executive Session: C.R.S. Section 24-6,402(4)(g) For consideration of documents protected by the mandatory non- disclosure provisions df the Open Records Act under C.R.S. Section ' Topic of Discussion: Document Consideration Matter to be Discussed: Same as Above ' The meeting adjourned at 9:46a.m. Respectfilly-subRiitiEd, Staci MWalker-Pence Loveland Housing Authority/Estes Housing Authority Executive Assistant EPHA Board Meeting Minutes Page 4 May 8,2002 aRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 18,2002,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Cherie Pettyjohn, Commissioners Wendell Amos, DeeDee Hampton, Joyce Kitchen, Edward Pohl, Ed McKinney, and Dominick Taddonio Attending: Chair Pettyjohn, Commissioners McKinney, Kitchen, Pohl, Amos, and Taddonio Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott and RecordiAg Secretary Williamson Absent Commissioner DeeDee Hampton, Town Board Liaison Habecker Chair Pettyjohn called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated May 21, 2002. b. Development Plan 02-16 and Rezoning, Taharra Mountain Lodge - continued to the July 16, 2002 meeting at the request of the applicant. It was moved and seconded (Amos/McKinney) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. PUBLIC COMMENT None. 3. AMENDED DEVELOPMENT PLAN 02-06, GOLDWATER CONDOMINIUMS. LOT 1. STAUFFER SUBDIVISION, Applicant: Hillery Parrack Commissioner Kitchen excused herself from discussion and voting due to a conflict of interest. Planner Shirk reviewed the staff report. Planning staff approved a staff level review for the Coldwater Condominiums in February of 2002. The proposal included two duplexes, totaling four units, located along the south bank of the Big Thompson River on Riverside Drive. Approval included a minor modification to allow a portion of the driveway to be located in the landscape setback. The applicant requests a minor modification, per Section 3.7 of the Estes Valley Development Code, to allow a twenty-five (25) percent encroachment of a portion of the driveway in the landscape setback. A retaining wall will conceal part of the driveway. Approval would allow the drive to be located 11.25 feet from the edge of the right-of-way instead of the 15 feet normally required by the Code. It is staffs opinion that there are special circumstances that exist. The lot is relatively narrow and has a fifty (50) foot river setback on the opposite property line. The applicant would like to leave the structures in the proposed location to preserve a large Ponderosa Pine tree. Moving the driveway closer to the right-of-way would allow easier turning movements for the two eastern units. The development plan falls within the maximum Floor Area Ratio (FAR) and impervious coverage requirements. Joe Coop of Van Hom Engineering was present to represent the applicant and answer questions from the Commission. Mr. Coop advised that the retaining wall between the highway and the driveway will vary from 1 foot to 3 foot. Public Comment: None. It was moved and seconded (Amos/McKinney) to approve the amended Development Plan 02-06, Coldwater Condominiums, Lot 1, Stauffer Subdivision and it passed unanimously with one absent and Kitchen abstaining. BRADFORDPUILISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 18, 2002 Page 2 4. SPECIAL REVIEW 02-02, VOICESTREAM. SW 1 /4 OF THE SE 1/4 OF SECTION 25, T5N, R73W OF THE 6TH P.M. CONTAINING TEN ACRES MORE OR LESS AND NE 1/4 OF THE NE 1/4 : Sl/2 OF THE NE.1/4: El/2 OF THE NW lM ALL IN SECTION 36, T5N, R73W OF THE 6TH P.M., PROSPECT MOUNTAIN, Applicant: VoiceStream Wireless Planner Shirk reviewed the staff report. This is a request by VoiceStream Wireless to construct an unguyed and unlit, ninety-five (95) foot tall tower on top of Prospect Mountain. The proposed tower would be able to hold up to four wireless service providers. The applicant has had discussions with AT&T, who wishes to place antennas at the top of the tower. VoiceStream wolild then place antennas slightly below that, and two additional locations would be available for future providers. Currently, VoiceStream Wireless has two (2) existing facilities operating in Estes Park. The sites are limited, and allow no room for expansion. The proposed site would increase th4 coverage area in Estes Park by six (6) times, and eliminate*the need for one of the existing sites located at 1271 Range View Road. This proposal meets the requirements of Section 3.5 "Special Review Uses" of the Estes Valley Development Code by mitigating to the maximum extent feasible, potential adverse impact on nearby land uses and the environment. This proposal would have no adverse impacts on public facilities and services. Nearby land uses would be minimally impacted. The proposed antenna is internal td the parcel on whith it is- to be located, and would be approximately 850 feet from the nearest-property line. A new antenna tower is a permitted use in the "RE" district; however the development code states this is the least preferred commercial mobile radio service (CMRS) facility. New CMRS facilities must use the most preferred facility type (co-location) where technically feasible. The applicant has submitted a written statement addressing there are no otherco-location sites available, and a new tower is the only option t6 provide adequate coverage. The proposal complies with the required setback of 100% of tower height, as well as, meeting the development code design requirements. The extent of site disturbance will be minimal and limited to the lease area with approximately 10-12 trees being removed. The tower will be designed to accommodate four (4) antenna clusters at different heights, which exceeds the co-location standards set forth in the development code. This request has been submitted to all applicable reviewing agency staff and no significant issues or concerns were expressed relative to code compliance or the provision of public services. Scott Kennedy a consultant for VoiceStream Wireless was present to represent the applicant and answer questions from the Commission. Mr. Kennedy discussed the reasons a location on top of Prospect Mountain is a good choice for an antenna tower. Commissioner Amos questioned whether all the antennas on top of Prospect Mountain are cell antennas or if the local radio station could co-locate on a tower. Chris Tenny, radio frequency engineer, stated the antennas use radio frequencies, therefore h radio station could 60-locate. However, radio stations require higher power than the current cell towers; therefore this could be a limiting factor for a radio station wishing to co-locate on this particular tower. Public Comment: None. It was mov6d and seconded (Amos/Kitchen) to recommend approval to the Board of County Commissioners of Special Review 02.02, VoiceStream, SW 1/4 of the SE 1/4 of Section 25, T5N, R73W of the 6th P.M. containing ten acres more or less and NE 1/4 ofthe NE 1/4 ; Sl/2 of the NE 1/4; El/2 of the NW 1/4 all in Section 36, T5N, R73W of the 6th P.M., Prospect Mountain with the following conditions, and it passed unanimously with one absent. 1. Existing VoiceStream "Brown" site located on 1271 Range View Road shall be removed within six (6) months of completion of new tower. A letter from the applicant shall be submitted to the Community Development Department verifying removal of the tower. Failure to remove tower shall render this approval null and void. 2. The applicant shall not exclude other providert from co-locating on the tower when co-location is structurally, technically or otherwise possible. The County Comblissioners may revoke a tower building permit or other administrative approvals if conditions for approval of an antenna tower include co-location but: BRADFORD PUOLISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 18,2002 Page 3 a. The tower owner in not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the tower or cause interference; or b. The tower owner modifies the structure in a way to make the co-location impractical or impossible. If approval is revoked, the facility must be removed at the owners' expense. 3. This facility shall be considered abandoned if it is unused by all providers at the facility for a period of 180 days. The Community Development Director shall determine if the facility has been abandoned. The Community Development Director has the right to request documentation from the facility owner regarding tower or antenna usage. Upon abandonment, the facility owner has 90 days to: a. Reuse the facility or transfer the facility to another owner who will reuse it; or b. Dismantle the facility. If the facility is not removed within 90 days of abandonment, the County may remove the facility at the facility and/or property owner's expense. If the facility is removed, County approval of the facility expires. 4. The facility shall comply with the standards of the Estes Valley Development Code, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Aviation Administration. 5. Approval does not include manned offices, long-term vehicle storage orotheroutdoor storage, or other uses not needed to send, receive or relay transmissions. 6. Signage at the site shall be limited to non-illuminated warning and equipment identification signs. 7. There shall be no exterior lighting on the tower, associated buildings, or lease area. 8. Limits of disturbance shall be designated in the field before commencement of excavation, grading, vegetation removal, or construction with construction barrier fencing or some other method approved by Staff. 9. Disturbed areas shall be revegetated with native grass mixture before final building department inspection. 10.Antennas and tower shall be gray in color. If painted, equipment color shall be maintained. 11.The following shall be included with building permit submittal: a. A letter, signed and stamped by a structural engineer licensed in the state of Colorado, stating the tower will be able to structurally support antenna panels on all co-locate areas. b. A letter, signed by a registered Radio Frequency engineer, stating the co- locate locations are valid. 12. Compliance with a revised site plan to contain the following: a. Accurate vicinity map. b. Elevation drawings shall include locations for future co-locates. c. The following signature block: OWNER CERTIFiCATION: The undersigned, being the property owners, do hereby agree that the real property as described in the application for Special Review filed herewith, and as shown on this site plan, shall be subject to the provisions of Section 5.3.T "Wireless Telecommunications Facilities" of the Estes Valley Development Code and any other ordinances pertaining thereto. (include owners signature and notary) COUNTY COMMISSION APPROVAL: DATE: Lo Timer County Board of County Commissioners Kathay Rennels, Chair 5. ELECTION OF OFFICER It was moved and seconded (Kitchen/McKinney) that Wendell Amos be nominated Vice Chair to serve out the balance of Commissioner Hampton's term, and it passed unanimously BRA'FORD.U.LISHING.0 RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 18,2002 Page 4 with Amos abstaining. 6. REPORTS None. There being no further business, meeting was adjourned at 2:00 p.m. Cherie Pettyjohn, Chair t Jacquelyn Williamson, Recording Secretary - - 1 -- r W, a RESOLUTION NO. 16-02 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleysl and any land owned by the annexing municipality. Such area, if annexedl will be known as :'TAHARAA MOUNTAIN LODGE ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 2, AND THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 NORTH, RANGE 73 WEST OF THE 6th P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 4 NORTH, RANGE 73 WEST; THENCE N 85°29' W 890.95' TO THE SOUTH RIGHT-OF-WAY (ROW) LINE OF STATE HIGHWAY NO. 7; THENCE ALONG SAID SOUTH ROW N 54°07'01" W 270.80' TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH ROW S 35°52'59" W 555.46' TO THE EAST ROW LINE OF STATE HIGHWAY NO. 7; THENCE ALONG SAID EAST ROW 606.31' ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 623.58', SAID CURVE HAS A DELTA ANGLE OF 55°42'31" AND IS SUBTENDED BY A CHORD WHICH BEARS N 35°22'15" W A DISTANCE OF 582.71'; THENCE DEPARTING SAID EAST ROW NON-TANGENT TO THE CURVE N 03°11'00" E 239.00'; THENCE N 81°21'45" E 250.33' TO THE SOUTH ROW LINE OF STATE HIGHWAY NO. 7; THENCE ALONG SAID SOUTH ROW 102.89' ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 623.00', SAID CURVE HAS A DELTA ANGLE OF 9°27'45" AND IS SUBTENDED BY A CHORD WHICH BEARS S 49°23'58" E A DISTANCE OF 102.77'; THENCE CONTINUING ALONG SAID SOUTH ROW S 54°07'01" E 400.00' TO THE TRUE POINT OF BEGINNING. COUNTY OF LARIMER, STATE OF COLORADO. Containing 5.67 Acres. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C. R.S., the Town Board Public Hearing shall be held Tuesday, August 13, 2002 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado*, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. DATED this 901 day df Julv , 2002. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 7€46 440« I 4 446 R L= 806 DELT CHB=1' (CHB= CH=582 PEAK VIEW A 4 QO CARRIAGE HILLS MARY'S /'-- LAKE 4% 1. e 46 GREY FOX 00 4/04¥ SCTE· , Vicinity Map NOT TO SCALE 440*34 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner I and Bob Joseph, Director Date: July 2,2002 Subject: Supplemental Condominium Map for Park River West, Phase 11, Richard H. Wille TrusVApplicant. Background. This is a supplemental condominium map application for Park River West, Phase 11, Park River West Subdivision. Phase 11 consists of Units 654 and 656, Building 7, located on Lot 2, Park River West Subdivision. The site is adjacent to River Rock Condominiums on Moraine Avenue (CO Highway 36). The Richard H. Wille Trust owns Lots 1 and 2 of the Park River West Subdivision. Both lots are zoned "RM" multi-family residential. The condominium map is consistent with the approved development plan. Location Map The Town Board approved the preliminary and final - p--7 /1 1 Lul&48= condominium map for Park River West, Phase I at ~l-1 7 1 .0,84-1/1-4 4- the April 9,2002 meeting. 1 I River RockICondominiums 3*<4;<de&21$:€ f =9„24Ridgi / 1 ...00,91 Y' VP'\ 2.7 Budget. 9--*-·,._ 1,¢:Pi ' ><ViVer# None. Action. ..#7 1 \ \ 0 1 27// 11-IL-11[1 ~ Park River We,LL. Approval of the Supplemental Condominium Map. >01 1 = /1 E--Irp==~F#~\ / 1 lili„ 1 ~13(DEOVE-=4 JUL - 2 2002 1 July 1, 2002 Mayor John Baudek Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Baudek, The Estes Park Area Historical Museum Advisory Board, after advertising the positions and meeting with the applicants, would like to recommend the following candidates to fill the vacancies on the Board. 4 year terms (ending-Beeember- ) Joan Palmer Mike Oline Betty Lynne Hull T have enclosed copies oftheir applications for your perusal. Thank you for your consideration of this matter. Sincerely, ~61*) Ngrr(.3 Susan Harris Secretary EPAHM Advisory Board TOWN OF ESTES PARK ESTES PARK AREA HISTORICAL MUSEUM ADVISORY BOARD . e. . APPLICATION · · -2, Name M !614·ME--1-< (MMEN 10. OUNL Meads /8,0 -24461/ AVE. , 8646 PAAKJ M. 8©517 Telephone 0 970-577-996 / E-ma\\ 410 6-ne. / c.fljrter. fled: Why are you interested in serving on the Museum Advisory Board? Ag57 , 77115 ts A-GE,-A-r doMM~NITY A-ND 7 UKETo rtedp ou-r. S E.Co R D 7-64:RE- m A to-7 0 6 6,2EAr /+167-0 ky 04-1?* 6. . 7'*As tao u LB 8 0. A 60,>D (MA+J c£_ -CO 4~.7 6-Ws *2 r-O ™14-r AN]~ ALSO #ELP 01*r 17.·tk M taiuM C A- 14)AN -70 CM,VE- SAL* 61't) 77#* AA[ASSLuM Fble -n·118> IENJOYMENT 1 +M,JE -#*b 7}41€26 , What is your background? FoR- ZW£- 2-AsT It '; LAAS L }+Al £ h)ORK Ea IN MARKert#(t /N 'rift Olt- 845-825. 1 #09£00 UP }+EA€ 297_ 96€25 A€.0 807 Sy,LL- dibu*un 70 DENVAE. L HAVE k WITE E /2 1AAE DLE> DAu& *fEE. I. 0)6>W wrnA do)*PUTrE#& (157 NG• <MAiNLM WORDj BU7 po uSE- 50,AE- 6%0£1.-. L Also 645£ 1%*. 068 71 6*A+82 /NFDAM A:rlod. 1 VDLUM-DE¥-A]ED 11)1 VOUkkt-rEGIES POE uITDOO £ 601-0Rk>o AUR )986 To -=7 ' S€62 Buk. 0 Why should you be appointed to the Board? S A.P P€€u*TE 7!+£ Als¥0£9 oF Es-rts nklf AuD 714* RDLE 7-41 M,US €11.M PLAN¢5 / 4 BEARI•*4 -04* - 1742€144 1 A+A 4ern N 4 1:0 KU 00 -rMT· PE©FLE_ o FZ 111* N)U,Au-U rry A-N D F~£6-1.- 1 4101£69 M A-K E DE/Ast ONS 7'0 WEE-taP 77+6 AA,US Eu,A A-ND teN.Wu/77 AN b A{-s© PUT FoRritt -r!·4*_ e ORK )416-ck SS Artel 70 51-& MORA -T*A+1 tutrr 4 NA+4_ oN A- usr . I am willing to serve a 4-year term 3-year term Either ~>6 The Estes Park Area Historical Museum Advisory Board is appointed by the Estes Park Mayor to work with the museum director in an advisory capacity for the administration of the museum department, including, but not limited to, drafting policy, collections, long-range planning, budget and finance. The Board meets quarterly. Please return to: Estes Park Area Historical Museum, POB 1691, 200 Fourth St, Estes Park, CO 80517, 970/586-6256 by February 28,2002. Fax: 970/577-3768. 744"K you FoR- Youe COA/.SIDEAAFT/ON - '4, r / AM,} AD- /L££4*J/••v - J BAC*4 AD-10 6&1-7.2 /986-/99¥ ANP WAs A 41eul h)7££,e OF- 7016- 9€04< /,l/ /9810 --ZI 742?R¢13,(*04~09;<Vl< *7242~~,4.24 v:j W,794 ea,als:de'.4/1 s-7klE~ f Ae*6 ·3:1UkrhAR#ott ,*0¥)114 ofi~ 't~~~* I. 4+A W/7;p,ji# j;~*t A-i~J+Akli~10*0- u,W.s· + - *3 40 d*4651/79 . 4.\ t 14:19. C > b.h i , « 4,\ i r CA I. . I n. I ... - . ./ ..1%' . . .:. *3 . 4 I . . . :14 I ":I :-3- I. ..:3 . .. I . I el. 7 4-->0·, i 1 -4 , \ 6~ .. ...# . 4 I. 1 ,/ I -I. 4 - I . . X. 'MAR-04-02 11:44 AM AMBASSADOR.PRINTING 303 428 0245 P.02 TOWN OF ESTES PARK 5 ESTES PARK AREA HISTORICAL MUSEUM ADVISORY BOARD APPLICATION Name OOAN PALmerk Address 4qao C.(27 St r€Q. f- IDer,O•v SOARI Telephone 0303-491-0530 E-mail ~ed 05 2'-1 ~ aol· c ovn Why are you interested in serving on the Museum Advisory Board? S~<0701 ir~&090 st iw (1\ 09 euvn mussion A n 8\1 phagof - RAYPABL er(£,Catio\A ·90 HAYafsivit~ ferspectiag o. Faci\144 use_ and viled ·90.- . expav«~O,A Sug<nv# of 's+ro,r,1 s:Aa€F What is your background? 46\0##te,r at EPAH(n .ine.e. 149(.6 Vblen\·44.v- Coov eliv,atev/ 888#2<Lova Rernaeov at M,3.41,]UA 4/44 - I / 94 . E.PAHM F,;0*Ar Soavd %941 - 60 0 f..Wred ele,r·.O 146,Y school t€-achef (Adams 304 50 1 · unfunkeer 44 Colwa46 646,4-ovv mos•-0 m · doce,at 6* 'Mus e.ovn 20•"te.viv *Meou,n Ar .79€200.9 fA,of Lot~ eR (Va#oval Uritor•~ C\O 7 eiLS r j Why should you be appointed to the Board? - .In A e. res \- - -r.94\)0 40 0* - ..CD,clic Adhow in 4&4. miffie\,• r..7 460 Mose uvn - O-E€er a h<naelp,r ,po es: Ipo clifjo LA,(t~A <,tho T - Vo\ovhe< rn{,scu.Jv,A e y ~OF, ev\C 4- - (16*..24 mo .9 +a +A q. se,ruic, 7 41*0 recpkE-Cl- I am willing to serve a 4-year term 3-year term__ Either 7- The Estes Park Area Historical Museum Advisory Board is appointed by the Estes Park Mayor to work with the museum director in an advisory capacity for the administration of the museum department, Including, but not limited to. drafting policy, collections, long-range planning, budget and finance. The Board meets quarierly. Please return to: Estes Park Area Historical Museum, POB 1691, 200 Fourth St, Estea Park, CO 80517,970/586-6256 by February 28,2002. Fax: 970/577-3768 2-Zb-216]602 a:,IrM rKUM JIM MULL 303 730 9171 P, 1 . TOWN OF ESTES PARK ESTES PARK AREA HISTORICAL MUSEUM ADVISORY BOARD APPLICATION Name: Mrs. Betty Lynne Hull Address: 1723 Stonegate Dr. Estes Park CO 80517 Phone: 970-577-0272 email: jbhull@aol.com Why are you interested in serving on the Museum Advisory Board? 1 have an understanding of and a deep appreciation for Colorado's unique history. But even beyond that, I admire our extraordinary Estes Park Historical Museum and the effort of so many who make it so respected statewide and successful. My husband and I have had retail businesses in Estes Park since 1972, and in 1999 we built our retirement home and moved here. So, Estes Park is now my community, and I am committed to supporting it with whatever expertise I possess. What is your background? - --The Meat & Potatoes Inio-- Education: B.S. University ofColorado (with a minor in History) 1965 M.A. University ofColorado Library Science 1976 Career: Teacher & Secondary Librarian Denver Public Schools Denver, Colorado 1966-1999 ~And the Grag-- * I undertook various historical research projects while I was a member of the Speakers' Bureau for the Colorado Historical Society summers of 1979-1984 * I am a published author- "Cobwebs & Crystal" Pruett Publishing 1982 Non-Fiction- Colorado History (this is accepted as a standard reference work on Colorado's Victorian-era Hotels-- including, of course, a chapter on the Stanley Hotel). * I have fnished a carefully researched historical novel about Martha Jefferson, which has thus far caught the interest of several literary agents although it has yet to be sold. C naa. '} A.C. h 2-25-2002 4:11 YM r KUM J iM MULL 303 730 9171 P. 2 ..-4 . , . * I am presently.finishing a second non-fiction book on Colorado history entitled "Bitch Gardens: Where a Quarter Bought a Day ofDreams". * I am the Park Historian, A.rchivist & Research Consultant for 112 year old Six Flags Elitch Gardens Amusement Park' in Denver. 1994- Present --I am the Park's first historian, and therefore have created my own job description. It has been and continues to be an extremely valuable and rewarding experience and requires a working knowledge of formulating policies, long-range planning, and budgeting in addition to the actual creation and cataloging of archives. I also have had to master the ability to , smoothly achieve consensus among groups and individuals with differing agendas -- r--- Why should I be appointed to the Board? I believe I have expertise needed for this advisory position as well as the willingness to commit the time and effort it will entail. I am willing to serve: either a 3 or 4 year term as the Mayor pleases. /36 4/10 1 r nn.. 1 04- 2 -3 .. . MEMO TO: Town Board FROM: Gregory A. White DATE: July 8,2002 RE: Hearing Officer - Personnel Matter BACKGROUND: The Personnel Policy Manual of the Town of Estes Park provides that an employee has the right to appeal the Town Administrator's decision with regard to any disciplinary action against said employee. Upon filing of the request for an appeal, the Town Board shall appoint a hearing officer to hear the appeal. An employee has appealed Town's Administrator Widmer's affirming of the disciplinary action against said employee. It is necessary for the Town Board to appoint a hearing officer. I am recommending to the Town Board that Daniel C. Muffly be appointed to act as Hearing O fficer. Mr. Muffly is fully qualified to handle this type of matter as he is an attorney whose area of expertise is employment law. Mr. Muffly practices in Ft. Collins. Accompanying this memorandum is a copy of Mr. Muffly' s resume. BUDGET IMPLICATIONS: Mr. Muffly's fee is $175.00 per hour. This hourly rate is appropriate for this type of work. The total amount of Mr. Muffly's fee would be determined by the number of hours he devotes to the appeal. STAFF RECOMMENDATION: Staff recommends the appointment of Daniel C. Muffly as Hearing Officer.