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Home My WebLink AboutPACKET Town Board 2003-03-11Prepared 03/05/03 431 +P- The Miseion of the Town of Estes Park is to plan and provide reliable, hi0h-value eervices for our citizens, visitors, and employees. We take 0reat pride ensuring and enhancir,0 the cluality of life in our community by being good etewarde of public resources and natural eettinG. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 11, 2003 7:00 p.m. AGENDA Demonstration: Emergency Beacon Light Program - Sr. Electrical Engineer Matzke. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 28,2003. 2. Bills. 3. Committee Minutes: A. Public Safety, February 26,2003. B. Community Development, March 6,2003: Special Events Dept.: 1. Contracts: â€¢ Rocky Mountain Miniature Horse Show, 6/18-22/03 â€¢ Cutting Horse Show, 6/27-7/1/03 â€¢ Copper Penny Hunter-Jumper Horse Show, 7/18-20/03 2. Parade Permits: â€¢ Rooftop Rodeo, 7/8/03 â€¢ Scottish Festival, 9/6/03 â€¢ Catch the Glow (Christmas), 11/24/03 4. Estes Park Housing Authority, January 8,2003 (acknowledgment only). 5. Estes Valley Board of Adjustment, February 5, 2003 (acknowledgement only). 6. Estes Valley Planning Commission, February 18, 2003 (acknowledgement only). 7. Swanhorst & Cutler LLC - Approval of 2003 Engagement Letter for audit services. 1 Continued on reverse side l A. PLANNING COMMISSION AGENDA (Approval of) Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. FINAL CONDOMINIUM MAPS: A. Sunset Ridge Condominiums - Supplemental Condominium Map #3, Portions of Lots 6 and 10, Block 10, Town of Estes Park, Roy and Michelle Johnson/Applicants. 2. DEVELOPMENT PLANS: A. The Lodge at Black Canyon Hills Condominiums - Extension of Vesting Period for Development Plan #00-03, Lot 1, Mount View Park Addition, and a Portion of Meyer's Addition, James ' Sloan/Applicant. 2. ACTION ITEMS: 1. ROCKY MOUNTAIN CHURCH SPECIAL REVIEW #02-01, LOT 1, MARY'S LAKE SUBDIVISION - DISCUSSION OF LANDSCAPING REQUIREMENTS. 2. 2003 ORGANIZATIONAL CHART - PRESENTATION. Town Administrator Widmer. 3. TOWN ADMINISTRATOR'S REPORT. 4. REQUEST TO ENTER INTO EXECUTIVE SESSION: 24-6-402(4)(e), C.R.S. - Purchase, acquisition, lease, transfer or sale of any real, personal or other property interest and determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators. Motion: I move the Town Board go into Executive Session for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. 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Meeting held in the Municipal Building in said Town of Estes Park on the 25~h day of February, 2003. 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 State Senator Steve Johnson and State Representative KeviA Lundberg Larimer County Commissioners Tom Bender, Glenn Gibson and Kathay Rennels Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and introduced State Senator Steve Johnson and State Representative Kevin Lundberg. Senator Johnson noted his appreciation for the cooperative working relationship with Estes Park, and reported on major budget cuts in 2003 and 2004 (a portion of the tourism funding has been retained); a new bill that would allow an Estes Park Marketing District to be formed; and an affordable housing bill where he is working with Town Attorney White to ensure Estes Park and his district will not be harmed should the bill be passed. Representative Lundberg expressed his appreciation to the Town for their hospitality this evening, and he commented on his first few weeks of office, his District 49 (Estes Park district), and he encouraged residents to contact him by e-mail: kevin@kevinlundberg.com. Assistant Town Administrator Repola provided a summary of the Citizens Information Academy (CIA). A graduation ceremony followed, with Mayor Baudek presenting Participation Plaques to the following: Peter F. Bolay Peggy Campbell M. Paul Garrett Mary Ellen Garrett . Kay Gibbs Bruce Grant Alice Gray . Charles B. Hall Barbara Hoffman Wes Hoffman Sarah Holdt John C. Mason Dennis Minard A. Joe Minker Ralph Nicholas Marlys Poison Andrew Purdes Joan Sapp Don Saucier David Tavel, Board of Trustees - February 25,2003 - Page 2 Everyone in attendance was invited to attend the Graduation Reception planned in the Lobby during Intermission. PUBLIC COMMENT Mary Ellen Garrett commented on the CIA Academy, complementing staff for a job well done, and announced a Community Forum March 6'h to discuss the pros and cons of the potential war on Iraq. TOWN BOARD COMMENTS , None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 11, 2003. 2. Bills. 3. Committee Minutes: A. Utilities, February 13, 2003: 1. Black & Veatch Consultants - Scope of Services for Light and Power 5-yr. Financial Plan, $9,800. 2. Cornerstone Engineering - Scope of Services for Marys Lake Raw Water Pump Project, with Cornerstone acting as General Contractor, $706,150, plus $10,000+ for the cost of a Performance and Payment Bond. B. Public Works, February 20,2003: 1. Proceed with Community Reinvestment Fund Projects: Sidewalk Heater Installation, $25,000, and Audible/Visible Pedestrian Countdown Timers at Moraine/Elkhorn Avenues, $8,000. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. JOINT MEETING WITH LARIMER COUNTY COMMISSIONERS - INTERGOVERNMENTAL AGREEMENT - LARIMER COUNTY OPEN LANDS SALES TAX DISTRIBUTION. Mayor Baudek introduced County Commissioner Tom Bender who then introduced Glenn Gibson and Kathay Rennels. Town Administrator Widmer and Larimer County Assistant Administrator Neal Gluckman reported that the objective of the IGA is to equitably distribute to Johnstown and Windsor a proportional - share of the Larimer County Parks and Open Lands sales tax collected from businesses within those communities. The original concept of the open lands sales tax included a sharing of the revenues from the tax with the communities in the county for use on open lands and parks projects. The ballot specified that the sales tax must be distributed 55% to the municipalities and 45% to , Larimer County. The municipality's share is based on either the proportion of tax collected from the municipality or the proportion of county population residing in Larimer County, whichever is higher. When the ballot passed, there were no municipalities straddling the County line. A clause in the ballot language stated that the share-back provisions of the ballot apply to municipalities wholly within Larimer County. Since that time, Windsor and Johnstown have annexed into Larimer County, and Berthoud has annexed into Weld County. Berthoud has continued to receive a share of the open lands tax; however, Johnstown and Board of Trustees - February 25,2003 - Page 3 Windsor have not, even though businesses in those towns within Larimer County do collect the sales tax. Johnstown and Windsor do not have a funding source for open lands projects, thus their ability to partner with the County and other jurisdictions on projects has been limited (matching funds for other dollars, such as GOCO). Therefore, the proposal is for all the communities in Larimer County to enter into an Intergovernmental Agreement to allow Johnstown and Windsor to receive a share of the open lands sales tax revenue collected from businesses in their communities. Additionally, the County wolild take the previous pool of funds and recalculate the distribution. In Town Attorney White's memorandum dated 2/13/03 concerning Paragraphs 4 and 6 of the IGA and potential TABOR implications, he requested the following amendment: "The municipalities of Loveland, Fort Collins, Estes Park, Berthoud, Timnath, and Wellington wish to pay..." to "... to relinquish its portion of the tax to Windsor and Johnstown. Commissioner Rennels confirmed that the amendment would be submitted to the County Attorney. As there were no public comments, it was moved and seconded (Newsom/Doylen) the IGA, as amended by Town Attorney White, be approved, and it passed unanimously. 2. ROCKY MOUNTAIN NATIONAL PARK UPDATE. RMNP Superintendent Vaughn Baker briefed the Trustees on the following: (1) drought (RMNP is 85% of normal due to recent snowfall); (2) Elk Management Plan (previously approved by the Town Board) will soon be approved by the Colo. Div of Wildlife and Larimer County. The next step will be the public meeting process; (3) testing has commenced on "Chronic Wasting Disease"-testing is slow-moving as a veterinarian must be present; (4) the "fast-pass lane" at the Beaver Meadows entrance was disrupted, however, the project is now on course and should be available to annual pass holders by the end of March; and (5) a decision is imminent on the Twin Owls access. Tony Schetzsle, Assistant Supt., reported on: (1) pursuant to a fee demonstration, RMNP will retain 80% of entrance fees for projects inside RMNP; (2) distributed copies of the 2003 Facility Management Projects by Location at RMNP: the Bear Lake Contract will bid 6/3/03 with a completion date of 10/04/03; (3) a fire map was displayed-4 prescription burns are proposed (181 acres) and the Park must follow stringent State regulations. Staff anticipates establishing a permit process by this spring that would allow public access to and removal of stacks of firewood. (4) On February 20th, the Dept. of Interior released budget funding; and (5) the continued use of snowmobiles in RMNP has been approved for over 100 miles' of trails on adjacent Arapahoe Forest and a 16-mi. route on Trail Ridge Road to Milner Pass. Mayor Baudek expressed the Board's appreciation for the reports. 3. ESTES PARK VOLUNTEER FIRE DEPARTMENT 2002 ANNUAL REPORT. Fire Chief Scott Dorman presented the Department's 2002 Year-End Report: Election of Officers (Daryl McCown, 1st Assistant Chief, Robert Himing, 2nd Assistant Chief, Will Birchfield Secretary, and Doug Deats Treasurer), Financial Report, Training Report and Incident Run Report. Following further clarification on EMT calls, the limit of 40 members due to Pension Fund festrictions, Mayor Baudek commended the Chief for the report and EPVFD for a job well done. Board of Trustees - February 25,2003 - Page 4 Mayor Baudek announced an intermission at 8:05 p.m. in honor of the CIA Graduates. Mayor Baudek reconvened the meeting at 8:25 p.m. and read a plague honoring Cory Blackman for his service to the Town as a member of the Marketing Advisory Council and Advertising Policy Committee, 1998-2003. 4. PUBLIC HEARING: KNOLL-WILLOWS MASTER PLAN. Mayor Baudek opened the public hearing, and Community Development Director Joseph presented the Executive Summary of the Knoll-Willows Master Plan: contains approximately 20 ac., it is in a natural state, the Willows portion is a wetlands and riparian area, the uplands portion is referred to as the "Knoll", the site contains two historic structures-both built by Al Birch in the early 1900's, and an existing small cabin at the edge of riparian area is in good condition. Director Joseph reviewed the history of the project, including the roles played by the Estes Valley Land Trust (contribution of $210,000 toward the land purchase); the Knoll-Willows Conservancy Group; Citizens Knoll Advisory Council, and the Town. The Council is to be commended for their willingness to join the process. The Mission Statement was read aloud, and a review of the Goals, objectives, Policies, Trails and Use Restrictions followed. The Master Plan strikes a balance between accommodating enjoyment of the site and deferring protecting natural character of the site. The cost for final design and construction improvements is estimated between $300,000- $350,000. Construction could be phased if required, and funding is currently ' budgeted in 2003-2004. Discuision followed regarding historical uses on the cliff (Christmas display), parking, accessibility for able-bodied and disabled persons, as in other Plans, this Master Plan could be revised, and pets. Public testimony was heard from: M. Paul Garrett (public safety, particularly with thecliff area), Enda Mills Kiley (this is an outdoor opportunity for all to enjoy), George Hockman (suggested the handicapped designation of only two parking spaces, and that all the spaces be widened for use by handicapped and able-bodied persons alike.), Judy Haggard/League of Women Voters (supports the Master Plan and urged its adoption, and commended the Town, Knoll-Willows Conservancy, and the Land Trust.) Concluding all public testimony, Mayor Baudek closed the public hearing. It was moved and seconded (Newsom/Jeffrey-Clark) the Knoll-Willows Master Plan be approved. Trustee Habecker stated that although funding has been budgeted, this project may not receive top priority status due to the drought, economy, and wildfires. Town Administrator Widmer confirmed that approval of the Master Plan does not authorize the funding; plans/bids, etc. will be submitted to the appropriate committee for full consideration/review prior to any expenditure of funds. Mayor Baudek expressed his appreciation to EPURA, Land Trust, Advisory Council, and Town Board for helping to preserve "a jewel in our midst." The motion passed with Trustee Gillette voting "No." 5. MANAGER REGISTRATION - OLD'GASLIGHT PUB. 246 MORAINE AVE., HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk O'Connor reported that manager registrations are generally processed administratively, however, pursuant to the incidents reported by the Police Department on this application, it was being submitted to the Town Board for consideration. Police Chief Richardson added that the incidents occurred while the applicant was over the age of 18, and under 21. Town Attorney White explained the grounds for Board of Trustees - February 25,2003 - Page 5 denial and that such would not apply in this case as the incidents were not technically crimes, and the applicant was not convicted of a felony. Mr. Andrews noted he intends to run a family operation, that the bar will be managed by an older brother, and that he intends to participate in T. I.P.S. Training. Discussion followed on the flawed application and personal history record form; confirmation that the manager is subject to the same laws as is the licensee (LAB Properties, Inc.). For the record, Trustee Barker stated: "he is not concerned with the applicant's age, but that his decision-making process has been called into question by the choices the applicant has made. The Town Board takes underage drinking and serving very seriously. He will vote for approval of the application not because he supports the application, but because the Board does not have the ability to say no." Concluding all discussion, it was moved and seconded (Habecker/Newsom) the Manager Registration for Cavender Andrews be approved, with the applicant correcting and resubmitting his application and personal history form, and it passed unanimously. 6. TOWN ADMINISTRATOR'S REPORT. Economic Indicators. Administrator Widmer distributed year-end statistics on RMNP visits, traffic counts, transfer station, and sales tax revenues. As stated previously, the downward economic trend remains a significant concern. EPURA has begun work on economic proposals and they will be presented to the Town Board in the near future. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 9:40 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 26,2003 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 26th day of February, 2003. Committee: Chairman Gillette, TrOstees Jeffrey-Clark and Newsom Attending: All Also Attending: Town Administrator Widmer, Police Chief Richardson, Fire Chief Dorman, Police Operations Commander Filsinger, Support Service Manager Bartram, and Deputy Clerk van Deutekom Absent None Chairman Gillette called the meeting to order at 4:00 p.m. POLICE DEPARTMENT Municipal Court - Annual Report: Municipal Court Judge Brown presented the Annual Municipal Court Report for 2002. A total of 620 cases were heard by the Court resulting in fines of $29,453 compared to 583 cases and $27,674 in 2001. Parking fines processed during 2002 totaled $3,578, compared to $405 in 2001. Other areas discussed include community education programs, parking issues, and the Court's use of interpreters. Town Administrator Widmer expressed appreciation for the Court's assistance with a long-standing case involving an illegal building permit. The Court was instrumental in achieving compliance and resolving the dispute. Dispatch Commendation. Dispatcher Cicciarella received a commendation for a life-saving incident stemming from a non-emergent call to the Dispatch Center. Restorative Justice Review. Amanda Lee/Restorative Justice Executive Director briefed the Committee on the program. Items discussed include program funding and support, volunteers, current cases, and scheduled conferences. FIRE DEPARTMENT EPVFD Constitution and Bylaws and Standard Operation Procedures - Review. Chief Dorman reported that, since incorporation, the Dept. has been operating under its own Constitution and Bylaws that outline the administration, structure, and basic laws of the organization. Thd Dept. also established Standard Operating Guidelines (SOG's) to provide procedures for every fire fighting or emergency action plan. Historically, both the Constitution and Bylaws and the SOG's have been updated and revised as needed, reviewed by the Town Attorney, and then ratified by two-thirds of the membership. However, since the Town is ultimately responsible for all actions and policies of the Dept., staff recommends an endorsement from the Town Board for both these documents. The Committee recommends that the Fire Dept.'s Constitution and Bylaws and Standard Operating Guidelines be reviewed by Attorney White prior to presentation for Town Board endorsement. REPORTS. State Tire Bid. The State of Colorado recently included volunteer firefighters in the State Tire Bid program. Volunteers are now able to purchase tires for their response vehicles at the State's discounted prices. Knox Box System. Chief Dorman explained that this rapid entry system was specifically developed for Fire Dept.'s to gain access to commercial and residential RECORD OF PROCEEDINGS Public Safety Committee - February 26,2003 - Page 2, properties utilizing one master key. The Dept. has encouraged property owners to voluntarily install a Knox Box on their property to provide rapid access in the event of an emergency. The Committee directed staff to compile additional information regarding this entry system and present their findings at a future Committee meeting for further review. Instructor I Certification. Chief Dorman reported that he recently completed an accredited Instructor I Certification program that will enable him to certify the Dept.'s internal training. Aviation Resources Shortfall. Following the disastrous air tanker accidents that occurred during the 2002 season, 11 large air tankers have been permanently grounded and will not be replaced during the 2003 season. The remaining 33 tankers are undergoing extensive inspection and repair to prevent the structural problems that have occurred in the aging fleet. Chief Dorman noted that limited availability of lead planes and air tankers dictates that they be reserved for initial attack. Emphasis will now be placed on an increased ground attack to minimize acreage lost. Fire Academy. Chief Dorman presented the Spring 2003 Firefighter I Academy schedule. There being no further business, Chairman Gillette adjourned the meeting at 4:47 p.m. Rebecca van Deutekom, CMC, Deputy Town Clerk i RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 6,2003 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 6th day of March, 2003. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: Chairman Doylen and Trustees Barker (delayed arrival), Habecker Also Attending: Assistant Town Administrator Repola, Marketing Director Pickering, Museum/Sr. Ctr. Director Kilsdonk, Advertising Mgr. Marsh, Sr. Ctr. Director Thompson, Conference Services Coordinator Larsen, Clerk O'Connor. Absent: Special Events Director Hinze Chairman Doylen called the meeting to order at 8:00 a.m. ADVERTISING. Mgr. Marsh reviewed distributed sample spring magazine ads and reviewed the following: â€¢ Requests, for Information - 2002 Year End Report. Requests were up 11.35% from 2002; e-mailed requests for up 3%; WATS calls were down 15.43%, and advertising responses were up 5.47%. â€¢ Media Relations - Advertising value of newspaper clips and other stories was $314,937.00 for a program cost of $25,000. â€¢ Accomplishments for 2002. (Trustee Barker arrived at 8:14 a.m.) â€¢ Plan for 2003. Discussion followed on the affect of rising gasoline prices, economy, jobs, uncertainty of impending war, consumer confidence, travel tendencies, and media response. CONFERENCE CENTER. Dir. Pickering presented the Conference Center Year-end Report: 4 Attendance Usage from 1991 (10,985) as compared to 24,629 for 2002 (conference attendees is declining and local, civic and non-profits are increasing). The goal is to have 50% economic development conference use and 50% local use. 4 Average Occupancies (inside Town limits) from 1999 (48.3%) as compared to 44.8% for 2002. 4 2002 Resort Communities 2002 Occupancies.. 4 2002 Visitor Counts. 4 1989-2002 Accommodations Sales Tax Revenues. Trustee Barker suggested special recognition be planned in support of National Guard Conference attendees. The Holiday Inn "color boards" were displayed for the major renovation of all sleeping rooms (150) currently underway. Phase Il (public areas) is scheduled for completion in 2004. The sample colors for the fabric, furniture, light fixtures, carpet, etc. were well received. RECORD OF PROCEEDINGS , Community Development Committee - March 6,2003 - Page 2 Discussion followed on the number of rooms relative to the annexation of lodging properties, and partnering with RMNP to increase the Town's market share. SPECIAL EVENTS. The Committee reviewed Standard Agreements (Items 1 -3) and Parade Permits (Items 4-6) for the following events: 1. Rocky Mountain Miniature Horse Show, June 18-22, 2003 2. Cutting Horse Show, June 27-July 1, 2003' 3. Copper Penny Hunter-Jumper Horse Show, July 18-20, 2003 4. Rooftop Rodeo, July 8,2003 5. Scottish Festival, September 6,2003 6. Catch the Glow (Christmas), November 28,2003. The Committee recommends approval of the agreements and permits as identified above. Director Pickering introduced John and Winnie Spahnle and gave an overview on a request submitted by John and Winnie Spahnle to rent Stanley Park for a two-day music festival. The proposed date is August 23 and 24,2003 from noon until 10:00 p.m. both"days, with "Classic Rock" groups being featured. Anticipated attendance is 10,000/day. Staff is suggesting the stage be placed in the lower RV area with the stage facing east, using the balance of the fairgrounds for parking. The Police Department has been notified and they will cooperate with the organizers on traffic control and on- site needs at a cost to be determined. Mr. and Mrs. Spahnle (former business owners/residents) 'addressed the Committee: the event is a music festival, not a concert; the proposed date should provide a stimulus to economy during a typically sluggish time of year; and statistics indicate there is significant success in the festival industry. The operation plan proposes: 4 Performances at 1,3,5, and 7.00 p.m. with 14-hr.+ intervals for stage setup 4 Initiate this first festival with Classic Rock, featuring bands from the 60's, 70's and 80's 4 Expected market age is the 40-50 yr. + category 4 4-5 acts/day with no repetition and possibly a "headliner" on the second day 4 Advertising budget of $50-75,000 4 An individual day ticket or 2-day pass will be offered. Mr. Spahnle's primary concern lies with satisfactory grounds preparation pursuant to livestock usage. Director Pickering reported that Special Event Dir. Hinze is confident staff can provide a safe and odorless facility on the lower RV area for this venue. Discussion followed concerning parking, economic impact, noise, and harmonious use of the area with the scheduled Car Show. The Committee recommends staff proceed to contract, returning to the Committee when details have been finalized. Mountain Living Magazine Article. The Rooftop Rodeo has been included in the list of the Best of High Country Rodeos. SENIOR CENTER. The Committee reviewed a memorandum submitted by Sr. Ctr. Director Thompson and Museum/Sr. Ctr. Services Director Kilsdonk reporting on a Task Force who has been meeting for six months to review Senior Center Food Service Operations in order to RECORD OF PROCEEDINGS Community Development Committee - March 6,2003 - Page 3 reduce total costs. The current cost/meal had risen from $8.45 in 2000, to $10.59 in 2001, largely due to personnel costs. Exploring possibilities and pitfalls of privatization, the Task Force has developed an RFP to privatize meal service at the Senior Center, and is requesting approval to proceed. The 2003 Town transfer for meal service support is $83,620, and staff intends to remain within this established funding. Don Tebow, Board Member/Sr. Ctr., Inc. was present and confirmed seniors are aware of this proposal. Attorney White has not yet reviewed the RFP, however, staff will submit same prior to distribution. Although the kitchen operation may be privatized, the priority will remain on senior activities. Discussion followed, with the Committee recommending staff be authorized to proceed with the RFP as proposed/amended above, returning to the Committee for further consideration once the proposals have been received. MISCELLANEOUS. Trustee Barker expressed concern with: (1) recent Town Board approval of a liquor license manager registration, requesting Town Attorney White review the liquor authority responsibilities for the Town Board specifically pertaining to denial of a liquor license application and consequences thereof; (2) suggested the Town research the possibility of exempting School Book Fairs from the collection of sales tax; and (3) the Town should convey to community service funding recipients that their clients are held to the same standards as other residents in the community, and as such, they have a responsibility to act accordingly, particularly with the youth. There being no further business, Chairman Doylen adjourned the meeting at 9:36 a.m. Vickie O'Connor, CMC, Town Clerk Estes Park Housing Authority (EPHA) BArd Meeting Date: January 8,2003 Members Present: Eric Blackhurst, Sue Doylen, Jack Dinsmoor, Lee Kundtz, Karla Porter Members Absent: Staff Present: Rita Kurelja, Sam Betters, Rich Ekwall, Frank Lans Others Present: Joe Wise, Kristie Charles Guests: The January 8% 2003 meeting of the Estes Park Housing Authority was called to order by Sue Doylen, Chairperson, at 8:30 a.m. in Room 203 ofthe Estes Park Municipal Building. APPROVAL OF MINUTES The Board.reviewed the December 11th, 2002 meeting minutes. Sue Doylen asked if anyone had any comments, questions or changes to the December 11 th minutes. None were noted. A vote was called and the motion to approve December 1101,2002 meeting minutes was made and Seconded. Vote was called and Motion passed. MONTHLY FINANCIAL REPORTS - There were no Financial Reports for December presented at this time. Sam reported on that EPHA is now required to have a financial audit separate from the Town of Estes Park. Talon's Pointe and Vista Ridge do not need an audit, however Vista Ridge needs an income tax return. Sam Betters recommended using Wendy Swanhorst to do the audit for the EPHA management company and the Tax Returnfor Vista Ridge. Motion was made by Eric and seconded by Lee to accept Sam's recommendation to have Wendy Swanhorst perform the audit for EPHA and the Tax Return for Vista Ridge. Vote was called for and all votes were AYE. Motion passed. It was suggested that in the future an RFP be done iii advance and budgeted for. REPORTS Public Relations- Jack Dinsmoor reported on what he had scheduled so far. All the major clubs were. Would be doing a presentation at the Town that would be taped and made available. It was suggested that the YMCA and Chamber be added. The Power Point was presented. Changes and adjustments suggested. Disscussion on Vista Ridge prices and how the affordable prices should be presented. Karla suggested saying that those who qualify would be assisted. DEVELOPMENT UPDATES - Cleave Street - One apartment still available. New carpet in hallway and tile in entryway. , EPHA Board Meeting Minutes Page 1 Talon's Pointe Apartments- Rich Ekwal reported on the construction update for Talon's Pointe. Running approximately 3 weeks behind. First building has been committed to John Hanncock by May 1. Other buildings about every 2 weeks after that. Vista Ridge- Sam gave the Board an update on the Vista Ridge construction loan. An error was found on the appraisal adding to the amount of equity needed by EPHA by $70.000. Loan documents were being prepared and examined by legal counsel. GMAC will act as information central. Rita will find out about 'priorities' and forward a copy on to Joe. Rich reported on VR: Notice to proceed had been given to Kitchen for infrastructure. Sinnett will be ready to move on to site on or about the 20th of January. Will be meeting with Sinnett, Sharlet and Bank of Colorado to discuss payment and draw requirements. Also a pre-construction meeting will be this afternoon with Will Birchfield from Town of Estes Park building department. Rita reported on the document update with Countrywide and Fannie Mae. Tedious process but was progressing. Sinnett also had items to complete. Upper Thompson and Honda- Rita is still working on negotiating discounts on these fees. Rich requested a building committee meeting. January 23rd at 8:30am. Rita will arrange. COMMITTEE REPORTS Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS None ADJOURN Sue asked for a motion to adjourn. Lee moved and Eric seconded. Motion to adjourn at 10:17 passes. Respectfully submitted, t â€¢ Rita Kurelja Estes Park Housing Authority Program Manager EPHA Board Meeting Minutes Page 2 BRADFORD PUILISHING.0. RECORD OF PROCEEDINGS Special Meeting of the Estes Valley Board of Adjustment February 5,2003,8:00 a.m. Board Room, 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, Planner Shirk, Planner Chilcott and Recording Secretary Williamson Absent: Director Joseph Chair Barker called the meeting to order at 8:05 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. U.S. BUREAU OF RECLAMATION PROPERTY OFF HIGHWAY 34 AND ADJACENT TO LOT 1, LAKE ESTES 2ND ADDITION (LAKE ESTES MARINA), 1770 BIG THOMPSON AVENUE, APPLICANT: STANGER FAMILY, LLC - VARIANCE REQUEST FROM SECTION 17.66.060(13) OF THE MUNICIPAL CODE. Planner Chilcott reviewed the staff report. The Stanger Family, LLC received a variance from the Estes Valley Board of Adjustment on April 11, 2000 for the Lake Shore Lodge off-premise sign located at 1770 Big Thompson Avenue on land owned by US Department of the Interior, Bureau of Reclamation. The Bureau of Reclamation has contracted with the Estes Valley Recreation and Park District to provide public park and recreation services on this land. The Lake Shore Lodge does not have frontage on a public road. The existing off-premise sign is in an access easement granted to Lake Shore Lodge. This is unusual for a business. This is a minor addition to the existing Off- premise sign to advertise the Silverado restaurant which is within the Lake Shore Lodge. The sign currently advertises only the lodge and conference center. This request does not exceed the maximum permitted sign area on a single lot or building. Ray Marez was present to represent the Lake Shore Lodge. He stated that the tourists that come to Estes Park miss the sign for Lake Shore Lodge and turnaround illegally on Highway 34. He feels that adding the name of the restaurant will help the general public find the restaurant. He believes this is a safety issue for the general public. Public Comment: Cory Blackman, 1260 Big Thompson Avenue, is the general manager of Best Western Silver Saddle. He spoke in opposition when the off-premise sign was first passed by the Board of Adjustment in April 2000. He feels the owners of Lake Shore Lodge created this hardship for themselves when they chose to build on a site without highway frontage. Board Member Newsom stated that due to the building being located away from the highway, a sign identifying the property should be allowed. Board Member Ball agreed with Newsom's statement. It was moved and seconded (Newsom/Ball) to approve the variance request for the additional wording of "Silverado Restaurant" on the existing Lake Shore Lodge off-premise sign located at 1770 Big Thompson Avenue and the motion passed, with the following conditions. Those voting "yes" Ball, Newsom, Sager and Lamy. Those voting "no" Barker. All variances granted by the Board of Adjustment shall become null and void if a Sign Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Limit the wording on the sign to the Lake Shore Lodge, Conference Center, and Silverado Restaurant name, and address. 2. Allow sign to be calculated as the rectangular area within the structure (47.25 square feet). DRAC>FORO PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 Page 2 3. Sign design and materials shall be as presented with this request, reviewed by the Board of Adjustment on January 7,2003. 4. Maintain an eight foot setback from the highway ROW. 5. Lighting shall be directed to prevent any offsite glare and shielded so as not to be visible from adjacent property or the highway. 6. Total exterior signage on the property shall not exceed the allowable limit set by the Municipal Code including this off-site sign. 7. Place dimensions on the approved site plan that verify sign locations setbacks and sight visibility at the highway intersection. 2. UNPLATTED PARCEL AT THE INTERSECTION OF KIOWA DRIVE AND MARY'S LAKE ROAD, APPLICANT: MARY'S LAKE LODGE - VARIANCE REQUEST FROM SECTION 17.66.060(13) OF THE MUNICIPAL CODE. Planner Chilcott reviewed the staff report. The petitioner requests a variance to Section 17.66.060(13) of the Estes Park Municipal Code, which prohibits off-site signs from being permitted, erected or maintained in the Town. This variance will allow Mary's Lake Lodge to erect a twenty-four square foot (eight foot by three foot) off-site sign on the eastern corner of an unplatted parcel of land shown on the Kiowa Ridge Subdivision plat. The sign will be approximately four feet high. The applicant has proposed that the sign be temporary, i.e. that it be removed once Kiowa Drive is completed behind Mary's Lake Lodge. However, temporary is an unknown number of years. Road construction will not be triggered until Lot 4 and or Lot 5 of Mary's Lake Subdivision is developed. When development will happen is unpredictable. On-site signs have been erected which are visible from the right-of-way, including the paved sections of the right-of-way. However, the existing on-site signs are not easily visible from Mary's Lake Road or Highway 7. In staff's opinion the variance would not be in harmony with the purposes of Chapter 17.66 Signs. The sign design blends with the historic character of the lodge. This request exceeds the maximum permitted sign area on a single lot or building in the "E" zoning district. Board Member Sager questioned why the sign will not be needed after the completion of Kiowa Drive. Planner Chilcott stated that the applicant's Letter of Intent states the sign would help direct traffic during the construction of Kiowa Drive, for which the timing of construction has not been determined. People looking for Kiowa Subdivision or the Rocky Mountain Church drive into the Lodge because Kiowa Drive currently dead ends at the lodge. Planner Chilcott does not feel a sign at the intersection of Mary's Lake Road and Kiowa Drive will lessen the confusion. Frank Theis, general manager and one of the owners, was present to represent the lodge. He stated that he feels there are legitimate special circumstances for the off- premise sign. Mr. Theis advised that once Kiowa Drive is completed it will create a public road that will loop around the property. Currently there is rio traffic driving by on Mary's Lake Road that can see the lodge's sign. He stated that there was no provision made for the sign during annexation because there was an understanding that all parties would work on cooperative signage. Mr. Theis stated the lodge would be happy - to place a timeframe forwhich the off-premise sign could exist. He feels that the sign is in harmony with the sign code and the neighborhood. , Public Comment: : Jim Tawney, 1820 Fall River Road, spoke in favor of the proposed variance request. It has always been his understanding that there would be signage on this piece of unplatted property, which was created when Kiowa Drive was constructed. Bob Koehler, 2106 Ute Court, is the developer of the Kiowa Subdivision. He spoke in favor of the proposed variance request. He stated that the original Mary's Lake Lodge sign stood on what is now referred to as an unplatted parcel. It was agreed by the property owners that there would always be a Mary's Lake Lodge sign at this location. Mr. Koehler stated that provisions were made with Ed Dragon, former Line Superintendent, for underground electricity and that a meter needs to be installed. ...0/0.0 PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 Page 3 Patti Taylor Czarnowski, 2180 Blue Spruce Drive, spoke in favor of the proposed variance request. She stated that it is difficult to find the lodge and that a temporary sign could help direct traffic. Planner Chilcott stated that there is a timeframe in which a permitted nonconforming sign could remain in place. Attorney White stated that the amortization for a sign that was in place before a subdivision of land or annexation would be 6 M years after the effective date. Attorney White advised that once a nonconforming sign is removed it becomes illegal and would need to be replaced with a legal conforming sign. Frank Theis stated the sign was never intended to be removed; however during construction of the road the sign was knocked down. It was moved and seconded (Ball/Lamy) to approve the variance request for an off-premise sign for Mary's Lake Lodge on an unplatted parcel at the intersection of Kiowa Drive and Mary's Lake Road and the motion passed with the following conditions. Those voting "yes" Ball, Newsom and Lamy. Those voting "no" Barker and Sager. All variances granted by the Board of Adjustment shall become null and void if a Sign Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Sign design, materials, and wording shall be as presented with this request. 2. Lighting shall be directed to prevent any off-site glare and shielded so as not to be visible from adjacent property or the highway. 3. Town Board approval of a rezoning to a zoning district that would allow the size requested sign size, e.g. the "A" or "A-1" zoning districts prior to application for a sign permit. 4. Compliance with the Light and Power Department letter dated January 6,2003 to Alison Chilcott which includes metering. 3. LOT 44, BLOCK 1, FALL RIVER ESTATES, SOUTHWEST CORNER OF FALL RIVER COURT AND FALL RIVER ROAD INTERSECTION, APPLICANT: FALL RIVER ESTATES, INC. - VARIANCE REQUEST FROM SECTION 7.6.E.2.b, SECTION 7.6.E.1.a(2) AND SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. This is a request to build a single-family residence on a legally platted lot in Fall River Estates. The lot has an unusual shape, contains extensive wetlands that cover roughly 90% of the site, is split in two by the Fall River (with associated river setback), and is heavily vegetated. These river and wetland setbacks, with the front yard setback, combine to create regulatory constraints that would render this lot unbuildable without the requested variances. This proposal includes building within existing wetlands. The removed wetlands will be less than .10 acres, and will be subject to all applicable Corps of Engineering requirements for removal of wetlands. The proposed location would have the least amount of impacton the Fall River riparian corridor and the surrounding single-family neighborhood. The essential character of the neighborhood would not substantially change. Board Member Newsom stated that there have been numerous letters from the :. neighbors questioning why this proposal is being brought in front of the Board of Adjustment again. Chair Barker stated this is a new request due to the new configuration of the home. The original proposal was denied twice on a tie vote. Board Member Lamy questioned if the square footage was substantially different from the previous application. Planner Shirk stated that the new application is 2166 square feet versus the previous application of 2680 square feet. Paul Kochevar, Estes Park Surveyors, was present to represent the applicant. He stated the major difference between this application and last month's application is the size of the structure. The parking area was also moved away from the house in order to move it out of the wetlands. The proposed parking would eliminate the BRADFORD PUOLISHING co. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 Page 4 need for cars to back out onto Fall River Court. He feels the home would be considered medium in size compared to the other homes in the area. Attorney White advised that the United States Constitution and the Colorado Constitution both state that a governmental entity can not take public property without just compensation. Some economic use of private property must be allowed by a governmental entity or that governmental entity must pay the property owner fair market value for the property. This parcel was platted in 1969 as a legal lot with no wetland or river setback requirements. He stated that since the lot was platted the Town of Estes Park has adopted wetland, river and lot line setback requirements. The wetlands and the river setbacks were imposed on the property after it was platted. He advised that the variance requested by the applicant is the minimum variance required for economic use of the property. Public Comment: Bert Cushing, 105 W. Cherokee Drive, spoke in opposition of the proposed variance request. He does not want to see further encroachment on the wetlands. Wendell Amos, 3333 Rockwood Lane South, a member of the Estes Valley Land Trust, spoke in opposition to the proposed variance request. He stated that the Estes Valley Land Trust entered into a conservation easement with the Fall River Estates Nonprofit Corporation on the adjoining Outlot A. The easement only allows for access to Lot 44; therefore parking or fencing would be prohibited on Outlot A. If the parking spaces on Outlot A are approved the Land Trust will get an injunction against the development. He would like to see the 50 foot setback to the river maintained by shrinking the footprint of the structure. Patty Taylor Czarnowski, 2180 Blue Spruce Drive, spoke in opposition to the proposed variance request. She stated that based on Section 7.6.E.2.b of the Estes Valley Development Code the Board of Adjustment should not make a decision on this request until all permits are obtained. She feels this site plan is identical to the previous site plan that the Board denied in January 2003. Attorney White stated the applicant is requesting a variance from the wetland regulations in Section 7.6 of the Estes Valley Development Code. He advised that a building permit will not be issued until all applicable Federal permits have been obtained; therefore the final decision-making body is the building official. Jim Kiple, 1054 Fall River Court, spoke in opposition of the proposed variance request. He stated this application is almost identical to the application brought to the Board of Adjustment last month in which the Board denied the variance. He does not feel the applicant has the right to come back with the same request and it is improper for the Board to hear the request again. Attorney White advised that this is a new request. The building size has been reduced by 25 percent and the amount of disturbance is different. Tom Ewing, 1082 Fall River Court, spoke in opposition to the proposed variance request. He questioned whether the fill dirt and excavation would be contained : t within the fenced area. He feels it is not realistic that the limits of disturbance can be maintained within the fenced area. Jim White, 3050 Rockwood Circle, was present to represent the Estes Valley Land Trust. He stated that the Land Trust would like a chance to work out an agreement between thâ‚¬ property owners of Fall River Estates and Del Lienemann for a conservation easement on Lot 44. Chair Barker questioned how the applicant would feel about converting the property to a conservation easement. Mr. Kochevar does not know how the applicant feels about converting the property to a conservation easement. He does not feel ....FORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 5,2003 Page 5 delaying a decision by another month would be detrimental to the applicant. Ralph Nicholas, 1660 North Ridge Lane, spoke in opposition to the proposed variance request. He stated that the wetlands need to be protected. Katie Speer, 1361 David Drive, spoke in opposition of the proposed variance request. She stated that the applicant could build a smaller home. She feels the additional parking spaces within Outlot A need to be removed. Keith Keenan, 2501 Big Thompson, spoke in opposition of the proposed variance request. He stated that this project has many problems and he believes it would be best to postpone a decision. He feels a conservation easement with the Land Trust would be the best solution. Richard Doutt, 2265 Deer Mountain Drive, spoke in opposition of the propose variance request. He would like to see the Land Trust try to come to some equitable agreement with the applicant. Jim White, 3050 Rockwood Circle, stated that he has a good relationship with Mr. Lienemann and feels that an agreement could be reached in 30 to 60 days. Attorney White advised that if the Board votes to continue this item to the March meeting it would be heard solely to take action on the item and there would be no further public comment. It was moved and seconded (Wayne/Ball) to continue the item to the March 4, 2003 Board of Adjustment meeting to allow the Estes Valley Land Trust a chance to discuss a conservation easement with the applicant and the Fall River Estates property owners and the motion passed unanimously. 4. REPORTS None. There being no further business, Chair Barker adjourned the meeting at 10:55 a.m. Jeff Barker, Chair Jacquelyn Williamson, Recording Secretary ~RAC}FORCO PUBLISHING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Cbmmission February 18â€ž2003,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Wendell Amos, Commissioners George Hix, Bill Horton, Joyce Kitchen, Edward Pohl, Richard Homeier, and Dominick Taddonio Attending: Chair Amos, Commissioners Kitchen, Poht Homeier, and Taddonio Also Attending: Town Attorney White, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent: Town Board Liaison Habecker, Director Joseph, Commissioners Hix & Horton Chair Amos called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated January 21, 2003. It was moved and seconded (Pohl/Homeier) that the Consent Agenda be accepted and it passed unanimously with two absent. 2. PUBLIC COMMENT None. 3. PRELIMINARY SUBDIVISION PLAT, KEEP SUBDIVISION, S 3/4 OF S 1/2 OF NE OF SW 1/4 OF SEC 35, T5N, R73W, GRIFFITH COURT, Applicant: Virginia Belle Keep. Planner Shirk reviewed the staff report. This is a request to subdivide 15 acres into two building lots and two outlots. The property is zoned "A-1" Accommodations, which has a base density of four units (residential or accommodations) per acre. This plat will greatly reduce the allowed density, and set aside over 6.5 acres in outlots to be protected under conservation easements. The plat will dedicate various utility and access easements and delineate specific building envelopes. This proposal is in conjunction with a request to officially rename "Spring Lane" to "Griffith Court". Larimer County Engineering has granted variances to allow for more than four (4) single-family residences on a private driveway and to waive paving requirements. Prior to issuance of the first certificate of occupancy, the site will be required to install a fire hydrant in order to meet ISO requirements. Virginia Keep, 1986 Hwy 66, the applicant was present to answer questions. Commissioner Homeier asked if she had any concerns regarding the conditions of approval. She stated that her only concern was in regards to the 10 foot utility easement required around the perimeter of the property and lots lines. Public Comment: Rich Orleans, 1213 Giant Track Road, questioned how many years the conservation easement would be in place and whether or not the property could be subdivided at a later date. Chair Amos stated that in order for the property owner to obtain a tax credit the land would have to be a conservation easement in perpetuity. Attorney White stated there is nothing that prohjbits the further subdivision of the property. However, this subdivision was granted a walver to the adequate public facility requirements for the road under the condition that only 2 additional single-family dwellings were to be built. Any additional subdivision of the land would require the property owrier to meet all applicable public facility standards. It was moved and seconded (Pohl/Kitchen) to recommend approval to the Board of County Commissioners of the Keep Preliminary Subdivision Plat, S 3/4 of S 1/2 of NE of SW 1/4 of Sec 35, T5N, R73W, Griffith Court with the following conditions, and it passed unanimously with two absent. 1. The Public Works Department shall approve water line construction plans. 2. The lots shall be included in the NCWCD before town water service. 3. A 10' utility easement shall be dedicated along the perimeter of each lot. /. IRADFORD PUIL:*HING CO. RECORD OF PROCEEDINGS . Estes Valley Planning Commission - February 18, 2003 Page 2 4. Compliance with Upper Thompson Sanitation District memo regarding this proposal dated January 21,2003. 5. Dedication of a private access easement (25' wide) to Outlot B. 6. Before issuance of the first certificate of occupancy, the site shall meet ISO requirements. 7. A maintenance agreement shall be submitted for recording at the same time as the plat. 8. Compliance with memo from Roxann Hayes, LarimerCounty Engineering, dated January 30,2003. 4. REPORTS None. There being no further business, meeting was adjourned at 1:52 p.m. Wendell Amos, Chair Jacquelyn Williamson, Recording Secretary t. C 3&C Swanhorst & Cutler LLC Certified Public Accountants January 14,2002 Board of Trustees Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 We are pleased to confirm our understanding of the services we are to provide the Town of Estes Park for the year ended December 31, 2002. We will audit the general purpose financial statements of the Town and the Estes Park Urban Renewal Authority as of and for the year then ended. Also, the documents we submit to you will include the following additional information thit will be subjected to the auditing procedures applied in our audit of the general purpose financial statements. â€¢ Combining and individual fund financial statements. â€¢ Schedule of expenditures of federal awards, if required. Audit Objective The objectiVe of our audit is the expression of an opinion as to whether your general purpose financial statements are fairly presented, in all material respects, in conformity with accounting standards generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the general purpose financial statements taken as a whole. Our audit will be conducted in accordance witli auditing standards generally accepted in the United States of America and if required, the standards for financial audits contained in Governmentkuditing Standards, issued by the Comptroller General of the United States; the Single Audit Act of 1984; and the provisions of OMB Circillar A-133, Audits of States, Local Governments, and Non-Profit Organizations, and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the general purpose financial statements is other than unqualified, we will fully discuss the rea'sons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and c8mpleteness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. 8400 E. Crescent Parkway â€¢ Suite 600 â€¢ Greenwood Village, CO 80111 â€¢ (720) 528-4306 Fax: (720) 528-4307 3 Board of Trustees Town of Estes Park Page 2 1 Management is responsible for adjusting the general purpose financial statements to correct material misstatements and for affirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the general purpose financial statements taken as a whole. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the general purpose financial statements. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusipn of our audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that the Town complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we will perform tests of the Town's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Audit Procedures-Internal Control In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the Town's general purpose financial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. . , Â·. Board of Trustees Town of Estes Park Page 3 Audit Administration, Fees, and Other Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.) except that we agree that our maximum fee, including expenses, will not exceed $16,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the Town of Estes Park and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, @t.Â®Jwn &4 &&0 Swanhorst & Cutler LLC RESPONSE This letter correctly sets forth the understanding of the Town of Estes Park. Bv Title Date Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: March 6,2003 Subject: Sunset Ridge Final Supplemental Condominium Map Background. This is the final supplemental condominium map to the ~ 4 3 11 -, C plat of Sunset Ridge Condominiums. 1~ Virginia Dr. The site is located at the corner of 1 Virginia Drive and Big Horn Drive. F + - Sunset Ridge of Estes Park 1-- 1 Condominium Association, Inc. was created with the preliminary iÂ« Z 1 condominium map and declaration -ic- 1 recorded in January, 2002 after Town Board approval. This proposal is consistent with the approved development plan and preliminary condominium map. Budget. N/A Action. Staff recommends approval ofÂ· the proposed supplemental condominium map for Sunset Ridge Condominiums conditional to: 1. Compliance with Town Attorney White's memo dated February 21, 2003. 2. Compliance with Public Works memo dated February 21, 2003. 3. Compliance with Light and Power's memo dated February 17, 2003. Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner 11 and Bob Joseph, Director Date: March 7,2003 Subject: Request for Extension of Vested Rights for Development Plan 00- 03A, Lot 1, Mount View Park and a Portion of Meyers Addition Background. The applicant, Jim Sloan, has requested an extension of the three year vested rights period for Development Plan #00-03A. February 6,2003 and February 15, 2003 letters from the applicant requesting this extension are attached. The February 15th letter requested a two year time extension and stated that it is Town policy to limit the exension to one year. This is not a Town policy and the Town Board can approve a two year vested rights extension. The Estes Park Planning Commission approved Development Plan #00-03A on March 21,2000 and vesting expires on March 21, 2003. The plan was reviewed and approved as compliant with the prior zoning code. Approval of a vested rights time extension will allow the applicant to build as shown on development plan #00-03A, i.e. the development plan will not be revised to comply with current Estes Valley Development Code standards. N Location Map for 800 MacGregor Avenue A 0 425 850 1,700 2,550 3,400 This request has been submitted to all A Feet applicable reviewing agency staff and 1% /7 --. property owners within 100 feet of the MacGregor Avenue ~ 21/1 800 MacGregorAvenue ~ property for consideration and comment. Ir-71 r Yl /1 Letters were received from the Estes Park \ ' 71 i / L-5Â°sped(,Lane ~ Sanitation District, Town Light and Power Evergreen Lane 1 \ \ 1 / F-ki: -i j L\, Department, and Town Attorney. The n 1 \~idj Ki ti~ Sanitation District has no concerns about the [m-Ill 3..4 /2~L.12 1-Lut- request. The Light and Power Department and Town Attorney have no comment. A ~rr--I-r--Â·Â·â€¢â€¢---rl,Â·bd Big Horn Drive Cd.UAL < 31. + ,~~zE"iÂ·5Â¥ A neighbor expressed concern about the proximity of the proposed development to MacGregor Ranch to the north and east. The setback to this property under the prior zoning code twenty-five feet; however, the applicant received a variance to build fifteen feet from the property line. If this extension is not granted, development must comply with the Estes Valley Development Code twenty five foot setback, unless another variance is granted. If this plan was reviewed for compliance with the Estes Valley Development Code plan revisions may be necessary, including revisions to comply with current building/yard, wetlands and stream setbacks, current parking lot design standards and to limit disturbance to rock outcroppings. It is verly likely that the proposed development plan would comply with current density requirements; however, staff does not have enough information to provide an accurate density calculation. Town Board approval of a vested rights extension requires a Town Board finding that economic conditions and project complexity necessitate a longer vested rights period than the three year period required by state law. Budget None. â€¢Page 2 . . . an intimate mountain resort -*,1401- /NI 1 \nc. February 15, 2003 Mr. Bob Joseph Community Development Dept. Town of Estes Park Estes Park CO 80517 Bob, Alison requested a more specific request relating to my February 6 letter regarding an extension on my current development plan. I would appreciate a two year extension to be considered, however, it is my understanding that your policy allows for one year only. If that is the case, I will make every effort to work within the one year allowance if that is possible. I would consider some minor building modifications to the plans I have prepared, if it would address any changes in code that might have occurred. Paul and I would be happy to meet before the commission meeting to address any issues you may have. Siiperely, 7/{.1~ ' hk' . , I Iii '. lim Sloan Black Canyon Inn 970-586-8113 ce: Paul Kochevar, EP Surveyors 800 MacGregor Avenue Internet: www.blackcanyoninn.com Phone: (970) 586 8113 Estes Park, CO 80517 E-mail: info@blackcanyoninn.com Fax: (970) 586 5123 #tdoL . . . an intimate mountain resort' 41#11.1. )/Vt j nc. February 6,2003 Mr. Bob Joseph Community Development Director Town ofEstes Park Estes Park CO 80517 Bob, k . 0-'2:Â· 04. ' t . 1, i ' 4.~Â·~ .% 1; Asyou are;-Kware, r# curredi development plan will expire on March 21 of thiiyear. Dud d the' pbor 686riomic performance ofthe resort over the past two years, I have been unabld to*roceed withthe praposed lf- construction. Is thdre an oppoitunity for an extension period to be-~ considered on allorany parts 6fthe plan.:I have investedconsiderable time and resoufces int# theplah'and am Eonstantly pressing t@Bontinue with it. , My attention has been focused and b-rthitectural 46(k combleted.on the 13- suite lodge atthd jiorthweit comeliftheresort. I Would be.especially interested in a contintilnce on at leakt-that portion 6f the project. rit I am available at any time to meet if you have comments tonÂ£this possibility. Paul Kochevar will be able to meet with us -if we can schedule a time. Thank' you for your consideration gn this matter. 4 - Sincerely, ~ f / k , / Ji~ Sloan / I}lack Canyon Inn $70-586-8113 CO ; fAUL Kni#811062_ 4 800 MacGregor Avenue Internet: ,nvw.blackcanyoninn.com Phone: (970) 586 8113 Estes Park, CO 80517 E-mail: info@blackcanyoninn.com Fax: (970) 586 5123 Town-of Estes Park Cbmmunity Development Ddpartment emo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner 11 and Bob Joseph, Director Date: March 7,2003 Subject: Rocky Mountain Church Special Review #02-01, Lot 1 Mary's Lake Subdivision - Discussion of Landscaping Requirements Background. Attached please find two letters from the Rocky Mountain Church, dated February 6,2003 and dated February 13, 2003, requesting a reduction in the number of trees and shrubs required by the Estes Valley Development Code due to drought and the drain on water resources that would result from planting the required landscaping. Town Board approved the Rocky Mountain Church development plan, including the landscaping plan, on May 14, 2002. Neither the staff, Planning Commission nor Town Board have the ability to reduce the landscaping requirements for the Rocky Mountain Church. Accomplishing the requested reduction would require an amendment to the Estes Valley Development Code or a moratorium on some or all of the EVDC landscaping provisions. This is not the first time that the topic of landscaping and drought conditions has been discussed. Mayor Baudek reviewed the letters from the Rocky Mountain Church and has placed this item on the Town Board agenda. At the time of development plan review the Planning Commission did have some flexibility in reviewing the Rocky Mountain Church landscaping plan. EVDC Â§7.5.C.2 states "alternatives to the specifications concerning minimum plant sizes and quantities set forth in this Section may be authorized by the EVPC under development plan review, provided that the Applicant submits a detailed landscaping plan and that the EVPC in approving this plan determines that the proposed landscaping is equivalent to or exceeds that specified in providing visual appeal, screening, shading, and restoration of disturbed area." If the reduction from 160 to 54 trees and 422 to 100 shrubs was proposed during development plan review, staff would not have recommended approval because the proposal is not equivalent to and does not exceed the required landscaping. Budget None Action. Any change in the landscaping requirements will require amendment of the Estes Valley Development Code. 0 Page 2 ~EÂ©IEDVIE ~ ...F O U N TAI N ~~ FEB 2 0 2003 ~ February 12, 2003 Mayor John Baudek Town Of Estes Park Municipal Building 170 McGregor Avenue Estes Park, CO 80517 Dear Mayor Baudek, Attached please find a copy of a letter that we sent to the Community Development Department on February 6th, concerning a proposal for landscaping for Rocky Mountain Church. We hope to break ground on our site on Mary's Lake Road in late spring of this year. We understand that a variance related to an approved special review comes under your purview. We have given much thought and consideration to our proposal. It is our hope to honor the reasons for a landscaping plan (environmental and aesthetics) but on a much smaller scale from what was originally presented. Our reasons are stated in the attached letter. If you need any further information or wish to discuss some options further, please don't hesitate to contact us at Rocky Mountain Church. We look forwhrd to hearing from you soon concerning this matter. Sincerely, /4 4 -4 4,/Â»I . Nancy Gregg Sara Kleiber Building Team Building Team Co-Chair Co-Chair 'ANGEUCAL FREE CHURCH OF ESTES PARK A tz. 1,tace to â€¢pt se,40â€¢ts witA 90*" 54 1 G Big Thompson Ave â€¢ Box 1443. â€¢ Estes Park CO 80517 Phone 970-586-0873 â€¢ FAX 970-586-7180 â€¢ rockyefc@qwest.net 4 Town of Estes Park Community Development Department Memo To: Mayor Baudek From: Alison Chilcott, Planner 11 R.C . CC: Rich Widmer, Town Administrator Randy Repola, Assistant Town Administrator Greg White, Town Attorney Date: February 10, 2003 Re: ROCKY MOUNTAIN CHURCH SPECIAL REVIEW #02-01 LOT 1, MARY'S LAKE SUBDIVISION Attached please find a letter from the Rocky Mountain Church requesting reconsideration of the amount of landscaping required by the Estes Valley Development Code. Town Board approved the development plan, including the landscaping plan, on May 14, 2002. This is not the first time that the topic of landscaping and drought conditions has come up. Therefore, we are forwarding it to you in the event that the Town Trustees would want to review the landscaping requirements of the Estes Valley Development Code. Neither the staff, Planning Commission nor Town Board have the ability to reduce the landscaping requirements for the Rocky Mountain Church. Accomplishing the requested reduction would require an amendment to the Estes Valley Development Code or a moratorium on some or all of the EVDC landscaping provisions. Please advise on how this request should be reviewed. At the time of development plan review the Planning Commission did have some flexibility in reviewing the landscaping plan. EVDC Â§7.5.C.2 states "alternatives to the specifications concerning minimum plant sizes and quantities set forth in this Section may be authorized by the EVPC under development plan review, provided that the Applicant submits a detailed landscaping plan and that the EVPC in approving this plan determines that the proposed landscaping is equivalent to or exceeds that specified in providing visual appeal, screening, shading, and restoration of disturbed area." If the reduction from 160 to 54 trees and 422 to 100 shrubs was proposed during development plan review, staff would not have recommended approval because the proposal is not equivalent to and does not exceed the required landscaping. . a OUNTAIN February 6,2003' Estes Park Community Development Department Municipal Building 170 MacGregor Avenue Estes Park, CO 80517 Re: Rocky Mountain Church Development Lot 1, Mary's Lake Subdivision Landscaping Plan Dear Sir or Madam, On April 16,2002, we received a favorable recommendation from you concerning the master development plan for Rocky Mountain Church. We subsequently received unanimous approval from the Town Board of TrusteeS on the special review for our project. We are coming to you at this time to seek reconsideration ofthe scope ofthe landscaping requirements for our project. The property we are going to build on is "typically vegetated" Estes Park. There currently are a few trees (24), some small shrubs and a small, protected wetland area on the property. The majority.ofthe land is covered with native grasses that are kept well in check by the foraging elk herds. The site receives quite a bit ofwind and probably does not have significant ground water, judging by the test holes we have dug for soil testing. One of the guiding principles we have used in designing, planning and creating our facility is to be good stewards ofthis land, and to be good neighbors in Estes. We recognize that ours is a sizable building and are aware of the impact that it will have on the natural vegetation, as well as having substantial visual impact on the area. We see , great value in restoring and enhancing the vegetation on the land after construction. As you reference our original landscape plan, the required plant count for the first phase is for 160 trees and 422 bushes. We are asking that you reevaluate that number in light of existing and ongoing circumstances that we feel must be considered, not only for our project but for others facing the same issues. Attached is a proposal for you to consider for this project. Our issue is not in restoring and enhancing the vegetation but in the number of plantings required and/or guaranteed and the sustaining ofthose plantings in a severe drought. Indeed, we recognize the value of replanting and landscaping, and are already preparing for this through growing trees and shrubs. ANGEUCAL FREE CHURCH OF ESTES PARK A ~â€¢in ptace to *ct SeÂ¥'10*16 MAtA. 904" 54 1 G Big Thompson Ave â€¢ Box ]443. â€¢ Estes Park CO 80517 Phone 970-586-0873 â€¢ FAX 970-586-7180 â€¢ rockyefc@qwestnet 67/5..1 -- a However, in being good stewards, we have some huge concerns about the water resources that will be required to sustain the amount of vegetation called for in the landscaping plan. We are all painfully aware of the severe drought that we currently are in and do not feel that "business as usual" landscaping requirements are in anyone's best interest at this time. We will be as conscientious as possible with water use, but the sheer number of plants required will require large quantities of water to keep them alive. To transform a fairly barren piece into a heavily landscaped area presents a concern in these dry days. We are also concerned about the related threat to our building and our neighbors from increased fuel for wildfires. We realize that approval of our project under special review was given before the impact of dry forests and scarce water made such an impact on our commOnity. We feel, though, it is prudent to reconsider this issue, for Rocky Mountain Church as wtll as others. We all want the same outcome, which is to protect and restore this beautiful place that God has put us on, so we ask you to consider the attached proposed landscaping plan for our facility. We thank you for your consideration and look forward to hearing from you soon regarding this issue. Sincerely, 433 dig (* 4120 Nancy Gregg Sara Kleiber Building Team Co-Chair Building Team Co-Chair Rocky Mountain Church ~ Rocky Mountain Church A 444162/ Mss Mahon I Steve McFarland Â®ted Ro,89 Mountain Chued Administrator, Rocky Mountain Church 9 1 / 5Â» Aduud L~Chers Moody U Jim Neenng Pastor, Rocky Mountain Church Tree Planter Mark Westover Bruce Gregg Wes#oxpÂ·Constructjyn Co. GrpÂ¥g Construction Co. AWN:- CrrÂ»â€ž~ *74 Cc: Basis Architecture Cornerstone Engineering I. Rocky Mountain Church Landscape Plan Mary' s Lake Road Facility February 6,2003 Proposal for reduction ofthe amount oftrees and shrubs for landscaping at Rocky Mountain Church Current First Phase Dlan Existing trees 24 Potentilla 250 Ponderosa Pine 38 Juniper 160 Spruce 20 Mugo Pine 12 Cherry 18 422 Aspen 60 160 Proposed plan Existing trees 24 Potentilla 30 Ponderosa Pine 10 Juniper 30 Spruce 5 Mugo Pine 10 Cherry 5 Rabbitbush Â® Aspen or other deciduous tree 1.Q 100 54 Our focus will be on water conservation, as well as landscape restoration. We will use xeriscape gardening principles (plant selection, soil amending, drip irrigation, mulching, etc.) and may substitute plants for the listed ones with ones that are proven to be more drought resistant. Additionally, we may use drought-resistant ground covers in areas where revegetation is required. We will follow alllandscaping notes as outlined in the original plan. Administration Department e. . 1 Memo To: Honorable Mayor Baudek Board of Trustees/ From: Rich Widmer Town Adminis~Wr Date: March 3,2005 Subject: Organization Chart Background. Section 2.68.040 of the Estes Park Municipal Code requires the Town Administrator to "... propose an administrative organization plan of the Town which shall be presented to the Board of Trustees for approval." Attached is the Organization Chart dated March 2003. Two major changes are proposed: first, placing Light and Power under the organizational responsibility of the Public Works Director, and, second, creating a new Business Development Department. Placing Light & Power under the organizational responsibility of the Public Works Director allows the creation of a Utility Director position that will have oversight over both Water and Light & Power operations. This change also allows us to more effectively utilize common areas between Light & Power and Water, such as meters, customer service, and financial reporting. The creation of the Business Development Department, with Mr. Tom Pickering as its first Director, allows us to focus our advertising, marketing, sales, special events, and conference services activities in one direction for maximum effect. It also allows us to begin working in the economic development area, with the idea that some type of traditional economic development activities will be appropriate for the Town in the future. Budget - There are no major budget implications for this action. Both changes require relatively minor adjustments in salaries and benefits. Action I respectfully request your approval of the March 2003 Organization Chart for the Town of Estes Park. - 2 UZ.-, L---1 ag 81,4/ O 1- - '13 -2 - -=: t# .111,6 49 9. ~ % 5,021 -10 9.-/ .8 I ZIPÂ£ '5>vo uct, m - g'.. 7 3 1*ujr /4-14, 3 = 0 g tu I W 0 -n';*04 -/* e .624! 'E K 4 5,3 1 0*1 -81*1 92Â§8 %21 E c.- 024 X E.. y. ' ' 0 - * 4 . 1 -28 ET -9 1 2 W W ..1 00- , ,-, L--9 6. O k J 0. 2, R , 4% 9 2 - 23 21 2~ / 4 # z 9. f Ul'' 2 I. M, '' 9 24. 1 I 2 2% (43 5.- i W g Â¤ 2 44 1. E.Â·f: 154 11' *20 gl- 0~. m OfÂ« .43 9 * 1.-Â·Â· 03. 11 /85- 0: i Â£5,0 'LEÂ»' â‚¬=m 25 02 t/ 95 =253 5% - Â»84- ius C mr,-,U- E 05=0% -Z# 5 m 1,-Re Oun- ~# 3 â‚¬C 11~ =33 CTRAMUSEUMURkcTOR, ~ >IM310 Â£1011 HIC 5 4Â£10 d IHO 3Â¥14 se:nuiwailst,em-] Muno:nv/latittoNUBd Bu SPKD@H,suottoetit SUO!1851 00/6151,81601#NO TOWN OF ESTES PARK ORGANIZATIONAL CHART fADMIN*STR ADVISO Y STEES .& ~ :2585*8*ARK /1//8/ S '.4.0