HomeMy WebLinkAboutPACKET Town Board 2004-04-13Prepared 04/06/04 - /=NED»\ The Mission of the Town of Estes Fark ie to plan and provide reliable, hi0h-value services for our citizens, visitors, and employea. We take 0reat pride eneurine and enhancir10 tile oduality of life in our community by Dein0 0ood stewards of public reeources and natural settin, BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 13, 2004 7:00 p.m. AGENDA ----------- CURRENT BOARD OF TRUSTEES ---------- PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 23,2004. 2. Bills. 3. Committee Minutes: A. Public Safety, March 25,2004: Fire Dept. : 1. Estes Park Fire Protection District Service Plan - Submittal to the Larimer County Commissioners. B. Community Development, April 1,2004: Special Events Dept.: 1. 2004 Parade Permits: Rooftop Rodeo July 13.1 Longs Peak Scottish Festival September 11 th, Come Catch the Glow November 26* 2. Standard Agreement: Rocky Mountain Team Penning Assn., September 17-19, 2004. 3. Longs Peak Scottish Festival: Community Dr. (from Hwy. 36 to Manford Ave.) Street Closure, September 10-12, 2004. Communitv Development Dept. 1. Development Application Fee Waiver approval for Ravit Michener. C. Utilities Committee, April 8,2004: 1. Truck Replacement, Water Dept., $35,927.81. 4. Estes Park Housing Authority, March 10,2004 (acknowledgment only). 5. Estes Valley Board of Adjustment, April 7,2004 (acknowledgement only) 6. Estes Valley Planning Commission, March 16, 2004 (acknowledgement only). Page 1 of 2
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. CONDOMINIUM MAPS. A. Thunder Canyon Condominiums, Preliminary & Final Condominium Map, Lot 22, Stanley Hills Subdivision P.U.D., Mountain View Vacations, LLC/Applicant. B. East Riverwalk Center Condominiums, Supplemental Condominium Map #2, Amended Plat of Lot 1, Mountain Man Subdivision, Pika Properties, LLC/Applicant. APRIL 6,2004 ELECTION REPORT. Town Clerk O'Connor. ACKNOWLEDGEMENT OF RETIRING TRUSTEES JEFF BARKER AND STEPHEN GILLETTE. Mayor Baudek. ' e>-f A 10-MINUTE RECESS NEW SLATE - BOARD OF TRUSTEES 2. ACTION ITEMS: 1. SWEARING-IN CEREMONY FOR NEWLY-ELECTED MAYOR & TRUSTEES. Municipal Judge Brown. Mayor: John Baudek Trustees: Chuck Levine, Wayne Newsom, and Bill Pinkham 2. APPOINTMENTS - MAYOR BAUDEK: Mayor ProTem Standing Committees: · Community Development · Utilities · Public Works · Public Safety Administrative Staff Building Code Board of Appeals Estes Vallev Board of Adiustment Estes Valley Plannina Commission Liaison Firemen's Pension Board Policemen's Pension Board Tree Board Miscellaneous Appointments 3. TOWN ADMINISTRATOR'S REPORT. 4. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Page 2 of 2 5=
. Town of Estes Park, Larimer County, Colorado, 2004 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 23rd day of March, 2004. 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 Randy Repola, Assistant Town Administrator Rebecca van Deutekom, Deputy Town Clerk Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and acknowledged the introduction of Lanty McCartney, newly named Executive Director of the Estes Valley Multicultural Connections. Town Administrator Widmer presented the "Certificate of Achievement for Excellence in Financial Reporting" Award for the Comprehensive Annual Financial Report for the fiscal year ended December 31, 2002. Finance Officer Brandjord and the entire Finance Dept. were acknowledged for their effort in obtaining the award. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 9,2004. 2. Bills. 3. Committee Minutes: A. Public Works, March 18, 2004: 1. Old Man Mountain Culvert Project, $8,245 ($3,245 Al Excavating plus $5,000 rip-rap) 2. Portion of 2004 Annual Street Improvement Program, $170,000 (the $150,000 Overlay portion will return to PWC late summer) 3. Hwy 34 Gateway Sign Landscape project, $5,770 (PW in house project) It was moved and seconded (Doylen/Barker) the consent agenda be approved, and it passed unanimously.
4 f Board of Trustees - March 23,2004 - Page 2 2. ACTION ITEMS: 1. ESTES PARK HOUSING AUTHORITY - REAPPOINTMENT. It was moved and seconded (Doylen/Newsom) Karla Porter be re-appointed for a 5-yr. term, expiring 4/13/09, and it passed unanimously. 2. PERSONNEL POLICY MANUAL - REVISIONS. Assistant Administrator Repola presented the following Personnel Policy Manual revisions: A. Health Insurance Portability and Accountability Act (HIPAA) - New. In April 2003, the federal government revised the Health Insurance Portability and Accountability Act of 1996 to provide for federal privacy standards regarding personal health information. HIPPA also requires that the Town affirm its compliance. Assistant Administrator Repola presented the revisions to include Item U(5) and Appendix B of the Town's Personnel Policy Manual. It was moved and seconded (Newsom/Gillette) the HIPAA policy statement and revisions to the Personnel Policy Manual be approved as presented, and it passed unanimously. B. Section M: Employee Conduct, Item #3 Alcohol and Druas - Revised. Town policy includes extensive detail relative to alcohol and drug testing for "safety sensitive" positions as defined by the Federal Department of Transportation. However, the policy does not address employees that do not fall under the "safety sensitive" category. In this case, the personnel manual contains ambiguous language on use of alcohol by employees while on duty. Assistant Administrator Repola presented the revised section of the Personnel Policy Manual and explained that Attorney White has reviewed the proposed revision. Discussion was held regarding supervisor training, methods of measurement, disciplinary procedures, and responsibility issue for testing fees. Mayor Baudek directed staff to include the following language in the policy: "Any testing requested or required by the Town shall be performed at the Town's expense." Concluding all discussion, it was moved and seconded (Doylen/Gillette) Section M: Employee Conduct, Item #3 Alcohol and Drugs be approved with the addition noted above, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Annual Report. The second edition of the Town's Annual Report has been distributed, and he commended the Town Newsletter Team (Repola, Button, Rutherford, and Shirk) and the Trail Gazette for the excellent effort. B. Maintenance Schedule. The Municipal Bldg. Remodel and Museum Expansion Projects are on schedule and progressing well. C. Sales Tax Report. The Economic Indicator Table was reviewed. January sales tax revenues were up 9.7% and YTD traffic counts are flat. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:24 p.m. John Baudek, Mayor Rebecca van Deutekom, Deputy Town Clerk
1L RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 25,2004 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 25th day of March, 2004. Committee: Chairman Gillette, Trustees Jeffrey-Clark and Newsom Attending: All Also Attending: Town Administrator Widmer, Police Chief Richardson, Fire Chief Dorman, Police Commander van Deutekom and Deputy Clerk van Deutekom Absent: None Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT Chief Richardson introduced new officer James Carsto who began his employment on St March 1 . James recently graduated from Arapaho Community College and has lived in Colorado for the past 6 years. Disabled American Veterans Parking - Approval Request. Ted Shanks/Veterans Services Incorporated (VSI) explained that VSI is a private non-profit group that provides transportation services to local veterans. The local VSI group presented a request for a designated parking space within the Municipal Parking Lot to park their vehicle and advertise their service. The Committee recommends allocating a parking space behind the Police Dept. in the Municipal Parking Lot for the local VSI vehicle. Reports Review of Municipal Code Chapter 9.32.060 - False Alarms. Chief Richardson briefed the Committee on the Dept.'s procedure to notify business owners (with alarm systems) of their intent to enforce Chapter 9.32, Section 060, False Alarm Charges & Penalties. In 2002, Business owners were notified by letter (and given a year) to correct any problems with their alarm systems. Chief Richardson reported that 186 false alarms were reported in 2002 compared to 129 in 2003, representing a 70% decrease in false alarm billings. Businesses are currently allowed 4 false alarms prior to receiving a fine. Consensus was reached by the Committee that 4 alarms is extremely generous and consistent with fine scales nationwide. Animal Medical Center Agreement. Chief Richardson reported that the Dept. has an agreement with the Animal Medical Center to impound animals at a cost of $7,200 per year. Staff believes there may be an opportunity to reduce the cost of this service and requests re-bidding this service. The Committee recommends staff solicit bids for the animal impound service, returning to the Committee for further action. Letter from County Commissioner Rennels. The Board of County Commissioners is forming a Citizens' Criminal Justice Committee to examine the criminal justice process and infrastructure and to make recommendations for improvement, changes, and investment. This group will convene approximately twice a month for the next 6 months. They are requesting a representative from the Town Board serve on this committee to assist in addressing this critical issue. Chief Richardson will attend the March 3001 meeting on behalf of the Town Board. Following the April 6th Municipal Election, Board members will be given the opportunity to represent Estes Park and volunteer for this committee.
RECORD OF PROCEEDINGS , Public Safety Committee - March 25,2004 - Page 2 FIRE DEPARTMENT Estes Park Fire Protection District Service Plan. Town Board Goal #7 was established to investigate the feasibility of creating a fire district for the service area of the Estes Park Volunteer Fire Dept. Last year a committee was formed to develop a Fire Protection District Service Plan. Members of the committee included the Town Administrator, Town Attorney, Mayor, Trustee, Fire Chief, 2 Dept. Heads, and a member of the Volunteer Fire Dept. At the September 9,2003 Town Board meeting, the Board authorized the Fire District Action Team to proceed with establishment of a fire district. Part of the formation consists of developing and providing a Service Plan to the County Commissioners. The service plan must include the following information: * The description of the property to be included ~ Description of the proposed service > Financial plan (how services will be financed, including revenue derived from property taxes) > Map of the special district, including an estimated population and valuation for assessment of the district > A general description of the facilities to be constructed > A general description of the estimated cost of acquiring land and operation services > A description of any arrangement with any other political subdivision for provision of any services Discussion was held regarding commercial property taxes, public safety requirements, tax equity, and fire district staffing levels. Concluding all discussion, the Committee recommends the Estes Park Fire Protection District Service Plan be submitted to the Larimer County Commissioners for their approval. Reports. Emergency Buddy Breathing Systems (EBBS). EBBS devices have been installed on all air packs. Grant Updates. $ FEMA. Funds are being requested for a mobile burn unit (trailer) to assist the Dept. in life fire training. This is a 90/10 matching grant. * Wellness & Fitness. This program is in place and has been extremely beneficial to the Dept. All volunteers have completed their physical/stress tests and met with a dietitian and weight trainer to develop individualized wellness/fitness programs. ® Decontamination Trailer. This unit has been ordered and should be received early May. ® Wildland Fire Engine. This unit has been ordered. The truck is currently being built and should be received the end of May. Big Thompson Canyon' Fire. Chief Dorman briefed the Committee on the Big Thompson Canyon structure fire that occurred last week. No firemen were injured; however, the homeowners were treated for smoke inhalation. Chief Dorman discussed the current water levels and fire ban potential. Forest Service and National Park officials will meet April 1St to discuss the situation and will make a fire ban decision. There being no further business, Trustee Jeffrey-Clark adjourned the meeting at 8:20 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 1, 2004 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 1 st day of April 2004. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: Trustee Habecker Absent: Chairman Doylen and Trustee Barker Also Attending: Town Administrator Widmer, Directors Joseph and Pickering, Mgrs. Hinze, Marsh, Group Sales and Marketing Mgr. Nikolai, and Deputy Clerk van Deutekom Trustee Habecker called the meeting to order at 8:01 a.m. ADVERTISING POLICY COMMITTEE. 1. Mgr. Marsh reported that as of February 29~h requests for information were up 27.5%, advertising generated requests were up 125.9%, e-mailed requests were up 72.58%, and WATS line calls were down 18.8%. Additional items discussed include magazine ads and the 2003 Media Information Program Report. Current Projects: 4 Jazz Fest 4 June Rodeo 4 May and June newspaper ad development 4 May Insert GROUP SALES. 1. Mgr. Nikolai presented the 2004 conference listing as of March 2601. A total of 72 groups (19 local) are currently scheduled at the Conference Center, compared to 50 for the same period in 2003. Mgr. Nikolai noted that a direct mailing in the first quarter of 2004, targeting travel and conference writers, may account for an increase in published articles highlighting Estes Park. SPECIAL EVENTS. 1. Mgr. Hinze presented the following 2004 Parade Permits (Items A-C) and Standard Agreement (Item D) for the following events: A. Rooftop Rodeo, July 13 B. Longs Peak Scottish Parade, September 11 C. Come Catch the Glow Christmas Parade, November 26 D. Rocky Mountain Team Penning Association, September 17,18,19 The Committee recommends approval of the Permits and Agreement as identified above. 2. Longs Peak Scottish Festival - Street Closure Request. Director Hinze presented a street closure request from the Longs Peak Scottish Festival. The closure will be effective from approximately 8:30 a.m. on September 10 through September 12th and include Community Dr. from Hwy. 36 to Manford Ave. The Committee recommends approval of the street closure as presented.
. r RECORD OF PROCEEDINGS , Community Development Committee - April 1, 2004 - Page 2 COMMUNITY DEVELOPMENT. 1. Development Application Fee Waiver - Approval Request. Director Joseph summarized events of 1971-72 regarding the subdivision plat filed with Larimer County for Prospect Terrace Vacation Homes in Country Club Manor. In 1972, the Town determined that the property owner by-passed the approval process; therefore, the plat was considered to have been filed in error and the subdivision was illegal. Shortly thereafter, the owner appeared before the Town Board and received an exemption, thus removing the "illegal" status from the subdivision. However, no documents were filed with Larimer County regarding this exemption, thus the initial plat remained the sole recorded document on file. As a result, in 1997 staff inaccurately informed homeowners of the "illegal" subdivision status and required a subdivision re-plat (at the homeowners' expense) to rectify the problem. Subsequently, in 2004 a subdivision plat was filed by the owners of the four northerly lots in response to the concern. Staff recently located misfiled documents from 1971-72 detailing the exemption granted by Town Board and realized the information being presented to current homeowners was inaccurate. Ravit Michener explained that Van Horn Engineering has performed survey work for a new subdivision plat at a cost of $2,000. An additional $500-$600 will be incurred to complete the survey process. As the re-plat is now unnecessary, Ms. Michener is requesting reimbursement of the surveying fees and waiver of the $200 application fee. Discussion was held regarding legal precedents/obligations, benefits of re- platting, and title requirements for future owners. Concluding all discussion, the Committee recommends approval of the $2,000 payment to Van Horn Engineering for surveying fees associated with the Country Club Manor subdivision re-plat. Ms. Michener is making a good faith effort to complete the new subdivision approval requirements, thus should other homeowners refuse to sign the plat, the Town will accept recordation of a new boundary survey, fulfilling the payment agreement outlined above. There being no further business, Trustee Habecker adjourned the meeting at 8:36 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk
. L RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 8,2004. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 8th day of April 2004. Committee: Chairman Jeffrey-Clark, Trustees Gillette and Newsom Attending: Chairman Jeffrey-Clark and Trustee Newsom Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Supt. Goehring, Fleet Mgr. Mahany, and Deputy Clerk van Deutekom Absent Trustee Gillette Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. WATER DEPTARTMENT 1. Vehicle Replacement - Request Approval. The Department budgeted for the replacement of their 1996 GMC 34-ton 4x4. This vehicle is 8 years old, has 81,000 miles, and is within the Town's vehicle replacement parameters. The following bid was received: Phil Long Ford: $42,927.81 2004 Ford 4x4 w/utility body - 7,000.00 Trade-in (96 GMC 4x4) $35,927.81 Bid Price Estes Park Auto Mall: No response. Burt Automotive Group: No response. The Budget includes $38,500 to replace this vehicle. The Committee recommends acceptance of the bid from Phil Long Ford to purchase a 2004 Ford 4x4 Truck w/utility body at a cost of $35,927.81, as presented. Reports * Monthly Financial Report. The Light and Power and Water Financial Reports and associated graphs were reviewed. > Estes Park to Loveland Fiber Optics Project. Work will begin this fall and be completed in approximately 2 weeks. * Light and Power Department Bond Rating. The Dept. continues to maintain an "A" bond rating. * Christmas Decorations Project Report. This report will be presented at the May meeting. * Fall River Road Tank and Water Line. The project design work is nearly completed and easement issues are being resolved. Director Linnane noted that construction is tentatively set for September. * Water Rights Lease Market. The Town will, once again, have water rights available for lease. Attorney White will contact various entities to advertise this availability. > Snow pacldEstimated Stream flows. Utilities Supt. Goehring briefed the Committee on issues discussed at a recent Northern Colorado Water Conservancy District (NCWCD) meeting. The moisture content of Big Thompson River Basin is estimated
r RECORD OF PROCEEDINGS , Utilities Committee - April 8,2004 - Page 2 at 58% of average and stream flow at 44% of average, which is alarmingly low. The initial quota set at the beginning of the water year (November 1, 2003) was 50%. This percentage could change to 60% this month. Staff will brief the Committee of any changes at the May meeting. ~ Flushing Program. Staff will flush the main water lines April 13-16 and 20-23. * Town Map. Revised Town maps are now available in printed form and on the website. * Olympus Dam Project Update. Construction could begin as early as 2005, depending on Platte River Power Authority budget constraints. Project bids will be requested prior to construction. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 8:44 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk
4 Estes Park Housing Authority (EPHA) Board Meeting Date: March 10, 2004 Members Present: Susan Doylen, Eric Blackhurst, Catherine Jensen, Jack Dinsmoor, Karla Porter Members Absent: none Staff Present: Rich Ekwall, Mariann Pugh, Rita Kurelja Others Present: Rick Patton, Joe Wise Guests: Kari Hamel The March 10, 2004 meeting of the Estes Park Housing Authority was called to order by Chairperson Susan Doylen at 8:35 a.m. in room 203 of the Estes Park Municipal Building. APPROVAL OF MINUTES: Motion was made to approve the February 11,2004 minutes of Estes Park Housing Authority Board of Directors meeting by Eric Blackhurst and seconded by Jack Dinsmoor. Vote was called for. All voted Aye. Motion to approve the February 11, 2004 minutes of the EPHA passed. COMMITTEE REPORTS: None DEVELOPMENT UPDATES: Talon's Pointe • MariAnn Pugh reported that Talon's Pointe had one vacancy. • Kari Hamel, a tenant from Talon's Pointe was introduced to the Board. She reported to the Board that she had been having difficulty with the hot water heater in her unit not staying lit. This was an ongoing problem since she moved in. Rich Ekwal replied that he thought it was being taken care of and said he would address it with Drahota Construction immediately. Vista Ridge • Construction Update: Rich Ekwal reported that Phase 2 of was ready to go. Coe construction will be moving into the kennel building. Building permits were not yet ready from the TEP. Had a pre- construction meeting with the towns building officials and sub-contractors. First buildings in Phase 2 should be ready by late August or early September. • Financing. EPHA has submitted a contract to purchase on one unit. This fulfilled the Bank of Colorado's requirements for Phase 2. The EPHA will not purchase unless it becomes necessary. • Marketing. Joe Wise reported that 2 more units were under contract with one Market Rate unit closing today and the Affordable unit to close next week. Phase 2 listing agreement has been signed and units entered in the MLS. Currently have 5 interested Affordable Buyers. EPHA Board Meeting Minutes Page 1
' Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Cleave Street • Rita Kurelja reported that Cleave Street Apartments were full. Leases are currently being renewed at the new rental amounts. • Rita reported to the Board that we were currently beginning the process renovating Cleave Street. Moofie Miller and Rita were working on applying to DOH for funding. As an architect would be needed to obtain some conceptual ideas Rita asked the Board io reallocate $5500 that has been budgeted for in painting and landscaping for architectural fees. Motion was made by Eric Blackhurst and seconded by Cathy Jensen to re-allocate up to $5500 for architectural fees for the purpose of renovating the Cleave Street Apartments. Vote was called for and all voted Aye. Motion passed. May meeting As the May meeting of the EPHA falls on May 12, the same day the NAHRO conference will be held in Estes Rita asked the Board to consider moving it. It was decided to move it to May 5, 2004 at 8:30 pm. Housing Fund Sue Doylen is asking the Board to consider setting aside some cash reserves for the purpose of funding displaced families. She is suggesting the EPHA set up a defined fund that would allow the HA to help families that are being displaced. The monies would be taken from our current funds. Eric Blackhurst questioned if that was the mission of the EPHA. It was agreed that a committee would be needed to examine the possibility and feasibility. Sue Doylen will chair the coinmittee. OTHER BUSINESS: None noted ADJOURN: The meeting was adjourned at 9:30 a.m. Respectfully submitted, Rita Kurelja Program Manager Estes Park Housing Authority EPHA Board Meeting Minutes Page 2
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment April 6,2004,8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Bill Horton, Members Jeff Barker, Wayne Newsom, Al Sager, and Cliff Dill Attending: Chair Horton, Members Barker, Newsom, Sager and Dill Also Attending: Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent: None Chair Horton called the meeting to order at 8:02 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA a. The minutes of the March 2,2004 meeting. b. Portion of SE y. of the SE y. of Section 27, T5N, R73W - Applicant request to continue item to the May 4,2004 meeting. It was moved and seconded (Newsom/Sager) that the Consent Agenda be accepted and it passed unanimously. 2. PORTION OF NW 1 /4 OF SE 1/4 SECTION 34, T5N, R73W OF THE 6TH P.M., 1985 MORAINE AVENUE, APPLICANT: DALLMAN CONSTRUCTION - VARIANCE REQUEST FROM SECTION 7.5.F.2.B.(6) OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. This is a request to allow a driveway to be located within the mandated arterial street frontage buffer landscape area. The driveway is proposed to run parallel to the right-of-way for approximately 200 feet. A development plan is currently under review in the Community Development office, which proposes eleven accommodation condominiums. The narrow shape of the lot, the river setback requirement, and the 25 foot highway buffer combine to create special circumstances associated with the lot. The variance request would allow development in an area that is normally reserved for landscaping. The proposed development is a significant change from the existing single-family dwelling; and therefore, would be an impact on the neighborhood. Staff recommends additional screening is included to balance the variance relative to the standard. This request does not represent the least deviation that would afford relief. Units 7 through 10 could be redesigned to eliminate the garages and allow a driveway that meets the code. Board Member Sager questioned the 30 foot river setback for this project instead of the code requirement for a 50 foot river setback. Planner Shirk stated that the river setback for developed lots in 30 feet in lieu of the 50 foot setback. Board Member Sager stated the existence of a single-family home on the lot does not in his mind make the lot developed. Director Joseph advised that the code does not make a distinction between developments. Lloyd Morris of Cornerstone Engineering was present to represent the applicant. He stated that all existing structures on the lot will be eliminated. He advised there is a 7 foot drop off from the road to the property. This drop off will minimize the visual impact of the project from the roadside. The applicant is going to place additional trees between the highway and the proposed driveway. Board Member Sager asked what the grade of the driveway will be due to the 7 foot drop off. Mr. Morris stated fill will be brought in with a maximum grade of 12 percent.
RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 April 6,2004 Public Comment: None. It was moved and seconded (Dill/Newsom) to approve a variance from Section 7.5.F.2.b.(6) "No Development in Street Frontage Buffer Area" to allow a driveway within the landscape buffer area and the motion passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Approval of a development plan for the property. 2. A minimum of two (2) 8-foot tall evergreen trees shall be planted between units 6 and 7 and, a minimum of two (2) 8-foot tall evergreen trees shall be planted between units 8 and 9. These shall be delineated on the landscaping plan for the development plan. 3. A minimum of two (2) 8-foot tail evergreen trees shall be placed between the proposed driveway and the north property line. These shall be delineated on the landscaping plan for the development plan. 3. LOT 13, LITTLE VALLEY 2ND, TBD STAR WAY. APPLICANT: PONDEROSA CONSULTING - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. Applicant requests a variance to allow a north side yard setback of 28 feet in lieu of the 50 foot setback required by the code to build a single-family dwelling. The lot is sub-sized for the "RE" zone district, is narrow, has rock outcroppings, and has a slope of approximately 35-40%, steeper towards the western portion of the lot. The essential character of the neighborhood would not change. The house is similar in size and lot orientation to others in the Little Valley area. The applicant has recently purchased the lot. The property has had 50 foot setbacks since at least 1993. A conforming house could be designed to fit the lot. The applicant's predicament could be mitigated through some method other than a variance. The Little Valley Homeowners Association has written a letter of support. Board Member Newsom questioned why the applicant is not requesting a height variance when it is clear they already exceed the limit. Planner Shirk advised that the height limit was not recognized until later when the applicant was already out of the country. He stated compliance could be achieved at the building permit process. The applicant can lower the pitch of the roof to meet the requirements. Jason Hilton, employee of applicant, was present to represent the applicant. He stated it would be possible to move the house down to the steeper portion of the lot; however the leach field would then have to be placed higher which would be in conflict with the wells in the area. He advised they have been working closely with the Little Valley Homeowners Association and the property owner to the north. It would be aesthetically pleasing to place the house higher on the lot. This in turn would allow for access off of Star Way and allow for a south facing driveway. Public Comment: None. Based on the narrowness, steepness and the approval from both the Little Valley Homeowners Association and the neighbor to the north, it was moved and seconded (Newsom/Barker) to approve a twenty-two foot (22) variance from the fifty foot (50) side yard setback to build a single-family dwelling twenty-eight feet (28) from the northern side yard setback and the motion passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Compliance with the approved site plan.
RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 April 6,2004 2. Prior to pouring foundation, a setback certificate prepared by a registered land surveyor shall be presented to the building official. A copy shall be submitted to Community Development. 3. Full compliance with the Uniform Building Code. 4. An engineered foundation will be required. 5. A building permit is required prior to any construction work on this project (including excavating). 6. The applicant shall contact the Wildfire Safety Coordinator (Tony Simons) at 970-498-7718. Board Member Sager would like staff to provide the members with a realtor map of the Little Valley area. Board Member Newsom will provide staff with realtor maps of the Little Valley and Winddiff areas. 4. ESTES VALLEY BOARD OF ADJUSMENT BYLAWS Director Joseph stated the County has made some minor housekeeping changes to the bylaws. If the Board approves the bylaws they will move forward for final adoption by the Town Board. It was moved and seconded (Sager/Barker) to approve the Supplemental Rules and Procedures (Bylaws) with the capitalization of the words Chair and Vice- Chair and it passed unanimously. 5. REPORTS Director Joseph reported that the processing schedules have been updated for the Board of Adjustment and Planning Commission. Board Member Barker feels the increase in review time is irresponsible to the needs of the citizens. He feels we are increasing the burden on the citizens and it needs to be recognized. Director Joseph stated these changes were prompted by a lawyer who stated we are not following the timelines as they are presented in the code. Theses changes to the processing schedule were made to meet the current language in the code. Board Member Newsom would like staff to contact the contractors to inform them of the processing time change. Director Joseph stated staff would inform the contractors of the change. Board Member Sager asked what the timeline is for getting the alternate position filled. Director Joseph stated the County is currently accepting applications to fill the alternate position. Board Member Newsom would like the Town to have input on who the County selects. Board Member Barker stated he intends to resign from the Board once the Major has chosen a replacement. There being no further business, Chair Horton adjourned the meeting at 9:00 a.m. Bill Horton, Chair Jacquelyn Williamson, Recording Secretary
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission March 16,2004,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Homeier, Commissioners Wendell Amos, Judy Haggard, George Hix, Bill Horton, Joyce Kitchen, and Edward Pohl Attending: Chair Homeier, Commissioners Amos, Haggard, Hix, Horton, Kitchen and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Shirk, and Recording Secretary Williamson, Town Board Liaison Habecker present at the study session Absent: Planner Chilcott Chair Homeier called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated February 17, 2004. b. AMENDED PLAT OF THE AMENDED PLAT OF LOTS 1, 2, AND 3, PARK HILL SUBDIVISION, AND LOT 11 OF THE REPLAT OF A PORTION OF PARK HILL SUBDIVISION, Mall Road and Joel Estes Drive, Applicant: Van Horn Engineering 1. The dedication.statement shall be changed to dedicate rather than reserve perpetual easements. 2. Compliance with memo from the Department of Energy dated February 9, 2004. It was moved and seconded (Amos/Hix) that the Consent Agenda be accepted and it passed unanimously. 2. PUBLIC COMMENT None. 3. PRELIMINARY CONDOMINIUM MAP, THUNDER CANYON CONDOMINIUMS, LOT 22, STANLEY HILLS SUBDIVISION PUD, 720 Black Canyon Drive, Applicant: Mountain View Vacations, LLC Planner Shirk reviewed the staff report. The Planning Commission approved the - Thunder Canyon Development Plan #03-12 on November 18, 2003. That approval provided for 17 residential units on a platted PUD lot. These units are currently under construction, and the applicant is now proposing the condominium map to allow for individual sale. The property is zoned "A-1" Accommodations, which allows both residential and accommodation uses; the covenants allow for uses consistent with the EVDC. The condominium map is consistent with the approved development plan. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Buildings "C", "E", and "G" include limited common elements in the driveway aprons. The declarations should be modified to prevent cars from being parked in those areas, which would hinder the traffic flow for the majority of the units. Public Comment: None. It was moved and seconded (Horton/Kitchen) to recommend approval to the Town Board of Trustees the Thunder Canyon Preliminary Condominium Map Lot 22, Stanley Hills Subdivision PUD, 720 Black Canyon Drive with the following conditions and it passed unanimously. 1. Compliance with Development Plan 03-12 "Thunder Canyon".
RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 March 16, 2004 2. Compliance with EPSD memo dated February 27, 2004 referencing the private sewer line and plant investment fees. 3. Compliance with Public Works memo dated February 26, 2004 (except numbers 1 and 2). 4. Section 22 of the Condominium Declaration shall be amended to refer to seventeen units instead of twelve. 5. The declarations shall be modified to prevent cars from being parked in those areas that would hinder the traffic flow. 4. AMENDED PLAT OF CARRIAGE HILLS 4TH FILING, LOTS 4, 5, 28,29, 30,31, 32, 33, 34, 35, 36 AND 97, BLOCK 10, AMENDED PLAT OF CARRIAGE HILLS 4TH FILING, 1031 Fawn Court, Applicants: Sol & Judith Bassow Planner Shirk reviewed the staff report. This is a request to combine twelve lots into a single lot and vacate the currently unimproved Driftwood Lane, a cul-de-sac that was platted to provide access only to lots being vacated with this proposal. Staff recommends a condition of approval for the vacation of the right-of-way would be to dedicate a trail easement along Fish Creek Road. This is in an area planned for an expansion of the trail system. The vacated right-of-way would become a part of the applicant's property. Joe Coop of Van Horn Engineering was present to represent the applicants. He stated the applicants feel they are doing public good by combining the lots in perpetuity and filing a conservation easement. The recorded conservation easement does not allow a trail; however the easement could be amended to allow a trail with the approval of the Estes Valley Land Trust. The applicants feel it is feasible for the Town to place the trail between the current right-of-way and Fish Creek Road. Mr. Coop advised that the applicants believed Driftwood Lane had already been vacated, and if the trail becomes an issue they will not vacate Driftwood Lane. He stated there are no firm plans for the placement of the trail. Mr. Coop spoke to the difficulties in placing the trail along the west side of Fish Creek Road, i.e. willows along the creek, narrowness between the creek and the roadway, and already developed lots along Fish Creek Road. Planner Shirk advised the trail easement would allow the trail to be placed away from the road outside of the right-of-way. Commissioner Kitchen asked if it might not be better to locate the trail along the east side of Fish Creek Road due to the development along the west side of the roadway. Planner Shirk advised the current trail is to be extend to.Scott Avenue this year along the west side and to cross over to the east side would create a traffic hazard. Director Joseph stated it has been the practice of staff to request trail easements when the opportunity presents itself. Commissioner Homeier asked if the easement was granted it may never be used. Director Joseph stated yes, the trail might be located on the opposite side of the road. Public Comment: Lonnie Sheldon of Van Horn Engineering stated the trail easement should not be a requirement for this amended plat. He advised the applicants would back out of the Driftwood Lane right-of-way vacation if the trail easement is a requirement for this plat. His client is willing to discuss the trail easement at a later date when there is a definitive trail location proposed. Mike Menard, owner of Lot 27, Block 10, Amended Plat Carriage Hills 4~h Filing, spoke in opposition to the trail easement. He stated if a 20 foot trail easement were placed on his lot he would have a small building envelope in which to build. Ed Kitchen was present to represent his father who is a neighboring property owner. He feels the trail should run along the east side of the road in this area because there is more room and the houses sit back farther from Fish Creek Road.
RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 March 16,2004 Director Joseph stated a slope easement could be granted instead of the trail easement to allow for some grading outside of the right-of-way. Attorney White advised if the applicant is agreeable to this compromise then staff should negotiate the easement agreement and recorded it through a separate document. Mr. Sheldon feels the applicants would be hesitant to grant a slope easement without knowing where the trail will be placed. Attorney White advised the Town has had difficulties building trails even with an easement in place. He feels this is a proper avenue for obtaining an easement. Commissioner Kitchen is worried if this easement is granted it may become a land locked easement. Commissioner Pohl feels the applicants are asking to replat their property for a tax benefit and he does not see any guarantee the trail easement will be granted in the future. It was moved and seconded (Pohl/Amos) to recommend approval to the Board of County Commissioners the Amended Plat of Carriage Hills 4th Filing, Lots 4, 5,28, 29, 30, 31, 32, 33, 34, 35, 36 and 97, Block 10, Amended Plat of Carriage Hills 4th Filing, 1031 Fawn Court with the following conditions, and the motion passed. Those voting "Yes" Haggard, Hix, Homeier, Amos and Pohl. Those voting "No" Kitchen and Horton. 1. Reformat plat for recording (remove improvements). 2. Change dedication statement to "dedicate" rather than "reserve" utility easements. 3. Remove references to building setbacks. 4. A 20 foot trail easement shall be dedicated along the eastern property line. 5. AMENDED PLAT OF LOT 10A OF THE AMENDED PLAT OF LOT 1 AND LOT 10, BLOCK 3, AND LOTS 1-3, BLOCK 2, LARIMER TERMINALS SUBDIVISION, Intersection of Elm Road and Kenwood Lane, Applicant: South Bend Development, LLC Commissioner Kitchen abstained due to a conflict of interest. Planner Shirk reviewed the staff report. This is a request by South Bend LLC to amend four lots and vacate a portion of Ivy Lane right-of-way (unimproved) and realign right-of-way for Kenwood Lane. The applicant intends to slightly adjust the common lot line between Lot 2, Block 2 and Lots 1 and 3, Block 2; and to realign the east-west lot line between Lots 2 and 3 to a north-south orientation. In addition, the proposal includes vacating the western portion of Ivy Lane, and absorbing that right-of-way into proposed Lot 3. Ivy Lane is unimproved, and to the best of staffs knowledge it has been unused since the original platting of Larimer Terminals in 1957. The proposal includes a request to realign the Kenwood Lane right-of-way to provide a right-angle intersection with Elm Road, and to vacate 5 feet from the current 60 foot width. The 7-1" district is limited in the amount of land area, it is staffs opinion the land should be incorporated into buildable lots, rather than right-of-way. Public Comment: Mike Miller, 911 Juniper Lane, spoke in opposition to the vacation of Ivy Lane. He stated he would prefer accessing his lot off of Ivy Lane than the increasingly busy Juniper Lane. He also stated that vacating Ivy Lane would land lock the property to the north of his lot. Doug Klink, applicant, stated he approached Mr. Miller last year regarding the vacation of Ivy Lane and believed he was amenable. The property owner to the north had stated they have no plans to use Ivy Lane and will gain access to their lot from Juniper Lane. Tobin Donahue, 911 Elm Road, spoke in opposition to the vacation of Ivy Lane. He feels there is too much traffic on Juniper Lane.
RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 March 16,2004 Commissioner Horton questioned the need to vacate Ivy Lane. Mr. Klink stated that because Ivy Lane had not been used in the past and was not going to be used in the future it made since to vacate the right-of-way and put the "1" zoned land to better use. Mr. Klink would like to continue this proposal a month to discuss the vacation of Ivy Lane with the neighboring property owners. It was moved and seconded (Horton/Hix) to continue the item at the applicant's request to the April 20,2004 Planning Commission meeting and the motion passed with Commissioner Kitchen abstaining. 6. REPORTS Director Joseph and Planner Shirk attended the Rocky Mountian Land Use Conference last week. Planner Shirk reported on the recent Town Board and Board of County Commissioner actions. There being no further business, meeting was adjourned at 2:51 p.m. Richard Homeier, Chair Jacquelyn Williamson, Recording Secretary
Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: David Shirk, Planner 11 Date: April 13, 2004 Subject: Thunder Canyon Preliminary and Final Condominium Maps Background. The Planning Commission approved the Site Thunder Canyon Development _._ Plan (DP 03-12) on November 1 18, 2003. That approval 1 1- V r 1 provided for 17 residential units kt r IL on a platted PUD lot. These ~ · are currently under E --# /47 -- 1 1--- i '' i.... , / construction, and the applicant Stanley Hotel .- lu.. -/ - ,[2' f s now proposing the ---4- L« /*.~ -'\ 1-_- condominium map to allow for . .. 1_ 1 F /' .,--1 1---- \ 1 ''-3 7 individual sale. The property is , zoned "A-1" Accommodations, N which allows both residential and accommodation uses; the covenants allow for uses consistent with the EVDC. The condominium map is consistent with the approved development plan. The site is located at 720 Black Canyon Drive. Budget. N/A Action. At their regularly scheduled March 16 meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of the Preliminary Condominium Map of Thunder Canyon Condominiums CONDITIONAL TO: 1. Compliance with Development Plan 03-12 "Thunder Canyon".
2. Compliance with EPSD memo dated February 27, 2004 referencing the private sewer line and plant investment fees. 3. Compliance with Public Works memo dated February 26,2004 (except numbers 1 and 2). In addition, Community Development Staff recommends APPROVAL of the Final Condominium Map of the Thunder Canyon Condominiums CONDITIONAL TO compliance with the approved Preliminary Condominium Map. (Please note: Final plats are not subject to review by the Planning Commission. The applicant has opted to present the final plat to the Town Board at the same time as the preliminary map.) •Page 2
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: April 7,2004 Subject: East Riverwalk Center Condominiums Supplemental Map #2 - Final Condominium Map Application Background. The applicant, Pika Properties, LLC, Inc. has submitted a final condominium map application for the East Riverwalk Center Condominiums. The lot is zoned "CD" Downtown Commercial. Uses will include retail, restaurant, office and possibly residential. Planning Commission approved Development Plan #03-09 and the preliminary condominium map for this property on August 19, 2003. Town Board approved the preliminary condominium map at the September 9, 2003 meeting. This final condominium map is consistent with the approved development plan and preliminary condomnium map. % /1 A. Development plan approval included US 1*Bypass ~-~=- ~_~0-0"t'yingcommocial Ls -10/ expansion and remodel of Building 1 r- = Black C &,yon Cieek F and construction of Building 2. The \4 IUS 36 ~ second floor of Building 2 will house Macalegoi Avenue ,-ILL___1 office and possibly residential uses on -, the second floor. Unit J is the only unit 1 approved by the Town Building Department for residential use. The Declaration allows residential use of all 362 East Elkhorn Avemie 1 "CD"Downtown Coitine,cial ~ \»\ yr f second floor units. Changing the use East Elkholi, Avm„ie /-4 Big TI,ompson Rive, of other second floor units to ETT T-FJ .- Estate 3 residential requires Town Building 1 7/ \ 23-f--7 ' /1 Department review and approval. A total of twenty condominium units will be created, 7 in Building 1 and 13 in Building 2. This map and declaration reserves the right to divide Units F and G in Building 1 into
Town Clerk's Office Memo To: Honorable Mayor Baudek and Board of Trustees Town Administrator Widmer From: Town Clerk O'Connor Date: April 8,2004 Re: Final Election Report STATEMENT AND CERTIFICATE OF DETERMINATION OF ELECTION HELD APRIL 6,2004 TOWN OF ESTES PARK Precinct #1 Walk-In/ Polling Total Votes FOR MAYOR: Absentee Place Cast JOHN BAUDEK* 266/31 303 600* LORI JEFFREY-CLARK 97/13 134 244 Walk-In/ Polling Total Votes FOR TRUSTEE: Absentee Place Cast BILL PINKHAM* 261/32 320 613* PATRICK CIPOLLA 147/16 160 323 CHUCK LEVINE* 235/33 290 558* NORMAN D. PRITCHARD 112/17 133 262 WAYNE NEWSOM* 206/34 277 517* *Elected to 4-yr. terms
Total Registered Voters = 4,367 Number of Walk-In Votes Cast = 368 Number of Absentee Votes Cast = 49 Number of Polling Place Votes Cast = 440 TOTAL VOTES CAST = 857 = 19.6% I reviewed the election records back to 1994, and since we have been tracking percentages, this was the lowest voter turnout on record. Ballot particulars: I issued a total of 57 Absentee Mail-In Ballots, and 49 were received by the April 601 deadline. A total of 859 ballots were issued; however, two ballots were "spoiled" by voters resulting in these two ballots being re-issued. As you will recall, we rented the Accu-Vote Election System from Larimer County, and I am pleased to report the voting equipment operated very well, and the mechanics of the election process were well planned. Rich Smith served as Head Judge, and Helen Matzke, Carolyn and Stan Jones, Claudia Irwin and Jean Weaver assisted as Election Judges throughout Walk-In and Polling Place voting. I was very impressed with their attention to detail and willingness to assist our electors. Deputy Clerk van Deutekom was instrumental in placing all candidate biographies and photos on the Town's website, and, with the accuracies mentioned above, she was able to post election results on the website shortly after 7:30 p.m. As all invoices have not yet been received, I will provide an election expense report in the near future. 2
. 2004 COMMITTEE ASSIGNMENTS Town Board Meeting April 13, 2004 BOARD OF TRUSTEES: Mayor: John Baudek Trustees: Sue Doylen Lori Jeffrey Clark Dave Habecker Chuck Levine Wayne Newsom Bill Pinkham Mayor ProTem: Trustee Doylen Community Development Committee Doylen, Chair Habecker Levine Museum Advisory Board Liaison - Trustee Doylen Rooftop Rodeo Committee Liaison - Trustee Levine Utilities Committee Jeffrey-Clark, Chair Newsom Pinkham Public Works Committee Habecker, Chair Jeffrey-Clark Levine Public Safety Committee Newsom, Chair Doylen Pinkham Larimer County Citizens' Criminal Justice Committee Representative - Trustee Pinkham Larimer County Emergency Management Planning Advisory Board Member - Mike van Deutekom. 1
4 I Administrative Staff Richard D. Widmer, Town Administrator Randy Repola, Assistant Town Administrator Vickie O'Connor, Town Clerk Rebecca van Deutekom, Deputy Town Clerk Gregory A. White, Town Attorney John P. Frey, Assistant Town Attorney Pete Brandjord, Town Treasurer/Town Clerk ProTem Lowell Richardson, Police Chief Gary R. Brown, Municipal Judge John W. Easley, Jr., Assistant Municipal Judge Scott Dorman, Fire Chief Daryl McCown, 1St Assistant Chief Robert Hirning, 2nd Assistant Chief Building Code Board of Appeals, 2-yr. Terms, Expiring 04/06 Karl Ertl (Re-appointment) Steve Lane (") Kerry Prochaska (") Estes Valley Board of Adjustment Trustee Levine (completing Barker's unexpired term of 2/28/06) Jeff Barker (New, Alternate), 3-yr. term expiring 4/07 Estes Valley Planning Commission Liaison, 2-yr. Term Expiring 04/06 Trustee Habecker Firemen's Pension Board Mayor Baudek Brandjord, Treasurer O'Connor, Secretary Dorman, President Landkamer, EPVFD Member Birchfield, EPVFD Member Policemen's Pension Board Mayor Baudek Brandjord, Treasurer O'Connor, Secretary Richardson, Police Chief 2
Tree Board, 4-yr. Terms, Expiring 04/08 Trustee Doylen (New) Wendell Amos (Re-appointment) Alice Gray (Re-appointments) Russ Franklin, Staff Tim Rische, Staff Miscellaneous Appointments Audit Committee: Mayor Baudek Trustee Pinkham Widmer, Staff Repola, Staff Brandjord, Staff North Front Range Water Quality Planning Association Linnane Goehring, Alternate Platte River Power Authority Board of Directors Mayor Baudek, 4/08 Windy Gap Wh ite Linnane, Alternate 3
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