HomeMy WebLinkAboutPACKET Town Board 2004-05-25, Prepared 05/17/04 ~~4; (1 v o It The Miseion of the Town of Estes Fark ie to plan and provide , reliable, hi0h-value services for our citizene, visitors, and employeee. We tai<8 0reat pride eneurin0 and enhancind the hak,iltzy-/1 1 ciuality of life in our community by being 0ood etewarde of public Uke»/ resources and natural eetting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 25,2004 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE SWEARING-IN CEREMONY - Police Officer James Carsto. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 11, 2004. 2. Bills. 3. Committee Minutes: A. Utilities, May 13,2004: 1. Water Shop Retaining Wall, Cornerstone Concrete, $32,255. 2. Habitat for Humanity Water Tap Waiver, 652 Halbach Ln. B. Public Works, May 20,2004: 1. 2004 Street Overlay Contract, Aggregate Industries, $170,000. 4. Estes Valley Board of Adjustment, May 4,2004 (acknowledgement only). 5. Estes Valley Planning Commission, April 20, 2004 and May 18, 2004 (acknowledgement only). 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 Continued on reverse side
r I , 1. CONSENT ITEMS: 1. PRELIMINARY & FINAL CONDOMINIUM MAP: A. Sundance Condominiums, Tract 69B of the First Replat of Tract 69, Fall River Addition, Brian Murphy/Applicant. 2. SUBDIVISION. A. Sixth Green Estate Subdivision, a Portion of Lot 9, S. St. Vrain Addition, Robert Dekker/Applicant - APPLICANT HAS REQUESTED THIS ITEM BE CONTINUED TO THE JUNE 22, 2004 TOWN BOARD MEETING. 3. SUBDIVISION & REZONING. A. Bighorn at Spruce Subdivision, a Portion of Lots 22 & 12, Block 10, 2nd Amended plat, Town of Estes Park, David & Susan HabeckedApplicant - APPLICANT HAS REQUESTED THIS ITEM BE CONTINUED TO THE JUNE 22, 2004 TOWN BOARD MEETING. 2. ACTION ITEMS: 1. CONVENTION & VISITORS BUREAU BUDGET APPROPRIATION. C.V.B. Director Pickering. 2. RESOLUTION #8-04 - 2004 BUDGET SUPPLEMENT. Finance Officer Brandjord. 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. 2
Town of Estes Park, Larimer County, Colorado, May 11, 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 11 th day of May, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all recited the Pledge of Allegiance. Clerk O'Connor read a Proclamation naming the month of May as "Foster and Kinship Care Month", and Mayor Baudek presented same to Katie Sims, who commented on her favorable experience with the foster care program, urging other families to participate. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 27,2004, and Study Session May 5,2004. 2. Bills. 3. Committee Minutes: A. Community Development, May 6,2004: Special Events Dept. 1. Stanley Park Master Plan Request for Proposals (RFP) - See Action Item #2 below. 4. Estes Park Housing Authority, April 14, 2004(acknowledgment only).
* t Board of Trustees - May 11, 2004 - Page 2 5. Resolution #7-04 - Schedule public hearing date of June 8, 2004 for New Hotel & Restaurant Liquor License Application filed by Himalchuli Corporation, dba NEPAL'S CAFE, 184 E. Elkhorn Ave., Unit H. It was moved and seconded (Doylen/Pinkham) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. ROCKY MOUNTAIN NATIONAL PARK - PROJECT UPDATE. Larry Gamble and Kyle Patterson gave an update on the following projects: > Visitation - April was down 3%; however, year-to-date figures are up 7%. > Budget. RMNP has been facing a flat to eroding budget for the last 3 to 4 years. Staff is attempting to retain core services by modifying certain evening programs and staffing. The Volunteer Program is critical to the Park's operation. P Bear Lake Road Reconstruction. Beginning the 2nd phase of construction, and the shuttle will start-up 5/14. In 2003, there were 463,000 shuttle passenders. Re-vegetation work will restore the area to its original condition. > Hidden Valley. This summer, construction will be finalized to convert this area into a year-round recreation area. Next summer, larger picnic areas will be installed. k Hazard Fuel Reductions. In a recent Newsletter to every postal patron, information was included of fire mitigation. To date, 1,780 slash piles were burned and 78 acres were thinned. A private contractor will work on an additional 50 acres. A 45 ac. bum, located on the south side of Moraine Park, is planned next week, weather permitting. When they are not in-service, fire crews perform fire reduction work. Permits are offered to the public for $70 for 2 cords of wood. > Elk & Vegetation Management Plan. An Interagency Team (of which the Town is a member) is guiding the development of this plan and environmental Impact statement. Seven alterl;latives being considered and team members were asked for their comments by 5/26. Following revision, public meetings will be scheduled. 1 Relocation of Twin Owls Trail Head. This 20-yr. old project will relocate the trail to the north of MacGregor Ranch. This trail provides access to Lumpy Ridge, and, it is now on NPS land. The Legislature must approve a land exchange with MacGregor Ranch prior to construction. Devil's Gulch Road will be paved and other dust mitigation efforts will take place. Parking for 80-200 vehicles will eliminate the Gem Lake Trailhead. > Sheep - Mummy Range Lakes. The population of the sheep herd is 80 and steady; however, access to the lakes during the Park's highest visitation period is cause for concern as a dramatic decline in use of the lakes has been observed. In 2002, there were over 1,900 sheep, with sightings every 7 out of 10 days. In '03, there were sightings every 3 days out of 10. In response, the parking lot near the viewing area will be closed to vehicles and pedestrians from June 7-20,2004 to conduct research. Other options are being considered and evaluated. Concluding the presentation, Mayor Baudek expressed the Board's appreciation to RMNP for the useful updates.
Board of Trustees - May 11, 2004 - Page 3 2. STANLEY PARK MASTER PLAN RFP. Assistant Town Administrator Repola presented a preliminary copy of a Request for Proposal for the Stanley Park Master Plan, and provided additional historical background. Currently, Van Horn Engineering is preparing a drainage study on the grounds, and completion is expected in June. The budget is $350,000 minus the drainage study, and this funding will be utilized for expenses to obtain detailed cost estimates. Staff anticipates proposals will be submitted within 3-4 weeks, and different levels of detail were specified for the finished product. Trustee Habecker commented that the consultant must be flexible with expertise and vision. The Town holds title to the Manford and Estes Park Dev. Co. parcels and any improvements should enhance the Stanley portion. Both resident and tourist interests will be well thought-out, and consideration of the proposals will be held at the Community Development Committee and Town Board meetings. Concluding all discussion, it was moved and seconded (Habecker/Doylen) staff be authorized to proceed with requesting proposals for the Stanley Park Master Plan, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Construction Proiects Update. (1) The Municipal Bldg. project remains on schedule; the new restrooms should be opened 5/26; and completion is expected 7/14. (2) The Museum Expansion Project is on schedule and within budget; a 7/3 opening is planned. (3) The Performance Park restrooms are nearing completion and should be available by Memorial Day. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:54 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 13, 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 13th day of May 2004. Committee: Chairman Jeffrey-Clark, Trustees Newsom and Pinkham Attending: Chairman Jeffrey-Clark and Trustee Pinkham Also Attending: Town Administrator Widmer, Public Works Director Linnane, Water Superintendent Boles, Backflow Prevention Specialists Holbeck, Town Attorney White, and Deputy Clerk van Deutekom Absent: Trustee Newsom Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. WATER DEPTARTMENT Windv Gap Water Lease Request - Request to Proceed. Attorney White reported that Continental Water Company has requested the lease of 1 A.Ft. of Windy Gap water (in exchange for l CBT unit to the Town) to augment their water supply. Attorney White provided a brief summation of the Town's water program and policy, explained the difference between CBT and Windy Gap units, and noted that lease negotiations will include geographical restrictions, proximity to the Town's water system, annexation requirements, and associated lease costs. The Committee directed Attorney White to proceed with negotiations with Continental Water Company, returning to the Committee for further action. Cross Connection Control Program - Request Approval. In March 2003, the Committee was informed of the Safe Drinking Water Act and the Colorado Department of Health requirements regarding a Backflow Prevention Policy. The Town is required to have a policy to identify (inspect) any potentially hazardous service connections and protect the water supply from such connections. Backflow Prevention Specialist Holbeck and Water Superintendent Boles presented the Backflow Prevention Policy and associated Ordinance for review. Staff will begin policy implementation with commercial locations. Survey questionnaires will be mailed to water customers to provide program information and determine potentially hazardous connections. Areas discussed include device sizes, commercial/residential requirements, installation fees, new construction, uniform building codes, certification program, and testing procedures. The Committee recommends approval of the Backflow Prevention Policy and associated Ordinance contingent upon Attorney White's review and approval. Water Shop Retaining Wall- Request to Proceed. At the February meeting, the Committee approved Cornerstone Engineering's Scope for Design and Construction Management of the retaining wall at the Water Shop. Bids were solicited from Cornerstone Concrete, Mountain Concrete Construction and Bryson Concrete. Cornerstone Concrete was the only company to provide a bid. Their cost to complete the project is $32,255. The 2004 Budget includes $57,000 for this project. The Committee recommends approval of the bid from Cornerstone Concrete, Inc. at a cost of $32,255.
RECORD OF PROCEEDINGS , r Utilities Committee - May 13, 2004 - Page 2 Habitat for Humanity Water Tap Waiver - Request Approval. Habitat for Humanity has requested a single-family residential water tap fee waiver for 652 Halbach Lane. Habitat agrees to repay the tap fee should the property be sold on the open market prior to the passage of 10 years. They also agree to comply with all Town ordinances, codes, and other Town requirements. The cost of the tap fee is $7,600 (Water Fund reimbursed from the General Fund). The Committee recommends approval of the tap fee waiver as presented. Director Linnane departed the meeting at 9:10 a.m. Reports * Monthly Financial Report. The Light and Power and Water Financial Reports and associated graphs were reviewed. > Christmas Decorations Report. Report not given. > Fall River Tank Project. Report not given. * Northern Colorado Water Conservancy District (NCWCD) Snowpack Data. Attorney White briefed the Committee on the snowpack and streamflow comparisons as of May 1St. The Big Thompson River basin is 72% of average and streamflow at 75% of average. * NCWCD CBT Quota. Attorney White reported that each year the NCWCD Board establishes a percentage quota of water delivered to project participants. The 2004 quota is 60%, which is higher than anticipated. * Water Dept. Projected Water Surplus. Attorney White reported that the projected water rights surplus in 2004 is 618 A.Ft. * Annual Water Quality Report. This report has been distributed. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 9:35 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 20,2004 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of May, 2004. Committee: Chairman Habecker, Trustees Jeffrey-Clark and Levine Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Const. Mgr. Sievers, and Deputy Clerk van Deutekom Absent: None Chairman Habecker called the meeting to order at 8:00 a.m. SEWER EASEMENT ACROSS TOWN-OWNED GOLF COURSE PROPERTY - APPROVAL REQUEST. Director Linnane presented a request by Bill Van Horn and Bob Dekker for a sewer easement across the southwest corner of the 18-hole golf course. The location of the existing sewer system, the new service line, and the easement will not hinder future use of the property. This service line has been designed so that no area of the golf course used for golf purposes or the grove of trees adjacent to the line will be disturbed. The Estes Valley Recreation and Park District (EVRPD) reviewed the request and offered no objections. The developers will meet all conditions put forth by EVRPD. The Committee recommends approval of the easement request as presented. 2004 STREET IMPROVEMENT PROGRAM (STIP) - APPROVAL REQUEST. The following bids were received: Aggregate Industries, Greeley $178,925.50 Connell Resources, Fort Collins $230,777.50 Coulson Excavating, Loveland $210,090.00 LaFarge West, Inc. , Boulder $215,237.50 The budget includes $170,000 for the overlay portion of the STIP Program. Const. Mgr. Sievers noted that in order to include the Sr. Center Parking Lot re-pavement, unit quantities will be reduced in order to remain within budget funding limits. The Committee recommends acceptance of the bid from Aggregate Industries at the adjusted amount of $170,000.00, as presented. REPORTS. Miscellaneous Projects. 1) Director Linnane reported that the MacGregor Sidewalk Project is progressing well. The anticipated completion date is Memorial Day. 2) Mgr. Sievers briefed the Committee on a vehicle accident that occurred Sunday, May 16th in which a motorist lost control of his vehicle, striking the outside stairs located adjacent to the Municipal Building construction site, causing structural damage to the stairwell. Mgr. Sievers explained that this could provide an opportunity to remove the stairs altogether without any expense to the Town (expenses will be covered by the motorist's insurance company). Chief Building Official Birchfield confirmed that the stairs are not an identified fire exit; therefore, their removal would not violate the Building Code. Westover Construction could assist in demolition and removal, making the removal at this time cost effective. Landscaping to enhance the building entrance could replace the stairs, which would eliminate future costs for stair
RECORD OF PROCEEDINGS , , Public Works Committee - May 20,2004 - Page 2 maintenance and repair. Concluding all discussion, the Committee recommends removing the stairs in conjunction with the current Municipal Building construction project. Const. Mgr. Sievers will contact Westover Construction regarding the costs associated with the removal. 3) Phase I of the Municipal Building construction remains on schedule, with completion by mid-July. The anticipated opening date for the public restrooms is May 28th. 4) The American Public Works Association (APWA) 2004 National Exposition is scheduled September 12-15 in Atlanta, GA. 5) Director Linnane presented a letter from the Bureau of Reclamation (BOR) regarding the proposed construction of a new Parks Shop on Reclamation property adjacent to the Estes Power Plant. After considering all factors, BOR has decided that permitting the construction of this building is not in the best interest of the Reclamation. There being no further business, Chairman Habecker adjourned the meeting at 8:27 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 4,2004,8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Bill Horton, Members Chuck Levine, Wayne Newsom, Al Sager, and Cliff Dill Attending: Chair Horton, Members Levine, Newsom, and Sager Also Attending: Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent: Member Dill Chair Horton called the meeting to order at 8:00 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 April 6,2004 meeting. b. Portion of SE 16 of the SE 1/4 of Section 27, T5N, R73W - Applicant request to continue item to the June 1, 2004 meeting. It was moved and seconded (Sager/Newsom) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. UNITS C, D, & E, RIVER BEND CONDOMINIUMS, 525 PINE RIVER LANE, APPLICANTS: EDWARD & KIM BREHON, ROBERT & MICHELLE GROSS, RAY & JANET BETKA - VARIANCE REQUEST FROM SECTION 7.6.E.1.A (2)(b) AND SECTION 6.3.C.1 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. The applicants are requesting variances to the Estes Valley Development Code to allow decks added to the nonconforming Units C, D, and E to remain within the river setback. The decks did not require building permits because they are not more than thirty inches above grade. There are no special circumstances associated with this lot. Staff believes the decks will not substantially alter the essential character of the neighborhood. The exiting residences can continue to be used if the variance is not granted; however the decks would need to be removed. Staff believes that sufficient discussion occurred with the applicant about the nonconforming status of the residential use and the prohibition of expansion of a nonconforming use for the applicant to be aware of this Code requirement. These discussions took place with the review of a deck permit for Unit A and review of the River Bend condominium map. Chair Horton questioned if the decks where on the condominium map when it was approved by the Town Board in 2002. Planner Chilcott responded that the decks where not on the approved condominium map; however there where Limited Common Elements (LCE) around each of the units. Tom Fisher, 525 Pine River Lane Unit A, was present to represent the applicants. He provided some history of the property. Mr. Fisher stated that he informed each potential buyer that the cabins were nonconforming and changes to the footprint of the cabin was prohibited. He does not feel the decks are an addition. The decks were built within the LCE areas around each cabin. Mr. Fisher feels the decks have enhanced the property and allow beneficial use of the area behind the cabins nearest the river. He was told by the Building Department that a building permit was not need if the decks were less than 30 inches off the ground. He stated there has been miscommunication on both side. Ed Brehon, 525 Pine River Lane Unit C, stated he spoke with the Building Department and was told he did not need a building permit for the decks he was proposing. He advised that the purpose of the decks is to provide access to elderly and handicapped family members.
RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 May 4,2004 Will Birchfield, Chief Building Official, advised the new International Residential Code (IRC) will require permits for all decks once adopted by the Town. He stated that staff may want to look at providing handouts or use permits to prevent this situation from occurring in the future. Ray Betka, 525 Pine River Lane Unit E, stated there are special circumstances with this request due to the insufficient information provided and the fact existing buildings are already within the setbacks. He also stated the decks help to provide handicap access to the buildings. Public Comment: None. Based on the fact staff and petitioner acted in good faith; the decks are not detrimental to the neighborhood; 2 existing buildings are closer to the river than the decks; the pedestrian path is crossing the river before it reaches this area; and the Building Official will put in place a regulation to eliminate this situation from occurring in the future it was moved and seconded (Newsom/Levine) to approve a variance from Section 7.6.E.1.a (2) and Section 6.3.C.1 to allow decks on Units C (sixteen foot variance), D (seventeen foot variance) and E (sixteen foot variance), River Bend Condominiums to remain and the motion passed unanimously with one absent. 1. Compliance with the submitted plans. 2. Submittal of setback certificates from a registered land surveyor demonstrating compliance with the setback requests. 3. METES AND BOUNDS, 911 MORAINE AVENUE, APPLICANT: SHAWN MAY - VARIANCE REQUEST FROM SECTION 4, TABLE 4-5 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This is a request for a twenty-five foot variance from the twenty-five foot front yard setback to build a handicapped accessible entrance. At 14,220 square feet, the lot is undersized for "CO" zoning district. The building was built in 1937 and the location of the building on the site also creates special circumstances. The building encroaches onto the property to the east. It also encroaches into the twenty-five foot front and fifteen foot side yard setbacks with the eave encroaching into US 36/Moraine Avenue right-of-way. The proposed addition will not substantially alter the essential character of the neighborhood or affect the delivery of public services. Shawn Mays, the applicant, was present. He stated he would like to provide handicapped accessibility for his use and for future use. The ramp will not affect the flow of traffic and will not extend any further than the current awning. Public Comment: None. It was moved and seconded (Sager/Levine) to approve a twenty-five foot (25) variance from the twenty-five foot (25) front yard setback to build a handicapped accessible entrance to the building and the motion passed unanimously with one absent. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Compliance with the submitted plans. 2. A registered land surveyor shall verify compliance with the variance and provide a setback certificate. 4. REPORTS Director Joseph stated the Bylaws have been approved by the Town and County Commissioners.
RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 May 4,2004 Chair Horton welcomed Board Member Levine to the Board. There being no further business, Chair Horton adjourned the meeting at 9:20 a.m. Bill Horton, Chair Jacquelyn Williamson, Recording Secretary
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission April 20, 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 Horton, Kitchen and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott and Recording Secretary Williamson. Town Board Liaison Habecker present at the study session Absent: Commissioners Amos, Haggard and Hix Chair Homeier called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated March 16, 2004. b. PRELIMINARY CONDOMINIUM MAP, SUNDANCE CONDOMINIUM DEVELOPMENT, TRACT 69B OF THE FIRST REPLAT OF TRACT 69, FALL RIVER ADDITON, Sierra Sage Lane, Applicant: Brian Murphy LLC. 1. Inclusion of a statement about rock fall hazards in the condominium declaration and/or map. It was moved and seconded (Pohl/Horton) that the Consent Agenda be accepted and it passed unanimously with 3 absent. 2. PUBLIC COMMENT None. 3. AMENDED PLAT OF LOT 10A OF THE AMENDED PLAT OF LOT 1 AND LOT 10, BLOCK 3, AND LOTS 1, 2, & 3, BLOCK 2, LARIMER TERMINALS SUBDIVISION, Intersection of Elm Road and Kenwood Lane, Applicant: South Bend Development, LLC. This item was continued from the March 16, 2004 meeting. Doug Klink stated that all issues have been worked out with the neighboring property owners. Commissioner Kitchen abstained due to a conflict of interest Public Comment: None. It was moved and seconded (Horton/Pohl) to recommend approval to the Board of County Commissioners the Amended Plat of Lot 10A of the Amended Plat of Lot 1 and Lot 10, Block 3, and Lots 1, 2, and 3, Block 2, Larimer Terminals Subdivision with the following conditions and it passed unanimously with three absent and Commissioner Kitchen abstaining. 1. A 1/8 inch cross hatch border shall be placed around the perimeter of the subdivision. 2. The utility easement shall be clearly marked as such. 4. REZONING & MINOR SUBDIVISION, BIGHORN AT SPRUCE SUBDIVISION, A PORTION OF LOTS 22 & 12, BLOCK 10, 2ND AMENDED PLAT, TOWN OF ESTES PARK, 221 Bighorn Drive, Applicants: David & Susan Habecker. Planner Shirk reviewed the staff report. This is a request for a rezoning and minor subdivision for property located at the southwest corner of Big Horn Drive and Spruce Avenue. The rezoning request is to rezone the property from "RM" Multi- Family to "R" Residential. The subdivision request is to divide the single lot into three, to allow an additional two single-family dwellings to be built. Access would be from the existing drive, which would be paved. A concrete sidewalk would be provided around the perimeter, and this would include a new concrete curb system.
RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 April 20,2004 New service lines would need to be installed, and an existing water service line relocated. The proposal includes building envelopes that will preserve several trees on the site. Drainage will be controlled with a pair of berms, one located at the northwest corner and one located at the southeast corner. No significant issues or concerns were expressed by reviewing agency staff relative to code compliance or the provision of public services. Amy Plummer of Van Horn Engineering was present to represent the owner. She stated the owners are in agreement with the staff conditions. Public Comment: Kimber Van Hom, 226 Big Horn Drive, spoke in favor of the proposal. It was moved and seconded (Horton/Kitchen) to recommend approval to the Town Board of Trustees the Rezoning and Minor Subdivision, Bighorn at Spruce Subdivision, A Portion of Lots 22 & 12, Block 10, 2nd Amended Plat, Town of Estes Park with the following conditions, and the motion passed unanimously with three absent. 1. The plat shall not be placed on the Town Board agenda until a cost estimate for all required improvements has been approved by Public Works. 2. All required improvements (including but not limited to final construction plans, utility installation and relocates, drainage improvements, sidewalk and curbing, driveway paving and crosspan, vegetation restoration, driveway and stormwater maintenance agreement, as-built plans, monumentation, warranty) shall be guaranteed with an improvement guarantee and letter of credit prior to recording of the plat. 3. Compliance with memo from Public Works to Dave Shirk dated April 1, 2004 (except note #4, #5, and #6) and the stormwater management plan shall be approved by Public Works. 4. A shared service agreement shall be established for Lots 1 and 3 prior to sanitary sewer service to Lot 3. 5. A licensed engineer shall stamp the stormwater management plan. 5. PRELIMINARY CONDOMINIUM MAP, IDLEWILDE BY THE RIVER CONDOMINIUMS, LOT 14 OF AMENDED PLAT OF LOT 13 & 14 AND PORTION OF LOT 15, GREELEY-BOULDER COLONY, 2282 Highway 66, Applicant: Mercier-Westmorland, LLC. Planner Chilcott reviewed the staff report. This is a preliminary condominium rnap application to condominiumize fourteen existing cabins. The property is zoned "A" Accommodations/Highway Corridor and the current uses are accommodations, i.e. temporary lodging with average stays of less than thirty days, and seasonal residential. Some of the structures are nonconforming as to setbacks, including property line and river setbacks. Some units are also partially within the 100 year flood plain. The property may also be nonconforming to use since seasonal residential use occurs. The lot is nonconforming as to density. Expansions/additions of nonconforming structures will require variance approval which may or may not be granted. Staff recommends some parking lot redesign. Since the units already exist and no change of use is proposed there will be no significant impact on the existing transportation levels of service. Staff does not recommend platted limits of disturbance on this map. This map shows dedication of a twenty foot wide access easement along the CO Highway 66 property line. Water line upgrades, a new fire hydrant, and upgrades to the sewer service are proposed to comply with the adequate public facilities requirements in the Estes Valley Development Code. Chair Homeier called a recess at 1:56 p.m. Meeting resumed at 2:00 p.m. Lonnie Sheldon of Van Horn Engineering was present to represent the applicants. He stated the applicants are in agreement with staff conditions. Public Comment: None.
RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 April 20,2004 It was moved and seconded (Kitchen/Horton) to recommend approval to the Board of County Commissioners the Preliminary Condominium Map, Idlewilde by the River Condominiums, Lot 14 of Amended Plat of Lot 13 & 14 and Portion of Lot 15, Greeley-Boulder Colony, 2282 Highway 66 with the following conditions and it passed unanimously with three absent. 1. Compliance with Greg Sievers' Engineering comment #2 in his April 1, 2004 memo which states "Show and provide a Stop sign at highway intersection." 2. Compliance with Greg White's comments #2 & #3 in his March 31, 2004 memo. 3. Compliance with Scott Dorman's comments in his April 12, 2004 email. 4. Compliance with David Brand's comments in his March 25,2004 letter. 5. Compliance with Roxann Mackenzie Hayes comments concerning "Drainage and Flood Plain Issues" in her April 5,2004 letter. 6. A note shall be added to the map stating that approval of the map does not affect the nonconformity of the structures located on the premises with regard to setbacks, use and/or density. 7. The trees to be removed as a result of parking lot paving shall be shown and replacement trees provided in accordance with EVDC §7.3 Tree and Vegetation Protection. Tree location shall be approved by staff. 8. Animal proof trash containers shall be provided prior to recordation of the final map. 9. The parking lot shall be striped and proposed wheel stops shall meet the requirements in Estes Valley Development Code Section 7.11.0 and handicapped parking shall be provided as required by accessibility laws. 10.The parking lot design shall be modified by increasing the parking aisle width from sixteen feet to twenty-four feet to the southwest of Unit 12, narrowing the parking lot width between near Units 12 and 13 where the parking lot is approximately forty-two feet wide, and redesigning the parking spaces near Unit 3 to allow the cars to back out of the parking spaces more easily. Parking lot design shall be reviewed and approved by staff. 11. A copy of the access permit shall be submitted prior to recordation of the map. 12.The twenty foot wide pedestrian access easement shall be changed to a nonmotorized public access easement and the dedication statement shall be revised to include dedication of this easement. 13.A revised preliminary water plan was submitted that requires review and approval by the Town Water Department and the Estes Park Volunteer Fire Department. The plan shall be revised to clearly identify sizes for all proposed lines. 14.The preliminary sewer plan shall be reviewed and approved by the Upper Thompson Sanitation District. 15.The 2 foot boundaries of the condominium units shall be revised and approved by staff. 6. PRELIMINARY SUBDIVISION, SIXTH GREEN ESTATES SUBDIVISION, PORTION OF LOT 9, SOUTH ST. VRAIN ADDITION, 1380 South Saint Vrain, Applicant: Robert L. Dekker. It was moved and seconded (Pohl/Horton) to continue the item at the applicant's request to the May 18, 2004 Planning Commission meeting and it passed unanimously with three absent. 7. DEVELOPMENT PLAN 04-03, RIVER BEND ON THE SPUR, PORTION OF NW 1/4 OF SE 1/4 SECTION 34, T5N, R73W OF THE 6TH P.M., 1985 Moraine Avenue, Applicant: Dallman Construction. Planner Shirk reviewed the staff report. This is a request for a development plan to build eleven accommodation units (five duplexes, one single). The site has river frontage. The existing pond is to be filled in. A variance to allow the drive to be located within the required landscaping buffer area was granted by the Estes Valley Board of Adjustment on Tuesday, April 6, 2004. The proposal complies with applicable setback, density, and impervious coverage requirements. Staff would support waiving the sidewalk requirement if the applicant dedicates a 10 foot pedestrian trail easement along the river. Limits of disturbance shall be designated.
RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 April 20,2004 A fire hydrant is proposed and will be installed in the first phase of development. The applicant has proposed a name change to the "Rambling River" development. This review does not include review of a condominium map, which will be required before individual sale of the units. Commissioner Pohl stated he had concerns regarding the filling in of the pond. Planner Shirk advised that the Corp of Engineers is in full support of filling in the pond. Lloyd Morris of Cornerstone Engineering was present to represent the applicant. He stated that several of the conditions of approval have been addressed and they have no concerns regarding the remaining conditions. Public Comment: None. It was moved and seconded (Kitchen/Pohl) to approve Development Plan 04-03, River Bend on the Spur, Portion of NW 1/4 of SE 1/4 Section 34, T5N, R73W of the 6th P.M., 1985 Moraine Avenue with the following conditions and it passed unanimously with three absent. 1. The memo from Ron Witt to Dave Shirk dated March 22, 2004 shall be incorporated as a condition of approval. 2. The memo from Public Works (except note #2) to Dave Shirk dated April 2, 2004 shall be incorporated as a condition of approval. 3. Construction Plans shall be reviewed and approved by Estes Park Public Works and Larimer County Engineering prior to issuance of the first building permit. These shall include utilities, drives and retaining walls, erosion control plans and root protection, and the postal cluster box. 4. A landscaping cost estimate shall be submitted and approved prior to issuance of the first building permit. 5. A 10 foot wide trail easement shall be dedicated along the river through a separate instrument prior to issuance of the first certificate of occupancy. 6. Copies of applicable federal permits shall be submitted with building permit applications. 7. The name shall be changed to "Rambling River". 8. The postal cluster box shall be located outside of the 25 foot landscaping buffer. 9. Landscaping calculations shall be included on the landscaping plan. 10.The roadway intersection radius shall be 25 feet and shown on the development plan. 11.The grading plan shall include details of silt fences, and shall be stamped by a licensed engineer. 12.The driveway width shall be labeled. 13. References to "Duplex units less than . . . " should be removed from the density calculation on the cover sheet, and replaced with "6,750 square feeuduplex unit, and 9,000 per single unit." 14.The proposed eleven units will require twenty-five parking spaces; the cover sheet shall be amended accordingly. 8. DEVELOPMENT PLAN 04-04, RIVER'S EDGE CONDOMINIUMS, NW 1/4 OF SE 1/4 SECTION 16, T5N, R73W, OF THE 6TH P.M., 1605 Fish Hatchery Road, Applicant: Dallman Construction. Planner Shirk reviewed the staff report. This is a request to build twelve residential/accommodation units on an "A-1" zoned lot. The lot has river frontage and contains numerous trees and shrubs. This proposal complies with the density, setback, impervious coverage, and floor area ratio standards for the "A-1" zone district. Staff would support waiving the sidewalk requirement if the applicant dedicates a 25 foot trail easement along the Fish Hatchery Road right-of-way. Limits of disturbance will be designated. The applicant proposes one fire hydrant which will be installed with the first phase of development. The water department has requested a 20 foot wide easement to be centered on the proposed water main.
RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 April 20,2004 Approval of the plan should be contingent upon acceptance of the easement by Public Works. This review does not include review of a condominium map, which will be required before individual sale of the units. Lloyd Morris of Cornerstone Engineering was present to represent the applicant. He stated they have been communicating with the Water Department as well as the property owner to the east regarding the water line easement. The neighboring property will be developed and would also benefit from the water line. The applicant is in agreement with the staff conditions of approval. Public Comment: Barbara Pratt, 1160 Fairway Club Circle, was present to represent the Ward Family Trust. She stated that the family does not have any plans to develop their adjacent property. The family would like to request that a fence or a landscaped buffer be installed to discourage individuals from wandering onto their property. Phyllis Claunch, 2840 Fall River Road, stated she has several concerns regarding the development. She would like to see them preserve as many trees and keep the lighting to the minimum. She is concerned about the number of trees that will be lost. Commissioner Pohl stated that lighting is addressed in the Code and he hopes that this will address the neighbors concerns. Commissioner Kitchen stated she could see how individuals living within this development could easily wander onto the neighboring property. Planner Shirk stated that a fence less than 40 inches tall could be placed along the property without the need for breaks. Commissioner Horton stated that perhaps a split rail fence would be appropriate to identify the property line. Director Joseph advised that staff did identify alternative site layouts that would preserve more of the existing vegetation. Each of these layouts presented economical compromises to the developer. This plan is a compromise to preserve as much of the existing vegetation as possible and to maximize the economical return for the developer. Bryce Dallman, applicant, stated there are a number of trees that buffer this property from the neighboring property. He does not want a fence; however if the neighboring property owners would like a fence, he would split the cost with them. It was moved and seconded (Pohl/Horton) to approve Development Plan 04-04, River's Edge Condominiums, NW 1/4 of SE 1/4 Section 16, T5N, R73W, of the 6th P.M., 1605 Fish Hatchery Road with the following conditions and it passed unanimously with three absent. 1. The memo from Ron Witt to Dave Shirk dated March 24, 2004 shall be incorporated as a condition of approval. 2. The memo from Public Works (except note #4) to Dave Shirk dated April 1, 2004 shall be incorporated as a condition of approval. 3. Construction Plans shall be reviewed and approved by Estes Park Public Works and Larimer County Engineering prior to issuance of the first building permit. These shall include utilities, drives and retaining walls, erosion control plans and root protection, and the postal cluster box. 4. Acceptance of a water line easement by Public Works prior to issuance of the first building permit. 5. A landscaping cost estimate shall be submitted and approved prior to issuance of the first building permit. 6. The proposed ROW and a 25 foot wide trail easement shall be dedicated through a separate instrument prior to issuance of the first certificate of occupancy. 7. Copies of applicable federal permits shall be submitted with building permit applications.
RECORD OF PROCEEDINGS . , Estes Valley Planning Commission 6 April 20,2004 8. The landscaping calculations shall be included on the landscaping plan. 9. The grading plan shall include details of silt fences, and shall be stamped by a licensed engineer. 10.The roadway intersection radius shall be 25 feet and shown on the development plan. 9. FIRE DISTRICT & SERVICE PLAN Town Attorney White stated that in 2003 the Town Board formed a Fire District Action Team to explore the possiblity of a Fire District for the greater Estes area. The process to form a Fire District under State statue began in January of 2004. Attorney White reviewed the process and the service plan. He advised that 80 percent of the current funding for the Volunteer Fire Department comes from the Town General Fund with 20 percent obtained through donations and fundraising. If approved, the Fire District would then be funded through a mill levy of 3.5 mills and the Town would no longer be financially involved with the Fire Department. Without the Fire District there is the possiblity that the Town of Estes Park may not provide fire protection for the County properties. The Action Team requests that the Planning Commission forward this proposal and service plan to the Board of County Commissioners. Public Comments: None. Commissioner Kitchen questioned what types of improvmements we might see with the Fire District. Fire Chief Dorman stated there might be furture stations in the outlying areas and the ability to budget for new equipment. The Fire Department will continue to offer the wide range of services that they currently provide. It was moved and seconded (Horton/Kitchen) to recommend approval to the Board of County Commissioners the establishment of a Fire District and it passed unanimously with three absent. 1. The applicant shall address the concerns of the Commission, staff (as identified in this report and that arise during additional review and analysis) and referral agencies prior to the final decision of the Board of County Commissioners. 2. The plan shall meet the minimum requirements of State statue regarding the formation of a new special district. 10. REPORTS Commissioner Pohl acknowledged that tomorrow is Administative Professionals Day. He would like the Commission to recognize the administrative professional services they receive from Jackie Williamson as being extremely competent. Planner Shirk and Planner Chilcott reported on the recent Board of County Commissioner and Town Board actions. Planner Chilcott also reported on a staff level review for bumper boats at the "Fun Trax" which will be completed today. Director Joseph reported that the processing schedules have been updated for the Planning Commission and Board of Adjustment. Theses changes to the processing schedule were made to meet the current language in the code. He also advised he will be attending the next Board of Realtor meeting to discuss the timing of condominium closings. To that end, Director Joseph is working with Town Attorney White to streamline the supplemental condominium map process. There being no further business, meeting was adjourned at 3:16 p.m. Richard Homeier, Chair Jacquelyn Williamson, Recording Secretary
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission May 18, 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, Planner Chilcott and Recording Secretary Williamson. Town Board Liaison Habecker present at the study session. Absent: None Chair Homeier called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated April 20,2004. It was moved and seconded (Kitchen/Haggard) that the Consent Agenda be accepted and it passed unanimously. 2. PUBLIC COMMENT None. 3. PRELIMINARY SUBDIVISION, SIXTH GREEN ESTATES SUBDIVISION, PORTION OF LOT 9, SOUTH ST. VRAIN ADDITION, 1380 South Saint Vrain, Applicant: Bob Dekker. This item was continued from the April 20,2004 meeting. Planner Chilcott reviewed the staff report. This is a preliminary subdivision plat to subdivide a two acre, "E" Estate zoned parcel into three single-family residential lots and a 0.25 acre outlot for access and utilities. Two of the proposed residential lots are approximately one half acre in size and the third lot is approximately three quarters of an acre, which meets the minimum lot size and lot width requirements. However, the proposed Outlot A, a flagpole lot, does not meet the minimum lot width requirements of 30 feet; therefore, a 5 foot wide access easement is proposed adjacent to the outlot. The Lot 2 and Lot 3 lot shapes are not the typical square/rectangle shape. However, they are appropriate for the proposed infill subdivision. Building envelopes are proposed for all three lots to protect existing trees. Staff recommends that the Lot 2 building envelope be modified to protect significant trees near the east property line and minimize visual impacts from the golf course and adjacent property owners. Approval of this subdivision would result in upgrades to the existing driveway access including: placement of the driveway in an access easement; recordation of a shared maintenance and access easement; and improvements to driveway paving width and surface thickness. The subdivision cannot be built if a private street is required, for one, minimum right-of-way widths cannot be satisfied, so a proposed subdivision would not spur the property owners to come together to upgrade the access. A new fire hydrant is proposed to meet ISO standards. Underground electric service is proposed to all three lots. This subdivision will be served by public sewer. The existing house on Lot 3 will be converted from septic to public sewer. Ten foot easements are provided along all of the property lines except Lot 2's eastern lot line which has a twenty-five foot wide easement. Bill Van Horn of Van Horn Engineering was present to represent the applicant. He stated they were in agreement with the conditions of approval. Public Comment: Sidney Hoskins, 1240 Holiday Lane, spoke in opposition to the proposed subdivision. He stated this infill subdivision should take into consideration the visual
RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 May 18, 2004 and environmental impacts on all the neighbors. He feels this 3 lot subdivision is being squeezed into a narrow area. He is concerned with the width and configuration of the lots. Bill Van Horn stated they looked at configuring the lots in a more rectangular layout; however this configuration would require the removal of more trees than the current layout. It was moved and seconded (Horton/Amos) to recommend approval to the Town Board of Trustees the Preliminary Subdivision, Sixth Green Estates Subdivision, Portion of Lot 9, South St. Vrain Addition, 1380 South Saint Vrain with the staff findings and the following conditions and it passed unanimously. 1. Compliance with Engineering comments #2 through 5 in Greg Sievers' April 1, 2004 letter. 2. Compliance with Scott Dorman's comments in his April 12, 2004 email. 3. Compliance with Gloria Hice-ldler's March 24, 2004 comments. The approved CDOT access permit for access to CO Highway 7 shall be submitted to staff prior to recordation of the subdivision plat. 4. The Lot 2 building envelope shall be modified to protect significant trees near the east property line with review and approval by staff. The building envelope shall be located outside the drip line of existing trees. 5. The signed five foot easement shown adjacent to Outlot A shall be submitted to staff for review and approval with the final plat application. The easement shall be recorded by staff at the same time the plat is recorded. 6. The notes stating that "The entire sub. of Esquire Acres is designated as an easement" and "The entire sub. of Country Club Estates is designated as an easement" shall be removed from the plat. 7. A sewer service line easement shall be provided for the sewer service line crossing Esquire Acres subdivision. The easement agreement shall be submitted with the final plat application for review and approval by the Upper Thompson Sanitation District. The easement agreement shall be submitted to the Town to be recorded at the same time the final plat is recorded. 8. The Subdivision and Surveyofs Notes shall be revised/removed to clarify that a private drive is proposed not an "access road" or 0'future roadway" and that the private drive shall not be dedicated to the public. Subdivision Note #3 shall be removed. 9. A shared maintenance and access agreement shall be submitted to staff for review and approval with the final plat application and shall be submitted to staff for recording with the final plat. 10. The Lot 2 building envelope shall be modified so as not to encroach onto Lot 1. The Lot 3 building envelope shall be modified to allow for driveway access. The Lots 1 through 3 building envelopes shall be modified to clarify that the driveway access portion of the building envelope is for access only not for buildings. 4. AMENDED PLAT OF THE EAST AND WEST HALVES OF LOT 24, AND THE EAST AND WEST HALVES OF LOT 25, BLOCK 9, COUNTRY CLUB MANOR ADDITION, 459, 469, 499, & 501 Birch Avenue, Applicants: Ravit & Monte Michener. Planner Chilcott reviewed the staff report This is an amended plat application to clean up and record ownership information for the northern four lots created by the plat of Prospect Terraces Vacation Homes. The Prospect Terraces Vacation Homes plat was recorded in 1971 without Town approval, illegally subdividing Country Club Manor Addition Lots 24, 25, 26, and 27. In 1971, after recordation of the plat, the Town became aware of the illegal subdivision and required Town review. This review resulted in Town Board approval of exceptions to the Town subdivision standards, which included exceptions to the minimum lot area requirements and provision of utility easements. After the Town approved the exceptions in 1972, the plat was not amended to reflect this approval and the 1972 Town Board resolution approving exceptions to subdivision standards was not recorded. This amended plat
RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 May 18, 2004 will clean up and record ownership information and dedicate utility easements for existing utilities that cross property lines. The Town has not required upgrades in water mains, fire hydrants, electric and street lighting systems, sanitary sewer systems, underground utilities, stormwater drainage, water systems, or fire safety for boundary line adjustments since no new lots are created. Lonnie Sheldon of Van Horn Engineering was present to represent the applicant. He stated they are in agreement with the conditions of approval. Public Comment: None. It was moved and seconded (Horton/Amos) to recommend approval to the Town Board of Trustees the Amended Plat of the East and West Halves of Lot 24, and the East and West Halves of Lot 25, Block 9, Country Club Manor Addition, 459, 469, 499, & 501 Birch Avenue with the staff findings and the following conditions, and the motion passed unanimously. 1. Note #1 on the plat should be reworded for clarity to address Greg White's comment #2 in his April 21, 2004 letter. 2. A shared sewer service line agreement reviewed and approved by the Estes Park Sanitation District, shall be required for the line shared by Lots 24A, 24B, and 25B prior to recordation of the plat. The agreement shall be recorded by the Town. 3. The five foot private utility easement, crossing Lot 25A, should state which lot benefits from the easements. 5. SPECIAL REVIEW 04-01, HORSE-DRAWN CARRIAGE CONCESSION, Downtown Estes Park, Applicant: Tom Jones. Planner Shirk reviewed the staff report. This is a proposal for horse-drawn carriage rides within the Town of Estes Park. Services are to include wedding transportation, other special events, and carriage rides along a fixed route. Chair Homeier questioned what the procedure would be if the applicant was to propose an additional route. Planner Shirk stated he would consult with the Police department and other relevant agencies before approving the route. Public Comment: None. It was moved and seconded (Kitchen/Hix) to recommend approval to the Town Board of Trustees the Special Review 04-01, Horse-Drawn Carriage Concession, Downtown Estes Park with staff findings and the following conditions and it passed unanimously. 1. Applicant shall obtain a business permit from the Town Clerk. Prior to issuance of business permit, Applicant shall: a. Provide a copy of a Certificate of Insurance for $1,000,000 to the Town, with the Town to be named as an additional insured. b. Obtain written permission from property owners for specified stops on private property, including the Stanley Hotel, St. Bartholomew Church, and Our Lady of the Mountains Catholic Church. c. Submit a revised site plan incorporating the following: • Signature block: APPROVAL: Approved by the Town of Estes Park Board of Trustees this day of ,2004. John Baudek, Mayor
RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 May 18, 2004 • Any future additions or revisions to the routes or stops to be approved by Town Staff. • No signage shall be allowed on public property. • If traffic conflicts or other use conflicts occur on the streets or at the public stop locations, Town Staff is authorized to restrict operations until the problem is corrected. This is intended to account for accidents, parade routes, periods of heavy traffic, or other instances of traffic hazards or congestion. • All horses shall be diapered during times of service. • Public Drop-off shall be limited to Transit Center and Tregent Park. 2. A copy of the business license and Special Review permit shall kept with the carriage. Commissioner Haggard left the meeting at 2:30 p.m. 6. ESTES VALLEY DEVELOPMENT CODE CHANGES Director Joseph reviewed the proposed code revision for floor area ratio. This code revision would clarify exemptions for below grade habitable space. Staff will make additional edits and present it at the next meeting. 7. REPORTS Planner Shirk reviewed the items approved by the Board of County Commissioner at their May 17, 2004 meeting. Town Attorney White reported that the Fire Protection Service Plan will be reviewed by the Board of County Commissioners on June 1, 2004. Letters have been sent out to all residents Estes Park. There being no further business, meeting was adjourned at 2:47 p.m. Richard Homeier, Chair Jacquelyn Williamson, Recording Secretary
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: May 20,2004 Subject: Sundance Preliminary and Final Condominium Maps Sierra Sage Lane - Off Fall River Road Tract 69B of the First Replat of Tract 69 Fall River Addition Background. The applicant, Brian Murphy, LLC, has submitted preliminary and final condominium map applications for Sundance Condominiums on Tract 69B of the First Replat of Tract 69 Fall River Addition. This is a 6.77 acre lot zoned "RM" Multi-Family Residential. Ten residential units are shown on the preliminary map. At the April 20,2004 meeting, the Planning Commission recommended that Development Plan #03-02 serve as the preliminary map and recommended approval of the map. The final map application consists of one unit, Unit 9, addressed 1433 Sierra Sage Lane. The final map and declaration do not reserve the right to develop additional units beyond those approved with Development Plan #03-02, expand units, or withdraw property from the association. The final map is consistent with the approved development plan and preliminary map. Budget None. Io=, 404,1- -01,4 -Il¢ I.„Imm Action. -457 \11= -- -1. Approval of Sundance preliminary and final ***z -~ condominium map applications conditioned on 1»7~=g·<> 7 addition of a to scale vicinity map with a scale of 1-'73-/1>.Sk 7 no more than 1"= 2,000', dedication of the twenty LL--1-2/E~A#qjKHqtt foot and forty foot wide private access and utility A easements in the dedication statement, and the N .. primary underground electric should be in a i public easement with the form of dedication and Tllai E--1 1 1 with determined by Light and Power. VICINTY MAP
Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: May 25,2004 Subject: Bighorn at Spruce Subdivision/Rezoning Request Background. This is a -- -- request for a rezoning and 1--»01-1 i minor subdivision for -u- \ .7- 2 L::: .:: - - - property located at the \ ,<69/ i .1 ~11% southwest comer of Big _____y , „ .4 5 - -l - Horn and Spruce. The rezoning request is to L.__/ ~_ 4 . ::::'i :~1 rezone the property from "RM" Multi-Family to "R" - r---_7·4 ~ ~ LL_ Residential. The subdivision request is to J 2 / /h Cleave St. divide the single lot into -1 lit 111 1 IT three, to allow an additional -r-------\\\\ two single-family dwellings W. Elkhorn Ave to be built. In Budget. NA Action. At their regularly scheduled April 20, 2004 meeting, the Estes Valley Planning Commission voted to recommend CONDITIONAL APPROVAL of the requested Bighorn at Spruce Subdivision and Rezoning. The applicant has requested to continue this request until the June 22 Town Board meeting.
Page 1 of 1 . Subj Information RE trustee vote Date 5/25/2004 2:45:19 PM Mountain Standard Time From: direptor@EstesP@.cls-Chamber.org To: JOBANDS@aol.com, DSLSP@aol.com, ebu@frii.com, estesparkchuck@yahoo.com, sbpinkham@charter.net, newsom@frii.com, appenzellr@aol.com CC epcra-bo-ard@este_spackresort.com Attention Estes Park Mayor and Trustees, We understand that your agenda for this evening's trustee meeting includes an action item pertaining to a proposed convention and visitors bureau budget appropriation on which you must vote. For your information, and upon the advice of the Chamber's attorney, I have attached a letter from our attorney stating his opinion regarding the illicit nature of the proposed CVB. Deeva Boleman Deeva Boleman Executive Director Estes Park Chamber of Commerce d_rector@estespackresort. com 970-586-3543 / 800-ESTES-08 www.estesparkresort. com Tuesday, May 25,2004 America Online: JOBANDS
Law Offices Of George J. Cerrone, Jr., LLC Suite 230 12265 West Bayaud Avenue Lakewood, Colorado 80228 Tele: (303) 984-9531 Fax: (303) 987-4689 e-mail: george@cerronelaw.com May 11, 2004 Deeva Boleman Executive Director Estes Park Chamber of Commerce 500 Big Thompson Avenue Estes Park, Colorado 80517 Re: Town of Estes Park Authority Dear Ms. Boleman: This letter is in response to the request of the Estes Park Chamber of Commerce Board of Directors for my opinion as to the authority of the Town of Estes Park to assume many of the marketing and sales functions currently performed by the Chamber. Question. Does the town government have the authority and powers to undertake the functions currently performed by the Chamber of Commerce? Answer No. Facts The Town of Estes Park is located in a Colorado mountain community for which visitors and tourist and their activities are a substantial part of the local economy. Since the 1950's both the town and the Chamber, whose membership transcends the town's political boundaries, have contributed to promoting visitor and tourist activity, in different and distinct ways. The town has paid for and placed ads in national, regional and local publications, advertising the advantages of the area. It has evaluated the effectiveness of the advertising and the individual ads over time. Under various
written documents, it has also participated in the Chamber's cost of answering inquiries resulting from the advertising and arranged with the Chamber for the Chamber's occupation and operation of the Visitors Center in Talent Park. The Center is owned by the town but is operated and maintained by the Chamber. In addition to its various membership services, in connection with visitors and tourists, the Chamber maintains and operates the Visitor Center, which was located for about 25 years in Bond Park, and now in Talent Park. Operating the Visitors Center includes maintaining the physical plant, hosting visitors and tourists who personally visit the Center, making available at convenient areas, and renting to individual businesses, individual brochure rack space, maintaining a staff, coordinating volunteers ("Docents") who meet and greet the visitors, and conducting other administrative matters at the Center. With funding from its members and some from the town, the Chamber responds to inquiries concerning activities in the area resulting from all kinds of stimuli, including the ads by the Town to which the Chamber contributes. These inquiries come in personal visits, telephone calls (1-800 no-cost numbers as well as others), e-mails and faxes. The Chamber maintains an administrative process and mechanisms whereby it assists the caller/responder in finding the accommodations and other services that fit the needs of the individual. The Chamber creates, manages, publishes, and copyrights an annual "Vacation Planner" which contains business-paid advertising for particular businesses catering to visitors and tourists. This document is mailed to prospects throughout the county and is also available at the Visitors Center. The Chamber operates and maintains a web site through which it advertises the area and interacts with prospective visitors and tourists, providing information and assisting in bringing buyer and seller of services together. The town intends to assume the functions of the Chamber. Law. Estes Park was incorporated as a Colorado town in 1917. Colorado towns exist only under and by virtue of state statutes. A Colorado town can exercise only such powers as are granted to it by those statutes, either in express words or by necessary or reasonable implication, or such as are incidental to the powers expressly granted, or such as are essential to the town's objects and purposes. Hayward v. Town of Red Cli# 36 Pac. 795, 796 (Colo. 1894); Durango v. Reinsberg, 26 Pac. 820,821 (Colo. 1891).1 In contrast, home ~ Dillon's Rule, which was enunciated by Professor John F. Dillon in / Commentaries on the Law of Municipal Corporations, (* ed. 1911) at pages 448-451: 237. "Extent of Power, Limitations; Canons of Construction. - It is a general and undisputed proposition of law that a municipal corporation posses and can exercise the following powers, and no others: First, those granted in express words; second, those necessary or fairly implied in or incidental to the powers expressly granted, third, those essential to the accomplishment of the declared objects and purposes of the corporation, - not simply convenient, but 2
rule cities possess plenary power regarding local and municipal matters and do not rely on the state legislature to grant them such authority. cf. Lehman v. Denver, 355 P.2d 309,310 (Colo. 1960); Fishel v. Denver, 108 P.2d 236,241 (Colo. 1940).2 Colorado counties are restricted in the same way as towns in their authority and powers as to local matters. Bd. of County Commissioners of County of Dolores, etal. v. Love, etal., 470 P.2d 861, 862 (Colo. 1970) Durango Transportation Inc. v. City of Durango, 824 P.24 48,50 (Colo. 1991) is inapposite. Firstly, Durango is, and was at the time, a home rule city rather than a statutory city. Secondly, the court was focusing on the Colorado Constitution Article XIV, Section 18 and its statutory implementation in construing the powers of the local governments involved in intergovernmental agreements. And thirdly, the powers that were approved were only those that were "necessary" to effectuate the cooperation agreement and its subject: bus transportation, which was independently authorized to each local government. In re Interrogatory Propounded by Governor Roy Romer on House Bill 918-1005, 814, P.2d 875 (Colo. 1991), approved the state financing of United Airlines maintenance facilities in return for United's decision to locate the facilities in Colorado. It is not applicable in any way to the issue of whether a particular power is authorized to a statutory town by the General Assembly. Whatever "disposition" of the court for "expansion" of government authority in economic development it may demonstrate is strictly limited to the State government and its plenary power [rather than a town with its restricted, narrow powers]. On April 10, 1917 the Colorado General Assembly3 authorized towns to "appropriate money for the purpose of advertising the "business, social, and educational advantage, the natural resources, and the scenic attractions" of such towns. 31-15-901(1)(b), C.R.S., as amended. In 1907, counties were similarly empowered "to appropriate money from the county general fund for the purpose of advertising the county". 30-11-116, C.R.S., as amended. Neither the Colorado legislature nor the Colorado appellate courts have provided a definition of Uadvertising" in this context. Merriam-Webster's Collegiate Dictionary (10th ed.) defines "advertising" as: "1. the action of calling something to the attention of the public esp. by paid announcements4 2. ADVERTISEMENTS indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied..." 2 The current Estes Park Town Administrator, Rich Widmer, explained the difference and advantages of home rule status in his newspaper interview reported in the Estes Park NEWS published on Friday, April 4, 2003. ' State statutes are introduced and initially passed by the state legislature, but are subject to the conditional veto of the governor, which may be overridden with a super majority. 4 It appears that this is what the Town of Estes Park has been doing for many years, to-wit: placing ads in national, regional and local publications, bringing to the attention of the readers the advantage ofthe town. 3
(the magazine contains much more) (sic) 3. the business of preparing advertisementsfor pliblidation or broadcast." Except for advertising a statutory municipality's activities in a newsletter, annual report, and news release, I could find no Colorado appellate court cases concerning a town's authority for "advertising" itself. Courts in other jurisdictions require specific legislative authority to so advertise and reject a town's general welfare or general taxing power as sufficient basis for this activity. 56 AM JUR 2d Municipal Corporations, Counties, and Other Political Subdivisions, 188. The laws empowering both towns' and counties' advertising of themselves did not authorize or include anything other than advertising. That their authority to advertise did not include the power to market and sell tourism and visitors services was demonstrated and confirmed in subsequent state legislation. In 1998 the "Local Marketing District Act"6 empowered towns, alone or in concert with other governmental entities, to create districts to organize, promote, market, and manage public events, to support business recruitment, management and development, and to coordinate tourism promotion activities with a voter- approved lodgers' tax for funding. 29-25-111«1)(f), C.R.S.7 In 1987 the state permitted counties to establish taxing and implementing mechanisms "for the purpose of advertising and marketing local tourism", (emphasis added), 30-11-107.5, C.R.S. but only with funding from a voter- approved lodgers' tax. The state refused to grant further powers to towns on these subjects in 2001 with the governor's veto of House Bill 01-1386. Other than through the processes set out in the 1998 statute, the state of Colorado has never authorized towns to take any action concerning visitors and tourists exceeding "advertising" the town's advantages. The Estes Park town government proposes to charge fees for the services it intends to take over from the Chamber. The town has no authority for that proposed action. The state is well aware of how, through its statues, to authorize and empower towns to charge fees for services. For example, towns are authorized by state statute to charge fees for water and sewer services. 31-35- 402, C.R.S., as amended. There is no statutory authority for towns to charge a fee to affected or even benefited businesses for advertising or for marketing or for sales of visitor or tourist services. The Taxpayer Bill of Rights (TABOR), Colorado Constitution Article 10, Section 20, requires a vote of the citizens of Estes Park when tax policy is to be 5 In Gude v. Lakewood, 636 P. 2d 691,703 (Colo. 1981) the court approved the then statutory City of Lakewood's advertising newsletters and annual reports and news releases concerning municipal affairs based on statutory cities' power to appropriate money for advertising under 31-15-901(1)(b) C.R.S. 6 Article 25 of Title 29, C.R.S., as amended. 7 Estes Park Town Administrator Gary Klahpake testified before the House Government Affairs Committee on February 9,1998 concerning this legislation. 4
. changed - especially for new or increased taxes. Calling the impositions for marketing and sales services that are being considered by the town a fee does not necessarily excuse the action from the TABOR requirements. Conclusions. The Estes Park town government does not have the authority and powers required to undertake the tourist and visitor marketing and sales functions now performed by the Chamber. The town government may continue placing advertisements in national, regional and local publication and to evaluate the effectiveness of any or all of those advertisements. None of the other functions and activities currently performed by the Chamber are essential to, or even necessary or reasonably incidental or essential to, the power to advertise. Such legitimate types of necessary or reasonably incidental powers might include contracting with an artist for creation of the advertising copy, contracting with a publisher to include the town's ads in a certain publication, traveling to a target community or state to study effective ways to advertise there, or contracting with an independent evaluator to study the effectiveness of the ads- but not to expand the essential authority granted by the state statute from advertising to marketing and sales. The town government has no authority or power to: (1) operate the Visitor Center; (2) charge for the use of the Visitor Center 'brochure" racks by local businesses; (3) assume the responsibility for answering the 800-44-ESTES calls and distributing leads generated by the advertisements; (4) create and publish an alternative "Vacation Planner"; (5) "implement" a Convention & Visitors Bureau; (6) create, maintain, and/or charge fees for the use of a website for tourists and visitors; (7) charge town or non-town located businesses for leads, either through a disguised tax or a "fee"; and (8) create an independent, separate non-profit corporation under the general laws of the state of Colorado to undertake these functions in lieu of the town government. General This letter is written to the Estes Park Chamber of Commerce Board of Directors and is intended for their use. The Chamber has paid the writer a fee for the letter and work related to it. George Cerrone has practiced in municipal and local government law for over thirty-four years, having been admitted to practice law in Colorado in 1969. He served in the City and County of Denver Law Department for over 29 years, the last 10 of which were as the Deputy City Attorney. He is a past president of the Metro City Attorneys Association and Chairman of the Municipal Attorney Section of the Colorado Municipal League. He currently teaches state and local government law at the University of Denver College of Law. Sincerely, George J. Cerrone, Jr. 5
Business Development lemo To: Honorable Mayor Baudek and Town Trustees From: Tom Pickering, Director of Business Development Date: May 21,2004 Re: Estes Park Convention & Visitors Bureau Background: The Town Board directed staff to create and implement a Convention & Visitors Bureau for The Town of Estes Park. It was directed that the new "CVB" will begin operation on October 1, 2004. The mission of the CVB is to offer to the businesses in the prescribed area the following: 1. Comprehensive marketing program that sells Estes Park as a year round vacation, recreation destination through effective and efficient use of media, communications, group sales, special events, and visitor's services. 2. Provide a menu of services to all the businesses in the area at a fair, equal, and reasonable price. Services include phone and computer leads, rack brochure and outdoor advertising at the Visitor Center. Fees for all the services will be the same for all the businesses in the designated area. This area includes Aliens Park, Meeker Park, Drake, Pine Wood, and Glen Haven. 3. Build one marketing face for the community. Brand the community with a common message and look that maximizes the visitors' experience and creates return visits. Work with other state, regional, and local organizations to efficiently promote our community. 4. Provide the visitors, businesses, and citizens a high level of customer service and satisfaction as we work cooperatively as a community to build the economy and preserve the natural surrounding. Budget: The CVB will combine its existing marketing department with new roles and responsibilities of a traditional CVB. It is the intention that the CVB will generate revenues from sale of its menu of services to offset operating expenses. The 2005/2006 budgets will reflect those expenses and revenues. The 2004 start-up phase of the CVB will require a one-time draw from the fund balance to plan, equip, and staff the fourth quarter of 2004. The request is to appropriate $195,000 from the fund balance. (See attached Budget.) Action: Authorize the funding of the CVB. 1
, ~ourth Qtiarter 2004 CVB Cost Estimates Operating One Time or Income 5/7/2004 pwm Expense Capital Costs perator and AT&T costs for 3 months Project AT&T costs: 3,900 calls at $0.39/call 1,521.00 Project 2 operators @ 40 hour weeks @ $10/hr and 33% benefits 13,832.00 Pete says 11.86 is our lowest 15,353.00 grade Projected Fulfillment budget offset -10,230.00 Shortfall 5,123.00 * 2) Visitors Center Coordinator 5 months @ Grade 40 + 33% benefits 19,950.00 3) Communications Coordinator 8 months @ Grade 40 + 33% benefits 31,920.00 Projected Media Relations budget offset -10,000.00 Total Additional Staff Payroll 2004: 46,993.00 * 4) Director of Communications increase 8 months @ 1,500/mo 12,000.00 * miture and Equipment (see separate list) 48,836.00 * 6) Nortel Telephone system installed & training (Qwest) 12,750.00 * 7) 3 months miscellaneous operating expense (see budget) 10,916.00 * 8) Building Improvments ??? 9) Web Site Creation (250 hours @ 100) 25,000.00 * Project Manager 10,000.00 * 10) Advertising Free Lure Brochure 120M at $186.71/M 22,500.00 * Bring in Creative Review funding from Ad program -20,000.00 * 11) Contingency 21,500.00 * adjusted to 5/7/04 version of needs list 12) Income: Leads 0.00 Counter Sales 0.00 Brochure Racks 0.00 Web Links 0.00 Outdoor Advertising 0.00 Prop Tax Equivalent 0.00 al 2004 75,032.00 120,586.00 0.00
. ' MEMORANDUM TO. HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR WIDMER FROM: PETE BRANDJORD, FINANCE OFFICER SUBJECT: SUPPLEMENTAL BUDGET RESOLUTION DATE: 5/20/2004 CQ Background. In the time since the budget for the fiscal year 2004 was adopted, circumstances have arisen that have required additional funding to be provided. The recommended adjustments and explanations follow: 1. Senior Center Fund a. $12,251 from unappropriated surpluses for the Director's salary. The hiring process for a Senior Center Director was underway during the budget process, and the final salary and allocation of salary between divisions was not known by the time of the budget's adoption. The previous Director's salary was allocated between Operations, Meals and General Fund Administration, and the allocations were not made in the current budget: because of changes in job duties and organizational structure. After the adjustment, the current salary and allocation will be a reduction from the 2003 budgeted amounts. b. $2,475 from unappropriated surpluses for expenditure of funds provided by additional program award from Larimer County. 2. Open Space Fund a. $25,000 from unappropriated surpluses to share in the purchase of a property (west end of Gateway~ with the Estes Valley Land Trust to be converted to a conservation easement. b. $18,598 from unappropriated surpluses for acceleration of construction projects and schedule on the Knoll property.
. . 9, 3. General Fund a. $195,000 from unappropriated surpluses for start-up and operating expenditures for the Convention and Visitor's -Bureau. b. $84,000 for unappropriated surpluses for the purchase of a decontamination trailer for the Fire Department, funds provided by 100% Homeland Security grant. c. $1,400 from unappropriated surpluses for expenditures related to damages to Fire Station parking lot by contractor, and the use of settlement funds received. Budget The supplemental appropriation will require the additional appropriations detailed above. Action Policy Issues - It is recommended that the additional funds be appropriated to allow for the legal expenditure of the funds as directed by the Town Board. Technical Issues -none 2
RESOLUTION NO 8-04 A RESOLUTION APPROPRIATING SUPPLEMENTAL SUMS OF MONEY TO FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on November 11, 2003; and WHEREAS, additional appropriations from the following funds and in the following amounts are necessary: 1. $14,726 from the unappropriated surplus of the Senior Center Fund 2. $43,598 from the unappropriated surplus of the Open Space Fund, and 3. $280,400 from the unappropriated surplus of the General Fund WHEREAS, it is not only required by law, but also necessary to appropriate the surpluses provided in the budget from the funds listed above, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the above amounts are hereby appropriated from the unappropriated surplus of each fund, to each fund. ADOPTED this day of ,2004. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk
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