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Home My WebLink AboutPACKET Town Board 2008-09-23Prepared 9/15/08 . *Revised 9/18/08 **Revised 9/22/08 *** Revised 9/23/08 I. 'j 'k - . ': Â·Â· t. 1!11 TOWN Of ESIM PARK - 2 : - I The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 23,2008 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance) *** PROCLAMATION. Park School District 125th Anniversary. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 9,2008. 2. Bills. 3. Committee Minutes: A. Community Development, September 4,2008: 1. Auto Extravaganza Car Show Rescheduled for September 27,2008, Road Closure - Park Lane and McGregor Ave. from Elkhorn to Park Lane. B. Utilities, September 11, 2008: 1. Mary's Lake Utility Bridge Crossing - Cornerstone Construction Concepts, Inc. - $114,509 and L&P - $60,000, Budgeted. 4. Estes Valley Planning Commission, August 19, 2008 (acknowledgement only). 5. Estes Park Urban Renewal Authority, August 20,2008 (acknowledgement only). 6. Larimer Emergency Telephone Authority (LETA) Board Appointment - John Baudek for 2-yr term, expiring December 31, 2010. 7. Fireworks Permit for Park School District on September 26,2008. 2. REPORTS AND DISCUSSION ITEMS. 1. Rocky Mountain National Park Update. Superintendent Baker. 2. Community Development Block Grant Awarded to Victim Advocates. Director Mesropian. '4 3. Proclamation and Costa Rican Presentation. Mayor Pinkham & Estes Park Students. 3. PLANNING COMMISSION ITEMS - Items reviewed by Planning Commission for Town Board Final Action. Mayor Pinkham: 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: ** a. PRELIMINARY SUBDIVISION 1. Solomon Resubdivision of Outlots A & B, Prospect Highlands Subdivision., Central Administrator's Inc. Continued to October 28, 2008. b. BIG BEAR ESTATES (ELKHORN LODGE) LAND USE ITEMS: Four Metes and Bounds parcels (parcel identification numbers 35261-00- 001, 35261-05-046, 35261-06-001, and 35252-53-018) and Outlot A, Sallee Resubdivision, Rock Castle Development Company/Applicant. l. REZONING - Rezoning of Parcel #35261-00-001 from RE - Rural Estate to CO - Commercial Outlying. Rezoning of Parcel # 35261-05- 046 and Outlot A, Sallee Resubdivision from E - Estate to CO - Commercial Outlying. 2. PRELIMINARY SUBDIVISION PLAT. 3. PRELIMINARY PLANNED UNIT DEVELOPMENT (P.U.D.) #08-01. WITHDRAWN - Rock Castle Development Co./Applicant has requested all items related to the redevelopment of the Elkhorn Lodge be withdrawn. 4. ACTION ITEMS: 1. APPOINTMENT OF TREE BOARD MEMBERS. Mayor Pinkham. a. Mike Richardson, 4 yr. term expiring 4/30/12. b. Sandy Burns, 4 yr. term expiring 4/30/12. 2. RESOLUTION #17-08 - SURPRISE SIDEWALK SALE, OCTOBER 11 & 12, 2008. Director Pickering. 3. DESIGN OF INTERSECTION IMPROVEMENTS AT RIVERSIDE AND ELKHORN. Director Zurn. 4. PUBLIC HEARING - BIG BEAR ESTATES ANNEXATION - RESOLUTION #18-08 & ORDINANCE #15-08 - PUBLIC HEARING. Director Joseph Quasi-Judicial Hearing - decisions made must be based on the testimony and information presented at the hearing. 1. Mayor - Open Public Hearing 2. Staff Report 3. Town Attorney White read Resolution #-08 anti Ordinance #-08. 4. Public Testimony 5. Mayor - Close Public Hearing 6. Motion to Approve/Deny. ' *** CONTINUED - Jerry ZahourekApplicant has requested the annexation of Big Bear Estates be continued to October 28,2008. 5. TOWN ADMINISTRATOR REPORT. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the ArlpnrIA wAQ nrenprerl Jackie Williamson From: EP Administration [ir3045@estes.org] Sent: Tuesday, September 23, 2008 9:48 AM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 0689 ST. TIME 09/23 09:38 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channe18 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 Town Board Meeting, September 23, 2008 (#12) Good evening, This week at least one Bronco football player thanked God for New Orleans missed field goal; just like We Trust In God to create another 700 billion dollars to bail out Wall Street! There's no need to pay it back because it's a gift, and besides, the end times are near, God loves us, and there's more important things to consider. Silly? Mankind can only hope that Obama and McCain are closet atheists. At our last meeting, a gentleman came forward to say that I shouldn't bring politics into our meeting when all I did was use Sarah Palin as an example ofhow a Christian extremist can be seen by many as a credible candidate for vice president. That this offends some people only makes my case. He also said that our Constitution doesn't specifically mention a separation of church and state, which is true and I didn't say otherwise, but to further the argument, there is nothing in our Constitution that specifically advocates a 'joining' of church and state. The First Amendment says, 'congress shall pass no law respecting an establishment of religion or the free exercise thereof,' which certainly swings in favor ofthe separation which our founding fathers advocated. The third comment I heard had to do with the appropriateness of my words and my failure to understand that when someone is in the minority, it is best to sit quietly out of respect to the majority opinion. Others have put it more bluntly and said that my recall was meant to put me in my place and that now I should just sit down and shut up! Guess what? No American should have to hide in a closet, no American should be forced to sit in the back of the bus, and no American should have to publicly acknowledge anyone's personal God in order to participate in our American patriotic Pledge. It's un- American, it's unconstitutional, it's disrespectful and you and your constituents know it. I said from the beginning that the 'under God' Pledge is divisive at its core and you are only beginning to find out just how much. The people of Estes Park are using their majority power to shove their religious beliefs in my face and I am using my Constitutional power to shove it back. There are only two sure ways to eliminate my dissent. The first consists of you removing your God from our public meetings. The second is a good reason for having an officer in the back ofthe room. I again ask you to be on the right side of history and stop reciting the 'under God' Pledge at our meetings. 1.\ Thank you, David Habecker 1,4 fJ k .L Uj Prepared 9/15/08 *Revised 9/18/08 **Revised 9/22/08 . 11@ TOWNÂ·.Of, Ew{$ PARK , ~, The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 23,2008 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance) PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 9,2008. 2. Bills. 3. Committee Minutes: A. Community Development, September 4,2008: 1. Auto Extravaganza Car Show Rescheduled for September 27,2008, Road Closure - Park Lane and McGregor Ave. from Elkhorn to Park Lane. B. Utilities, September 11,2008: 1. Mary's Lake Utility Bridge Crossing - Cornerstone Construction Concepts, Inc. - $114,509 and L&P - $60,000, Budgeted. 4. Estes Valley Planning Commission, August 19,2008 (acknowledgement only). 5. Estes Park Urban Renewal Authority, August 20,2008 (acknowledgement only). 6. Larimer Emergency Telephone Authority (LETA) Board Appointment - John Baudek for 2-yr term, expiring December 31, 2010. 7. Fireworks Permit for Park School District on September 26,2008. 2. REPORTS AND DISCUSSION ITEMS. 1. Rocky Mountain National Park Update. Superintendent Baker. 2. Community Development Block Grant Awarded to Victim Advocates. Director Mesropian. 3. Proclamation and COSTA RICAN PRESENTATION. Mayor Pinkham & Estes Park Students. 3. PLANNING COMMISSION ITEMS - Items reviewed by Planning Commission for Town Board Final Action. Mayor Pinkham: 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: * * a. PRELIMINARY SUBDIVISION 1. Solomon Resubdivision of Outlots A & B, Prospect Highlands Subdivision., Central Administrator's Inc. Continued to the October 28,2008 meeting. b. BIG BEAR ESTATES (ELKHORN LODGE) LAND USE ITEMS: Four Metes and Bounds parcels (parcel identification numbers 35261-00- 001, 35261-05-046, 35261-06-001, and 35252-53-018) and Outlot A, Sallee Resubdivision, Rock Castle Development Company/Applicant. l. REZONING - Rezoning of Parcel #35261-00-001 from RE - Rural Estate to CO - Commercial Outlying. Rezoning of Parcel # 35261-05- 046 and Outlot A, Sallee Resubdivision from E - Estate to CO - Commercial Outlying. 2. PRELIMINARY SUBDIVISION PLAT. 3. PRELIMINARY PLANNED UNIT DEVELOPMENT (P.U.D.) #08-01. WITHDRAWN Rock Castle Development Co./Applicant has requested all items related to the redevelopment of the Elkhorn Lodge be withdrawn. 4. ACTION ITEMS: 1. APPOINTMENT OF TREE BOARD MEMBERS. Mayor Pinkham. a. Mike Richardson, 4 yr. term expiring 4/30/12. b. Sandy Burns, 4 yr. term expiring 4/30/12. 2. RESOLUTION #17-08 - SURPRISE SIDEWALK SALE, OCTOBER 11 & 12, 2008. Director Pickering. 3. DESIGN OF INTERSECTION IMPROVEMENTS AT RIVERSIDE AND ELKHORN. Director Zurn. 4. PUBLIC HEARING - BIG BEAR ESTATES ANNEXATION - RESOLUTION #18-08 & ORDINANCE #15-08 - PUBLIC HEARING. Director Joseph Quasi-Judicial Hearing - decisions made must be based on the testimony and information presented at the hearing. 1. Mayor - Open Public Hearing 2. Staff Report 3. Town Attorney White read Resolution it-08 and Ordinance it-08. 4. Public Testimony 5. Mayor - Close Public Hearing 6. Motion to Approve/Deny. 5. TOWN ADMINISTRATOR REPORT. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the Anpnrip wpq nrpng-prl 09/32/2008 MON 14:48 FAX 9705862816 EP Administration @001 ********************************* *** FAX ACTIVITY REPORT TX/ RX *** ********************************* ST. TIME DESTINATION ADDRESS NO. MODE PGS. RESULT 09/12 17:22 UNKNOWN 5257 AUTO RX 0 NG 00' 44 0 #005 09/15 09:06 763 478 8043 5258 AUTO RX ECM 1 OK 00' 18 09/15 09:10 +9704987847 5259 AUTO RX ECM 1 OK 00' 17 09/15 09:40 KEPL 5869561 0670 SEQ. BROADCAST ECM 1 OK 00' 29 09/15 09:41 Trail Gazette 5869532 0670 SEQ. BROADCAST ECM 1 OK 00' 31 09/15 09:42 Channel 8 5861691 0670 SEQ. BROADCAST ECM 1 OK 00' 37 09/15 09:43 Reporter Herald 6353677 0670 SEQ. BROADCAST ECM 1 OK 00' 17 09/15 09:44 EP News 5771590 0670 SEQ. BROADCAST ECM 1 OK 00' 32 09/15 10:17 4987847 0672 TX ECM 1 OK 00' 18 09/15 11: 20 KEPL 5869561 0673 SEQ. BROADCAST ECM 1 OK 00' 26 09/15 11: 21 Trail Gazette 5869532 0673 SEQ. BROADCAST ECM 1 OK 00' 29 09/15 11:22 Channel 8 5861691 0673 SEQ. BROADCAST ECM 1 OK 00' 32 09/15 11:23 Reporter Herald 6353677 0673 SEQ. BROADCAST ECM 1 OK 00' 15 09/15 11:24 EP News 5771590 0673 SEQ. BROADCAST ECM 1 OK 00' 28 09/16 10:17 720 941 1004 5260 AUTO RX ECM 1 OK 00' 39 09/16 11:43 19705861665 5261 AUTO RX ECM 2 OK 00' 50 09/16 12:43 12567395798 0677 TX ECM 2 OK 01' 14 09/16 14:18 UNKNOWN 5262 AUTO RX ECM 1 OK 00' 30 09/17 12:01 9705878596 0678 TX ECM 2 OK 00' 37 09/17 12:04 UNKNOWN 5263 AUTO RX ECM 1 OK 00' 31 09/18 11:01 UNKNOWN 5264 AUTO RX ECM 1 OK 00' 18 09/19 08:32 Greg White 6672527 0680 SEQ. BROADCAST ECM 2 OK 00' 36 09/19 08:33 KEPL 5869561 0680 SEQ. BROADCAST ECM 2 OK 00' 56 09/19 08:35 Trail Gazette 5869532 0680 SEQ. BROADCAST ECM 2 OK 01' 08 09/19 08:36 Channel 8 5861691 0680 SEQ. BROADCAST ECM 2 OK 01' 27 09/19 08:38 Reporter Herald 6353677 0680 SEQ. BROADCAST ECM 2 OK 00' 34 09/19 08:39 Coloradoan 2247899 0680 SEQ. BROADCAST ECM 2 OK 00' 37 09/19 08:40 EP News 5771590 0680 SEQ. BROADCAST ECM 2 OK 01' 07 09/22 08: 55 KEPL 5869561 0682 SEQ. BROADCAST ECM 1 OK 00' 25 09/22 08:56 Trail Gazette 5869532 0682 SEQ. BROADCAST ECM 1 OK 00' 26 09/22 08: 58 Reporter Herald 6353677 0682 SEQ. BROADCAST ECM 1 OK 00' 15 09/22 08: 59 EP News 5771590 0682 SEQ. BROADCAST ECM 1 OK 00' 26 09/22 09:01 Channel 8 5861691 0682 SEQ. BROADCAST ECM 1 OK 00' 28 09/22 10:49 Greg WhiteÂ· 6672527 0685 SEQ. BROADCAST ECM 2 OK 00' 37 09/22 10: 50 KEPL 5869561 0685 SEQ. BROADCAST ECM 2 OK 00' 57 09/22 10:52 Trail Gazette 5869532 0685 SEQ. BROADCAST ECM 2 OK 01' 11 09/22 10:53 Channel 8 5861691 0685 SEQ. BROADCAST ECM 2 OK 01' 33 09/22 10:55 Reporter Herald 6353677 0685 SEQ. BROADCAST ECM 2 OK 00' 37 09/22 10:56 Coloradoan 2247899 0685 SEQ. BROADCAST ECM 2 OK 00' 39 09/22 10:57 EP News 5771590 0685 SEQ. BROADCAST ECM 2 OK 01' 10 Gle Prepared 9/15/08 *Revised 9/18/08 .?F ...O 4 1 .... f' .764 Â· : . in 11@ TOWN Of {ST{$ PARI< t. g e - .1. k. - a -P. The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 23,2008 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance) PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 9,2008. 2. Bills. 3. Committee Minutes: A. Community Development, September 4,2008: 1. Auto Extravaganza Car Show Rescheduled for September 27,2008, Road Closure - Park Lane and McGregor Ave. from Elkhorn to Park Lane. B. Utilities, September 11, 2008: 1. Mary's Lake Utility Bridge Crossing - Cornerstone Construction Concepts, Inc. - $114,509 and L&P - $60,000, Budgeted. 4. Estes Valley Planning Commission, August 19, 2008 (acknowledgement only). 5. Estes Park Urban Renewal Authority, August 20,2008 (acknowledgement only). 6. Larimer Emergency Telephone Authority (LETA) Board Appointment - John Baudek for 2-yr term, expiring December 31, 2010. 7. Fireworks Permit for Park School District on September 26,2008. 2. REPORTS AND DISCUSSION ITEMS. 1. Rocky Mountain National Park Update. Superintendent Baker. 2. Community Development Block Grant Awarded to Victim Advocates. Director Mesropian. * 3. Proclamation and COSTA RICAN PRESENTATION. Mayor Pinkham & Estes Park Students. 3. PLANNING COMMISSION ITEMS - Items reviewed by Planning Commission for Town Board Final Action. Mayor Pinkham: 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: a. BIG BEAR ESTATES (ELKHORN LODGE) LAND USE ITEMS: Four Metes and Bounds parcels (parcel identification numbers 35261-00- 001, 35261-05-046, 35261-06-001, and 35252-53-018) and Outlot A, Sallee Resubdivision, Rock Castle Development Company/Applicant. l. REZONING - Rezoning of Parcel #35261-00-001 from RE - Rural Estate to CO - Commercial Outlying. Rezoning of Parcel # 35261-05- 046 and Outlot A, Sallee Resubdivision from E - Estate to CO - Commercial Outlying. 2. PRELIMINARY SUBDIVISION PLAT. 3. PRELIMINARY PLANNED UNIT DEVELOPMENT (P.U.D.) #08-01. WITHDRAWN Rock Castle Development Co./Applicant has requested all items related to the redevelopment of the Elkhorn Lodge be withdrawn. 4. ACTION ITEMS: 1. APPOINTMENT OF TREE BOARD MEMBERS. Mayor Pinkham. a. Mike Richardson, 4 yr. term expiring 4/30/12. b. Sandy Burns, 4 yr. term expiring 4/30/12. 2. RESOLUTION #17-08 - SURPRISE SIDEWALK SALE, OCTOBER 11 & 12, 2008. Director Pickering. 3. DESIGN OF INTERSECTION IMPROVEMENTS AT RIVERSIDE AND ELKHORN. Director Zurn. 4. PUBLIC HEARING - BIG BEAR ESTATES ANNEXATION - RESOLUTION #18-08 & ORDINANCE #15-08 - PUBLIC HEARING. Director Joseph Quasi-Judicial Hearing - decisions made must be based on the testimony and information presented at the hearing. 1. Mayor - Open Public Hearing 2. Staff Report 3. Town Attorney White read Resolution #-08 and Ordinance #-08. 4. Public Testimony 5. Mayor - Close Public Hearing 6. Motion to Approve/Deny. 5. TOWN ADMINISTRATOR REPORT. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the Ar,enrIA wAq nrenAred Town of Estes Park, Larimer County, Colorado, September 9,2008 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 9th day of September, 2008. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller Also Present: Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Cynthia Deats, Deputy Town Clerk Absent: Town Attorney White Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION. Mayor Pinkham read a proclamation designating September 17-23, 2008, as Constitution Week. PUBLIC COMMENT. George Hockman, Estes Park resident, expressed dissatisfaction with the Town's weed management ordinances and pointed out areas of deficiency within the ordinances. He stated that, although the Town is in compliance with Colorado State Statute, the current weed management plan and spraying efforts have not been effective in controlling the spread of noxious weeds throughout the Estes Valley. Trustee Blackhurst reported that noxious weeds and action related to weed management were discussed at the most recent Public Works Committee meeting. David Habecker, Estes Park resident, requested the Town Board discontinue reciting the Pledge of Allegiance. He mentioned the role religion is playing in the current presidential campaign and stated that having God in the Pledge has broken the trust of our forefathers who wrote the Constitution and proclaimed a separation of church and state should exist. John Meissner, Estes Park resident, urged institutions that hold early Estes Park newspapers to have them digitized and made accessible to the public. John Cordsen, Estes Park Trail-Gazette, stated that early issues of the newspaper are in the process of being digitized and that the Trail-Gazette and the library are reviewing their historical archives to document Estes Park history through editions of the newspaper. The digitized information will be given to both the public library and the Estes Park Museum to be made available to the public. Tom Ewing, Estes Park resident, responded to Mr. Habecker's comments stating that the constitution does not provide for a separation between church and state, but rather is addressed in a letter written by Thomas Jefferson, that Mr. Habecker was out of order in bringing political candidates into his comments, and that a choice can be made to either overlook offensive speech or avoid it. Board of Trustees - September 9,2008 - Page 2 TOWN BOARD COMMENTS. Trustee Blackhurst reminded the community of the Estes Park Housing Authority meeting scheduled for 8:30 a.m. on Wednesday, September 10, 2008, in Room 202 of the Municipal Building, and the Utilities Committee Meeting scheduled for Thursday, September 11, 2008, at 8:00 a.m. in the Board Room. Trustee Eisenlauer stated that two public meetings of the Fire Services Task Force are scheduled to be held in the Board Room at 7:00 p.m. on Thursday, September 11, 2008, and Thursday, September 18, 2008. The proposed Estes Valley Fire Services Plan will be reviewed and public participation is encouraged. Mayor Pinkham stated that he spent the weekend attending the Longs Peak Scottish/Irish Highland Festival and heard positive comments about the festival and the Estes Park community from many visitors. 1. CONSENT AGENDA: 1. Town Board Minutes dated August 26, 2008 and Town Board Pre-Budget Study Session Minutes dated August 26,2008. 2. Bills. 3. Committee Minutes: A. Public Safety, August 21, 2008: 1. Resolution #14-08 L.E.T.A. 2009 Telephone/Wireless Access Charges of $.45 per month. B. Public Works, August 28,2008: a. 2009 Ford Ranger 4x4, Burt Arapahoe Ford - $17,479.90, Budgeted. b. Street Overlay Paving, Connell Resources - $120,000, Budgeted. c. Wiest & Virginia Parking Lot Overlay, Connell Resources - $52,000, Budgeted. d. Virginia Dr. and Parking Lot Sidewalk Improvements, Bryson Concrete - $14,050, Budgeted. 4. Intent to Annex Resolution #15-08 - Fall River Additions 5, 6, 7, 8, 9,10 and 11. Public Hearing scheduled December 9,2008. 5. Resolution #16-08 - Scheduling a Show Cause Liquor Hearing for Vega LLC., dba Vega, 205 Virginia Drive, Hotel and Restaurant Liquor License on October 14,2008. It was moved and seconded (Levine/Ericson) the Consent Agenda be approved, and it passed unanimously 2. ACTION ITEMS: 1. APPOINTMENT OF EPURA COMMISSIONERS. Mayor Pinkham announced the appointments of Sharry White and Jim Martinsen to the Estes Park Urban Renewal Authority (EPURA) Board. The appointments are based on the recommendation of a selection committee following structured interviews of eight candidates held in June. Both appointees bring broad backgrounds in community service to the Board and will serve five-year terms expiring on September 30, 2013. Ms. White and Mr. Martinsen will replace Commissioner Paula Steige, who has served 12 years on the EPURA Board, and Commissioner Gerald Swank, who has been a member of the EPURA Board for the past 17 years. The Mayor and the Trustees thanked Commissioner Steige and Commissioner Swank, whose terms expire Board of Trustees - September 9,2008 - Page 3 on September 14, 2008, for their service to EPURA and the Town of Estes Park. It was moved and seconded (Eisenlauer/Blackhurst) to approve the appointments of Sharry White and Jim Martinsen to the EPURA Board for five-year terms expiring September 30, 2013, and it passed unanimously. 2. 2 ND QUARTER SALES TAX REPORT. Finance Officer McFarland reviewed the financial report for the first half of 2008 stating that expenditures are under budget at this time, with sales tax 4.7% behind 2007 and 4.8% behind budget. He stated each percentage of budgeted sales tax equates to $74,000 which translates to an approximate $350,000 shortfall for 2008, if current trends continue. He reported that the data and trends indicate projected revenues for 2008 will be in the $7.1 million range, rather than the budgeted $7.4 million, signaling a "yellow light" approach to expenditures which would include cutting discretionary spending and freezing open positions unless approved. July sales tax figures will be available next month which will provide the information necessary to make a projection for the remainder of the year. Discussion followed and is summarized: forecasting with a five-year average provides for less variance and is more conservative; data shows no significant deviation from income stream if using a five-year average; food, mostly groceries, and construction have increased over the last several years; reporting categories were reclassified for 2008; variations are not statistically significant and are better than national economy in general; the variations may not be statistically significant, but require adjustments to spending; $900,000 from 2007 increased capital reserves to 39% and provides the ability to meet budget, have the capital to move ahead without cutting services, and maintain a 30% reserve; budgeting for 2009 will be more challenging; and good fiscal management in 2007 has provided a financial cushion. Town Administrator Halburnt applauded the Town Board for choosing to operate with a 30% fund balance with 5% leeway for staff. 3. ORDINANCE #14-08 LEASE AGREEMENT WITH ESTES PARK, LLC FOR OUTDOOR SEATING AREA AT 210 E. ELKHORN AVENUE. The Town of Estes Park entered into a lease agreement with the previous owner of the El Centro Complex for an area adjacent to the property that is currently being used for outdoor seating by the Casa Grande Restaurant. As the property has recently been sold, a new lease agreement which has been reviewed by Town Attorney White, between the Town of Estes Park and the new property owner, Estes Park, LLC, is required in order to provide for continued use of the seating area. Ordinance #14-08 was read into the record. Discussion ensued and is summarized: do other restaurants with outdoor seating have lease agreements to use the sidewalk; Riverwalk easements granted for use of the sidewalk; lease renews on an annual basis unless notified; question the economics of a $1/year lease; approve and research history of arrangement. It was moved and seconded (Ericson/Miller) to approve Ordinance #14-08 authorizing a lease agreement with Estes Park, LLC for consecutive one-year terms as outlined, and it passed unanimously. 4. FALL RIVER TRAIL PHASE 4. The 2007 & 2008 budgets contain $350,000 in the Larimer County Open Space Fund for the construction of Fall River Trail Phase 4 which proceeds along West Elkhorn Avenue from Valley Road to Castle Mountain Lodge. The project lies within the Colorado Department of Transportation (CDOT) right-of-way and requires a License Contract with the State, which has been obtained. The project is scheduled to begin mid-September with completion in mid-December 2008. Bid packages were mailed to twelve northern Colorado contractors on August 15,2008, with the following results: Board of Trustees - September 9,2008 - Page 4 1 Cornerstone Concrete Company Estes Park $ 303,202.00 2 L&M Enterprises Berthoud $ 310,923.03 3 Mountain Constructors Platteville $ 319,036.00 4 DeFalco Construction Longmont $ 328,382.86 5 Cornerstone Construction Concepts Estes Park $ 337,948.30 6 Northstar Concrete, Inc. Loveland $ 338,088.00 7 Naranjo Civil Constructors Greeley $ 346,465.00 8 Connell Resources Fort Collins $ 355,106.40 9 Mountain Concrete Estes Park $ 408,731.00 10 Noraa Concrete Keehesburg $ 437,104.65 Staff is requesting approval to accept the low bid from Cornerstone Concrete Company of Estes Park in the amount of $303,202. Dir. Zurn stated the impact to traffic will be minimal during the project with some minor delays and detouring at times and that the contractor's schedule may allow for completion of the project in November, ahead of schedule. It was moved and seconded (BlackhursUMiller) to approve the contract with Cornerstone Concrete Company in the amount of $303,202 from account #220-4600-462-35-60 budgeted, for the construction of Fall River Trail Phase 4, and it passed unanimously. Dir. Zurn stated that work on Fish Creek Trail was delayed due to the contractor's schedule, but will begin in a few weeks. 5. TOWN ADMINISTRATOR REPORT. â€¢ Town staff issued a Request for Proposal (RFP) for an Estes Valley Open Space Plan in preparation for an inventory analysis of a 32-square mile area which will be used to prioritize open space based on scenic characteristics and wildlife habitat. â€¢ Thanks to the Estes Valley Recreation and Parks District (EVRPD) for the use of golf carts during the Longs Peak Scottish/Irish Highland Festival. â€¢ Rocky Mountain National Park (RMNP) is planning a prescribed burn for early next week in the area of south Trail Ridge Road which may result in visible smoke within the Town. â€¢ The Colorado Department of Transportation (CDOT) is preparing to begin work on the intersection at Moraine Avenue and Crags Drive, near the Donut Haus. The intersection will be reconfigured and re-striped to create continuous traffic flow areas and increase driver safety. â€¢ Rock Castle Development has requested their development plan for Elkhorn Lodge be permanently removed from the Town agenda, as they will not be proceeding with development of the parcel. Whereupon Mayor Pinkham adjourned the meeting at 8:15 p.m. William C. Pinkham, Mayor Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 4,2008 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 4thday of September 2008. Committee: Chairman Levine Trustees Eisenlauer and Miller Attending: All Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Directors Kilsdonk, Pickering, Joseph, and Mitchell, Managers Winslow, Marsh and Blackhurst, and Town Clerk Williamson Absent None Chairman Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. CONVENTION & VISITORS BUREAU. Rescheduling of Auto Extravaganza - Request Approval. The Auto Extravaganza was cancelled due to rain in August. The Special Events Department requests the event be rescheduled for September 27,2008 in Bond Park, weather permitting. Road closures would be the same as requested in August: MacGregor Ave from Elkhorn Ave. to Park Ln. and Park Ln. from MacGregor Ave to Virginia Ave. The Committee recommends approval of the road closures as described above and the rescheduling of the event. 2010 Visitors Guide Printing Agreement - Request Approval. All costs associated with the production of the Visitors Guide are generated through advertising sales and collected during the previous calendar year. In the past, Second Wind, Ltd. collected the funds and CVB staff managed all agreements concerning the Guide. As of April 2008, all funds collected, including the remaining funds collected for the 2008 Guide, were transferred to the Town of Estes Park. A one-year contract extension was executed with Brochures Plus on behalf of Second Wind Ltd for the production of the 2009 Visitors Guide, and an RFP was issued for the printing. Three bids were received: â€¢ Ripon Printers, Ripon, WI $56,953 â€¢ AB Hirschfeld, Denver, Colorado $56,425 â€¢ Quebecor World, Toronto, Canada $56,896 Ripon's bid was deemed unacceptable because the company could not meet printing specifications. Hirschfeld could not provide documentation to demonstrate the company's production quality and rescinded the initial guarantee that no additional charges would be incurred due to paper mill cost increases. Therefore, staff recommends acceptance of the bid by Quebecor. The Committee recommends approval of the bid by Quebecor World at a cost of $56,896 for the printing of the 2009 Visitors Guide. CVB Photography Contract - Alpine Imagery - Request Approval. In the past, professional photography has been used for marketing the Town, and the cost related to the use of theses photos has traditionally been based on reproduction size and circulation numbers. With the advent of the internet, securing individual photos for use in a variety of promotions has become exceedingly expensive and RECORD OF PROCEEDINGS Community Development - September 4,2008 - Page 2 photographers are reluctant to allow unlimited use of their work in multiple venues. In April, an informal agreement was reached with a photographer to supply the CVB with images needed during 2008; however, the photos were not delivered. Therefore, staff contacted three companies to ascertain availability for immediate photography services. Alpine Photography submitted a proposal to sell the CVB up to 43 images to be taken during the next 10 months at a cost of $115/image and an estimated cost of $2,500 for 2008. This would be a significant savings to the CVB and to Estes Park businesses in the future. In the past, advertisers have paid over $12,000 for use of photos in the Visitor Guide. The other two photographers were either not available or did not submit a proposal. After further discussion the Committee recommends approval to contract with Alpine Photography for photographs at a cost of $115/image. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Marketing Committee â€¢ Media Relations â€¢ Stakeholder Services â€¢ CVB Group Sales MUSEUM/SENIOR CENTER. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Monthly â€¢ Senior Center Monthly Trustee Eisenlauer congratulated the Friends of the Museum Board and Museum staff for the execution of their recent event. She stated positive feedback has been received from the restructuring of the Museum Advisory Board to the Friends Board. Director Kilsdonk informed the Committee the Friends Board has recently funded the purchase of five oil paintings by Adma Green Kerr, a resident in Estes Park during the 1930s and 1940s. All five paintings depict Estes Park and the immediate surrounding area. COMMUNITY DEVELOPMENT. Reports. Reports provided for informational purposes and made a part of the proceedings. â€¢ Financial Report â€¢ Building Permit Summary MISCELLANEOUS Administrator Halburnt stated a couple of applications have been submitted for the Local Marketing District Advisory Committee. The interviews will be held the week of September 22nd and the interview team will consist of two Trustees, one County Commissioner, one representative from Estes Lodging Association and one representative from the Estes Park Chamber of Commerce. There being no further business, Chairman Levine adjourned the meeting 8:24 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 11, 2008. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 1 1 th day of September 2008. Committee: Chairman Homeier, Trustees Blackhurst and Ericson Attending: Trustees Blackhurst and Ericson Also Attending: Town Administrator Halbumt, Deputy Town Administrator Richardson, Utilities Dir. Goehring, Asst. Dir. Mangelsen, Supt. Steichen, Deputy Town Clerk Deats Absent Chairman Homeier Trustee Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT None LIGHT & POWER DEPARTMENT MARY'S LAKE UTILITY BRIDGE CROSSING CONTRACT - REQUEST APPROVAL. Due to right-of-way and easement issues, Larimer County's Mary's Lake Bridge Replacement project, originally scheduled for 2007, was postponed until 2008. Utilities that require relocation within the project area are Light and Power, Qwest, Baja Broadband and Xcel Energy. Water is not affected as the new bridge will be built 16 feet east of its present location and will not interfere with existing water lines. The Light and Power Department will pay the complete cost of an under-the-river crossing and be reimbursed by the other utilities. Staff has acquired official reimbursement commitment letters with Qwest, Baja Broadband and Xcel Energy. The overhead power lines that need to be relocated underground for this project are part of the Mary's Lake Distribution System upgrade and will be paid for using Light and Power Bond monies. Bid packets were sent to all of the following contractors, with three contractors (*) attending the pre-bid walk-through on Friday, August 15, with the following results: Cornerstone Construction Concepts, Inc $114,509 * A-1 Excavating No Bid Duell Excavating No Bid Cole Excavating No Bid Selcon Utility No Bid * BT Construction No Bid * Hall Irwin Construction No Bid Fairbanks Excavation - declined to bid No Bid Kitchen & Co. - declined to bid No Bid Staff recommends approval of a contract with Cornerstone Construction Concepts, Inc., for $114,509 to do the underground and river work. The contractor will complete the job prior to the end of 2008, so that Larimer County can move on-site after the first of the year. The estimate for the Town of Estes Park's commitment will be approximately $100,000 which will be paid for by bond proceeds. The Light and Power Fund contains $50,000 as an encumbrance for the under-the-river crossing and burying of power lines, rolled over from 2007. Conduit, fiber duct, conductors, and cubicles, are being supplied by the RECORD OF PROCEEDINGS Utilities Committee - September 11, 2008 - Page 2 Light and Power Department at an approximate cost of $60,000. The remaining $40,000 will be used for labor and vehicle equipment costs. This, in addition to the contractor amount, brings the total expenditure to $174,509 to be paid for as follows: Account # 502-7001-580-35-58 Underground Conduits $ 50,000 (roll-over) Account # 502-6501-560-22-02 Engineering $ 24,509 Bond Proceeds: $100,000 $174,509 The Committee recommends approval of a contract with Cornerstone Construction Concepts, Inc., for an under-the-river utility crossing and associated underground work at a cost of $114,509 budgeted, and an additional $60,000 for materials, to be paid for as outlined above, with approximately $74,509 in reimbursements for the relocation from Qwest, Baja Broadband, and Xcel Energy utilities. . SMALL RESIDENTIAL SOLAR REBATE PROGRAM - REQUEST APPROVAL. The Governofs Energy Office (GEO) is offering a Small Residential Solar Energy Project as part of the Governor's New Energy Economy. The Town currently participates in the GEO's Small Wind Pilot program and staff requests approval to submit an interest form to the GEO to partner in the solar rebate program. The Small Residential Solar Energy Project is a 50/50 cash match incentive program with a total program cap of $50,000. The GEO will fund $25,000 and the Town of Estes Park will fund the remaining $25,000 from account #502-6501-560-22-02 for a $2/watt rebate up to a cap of $6,000 per participant The program is limited to residential customers who participate in the Town of Estes Park's net metering program with a system capacity requirement of no more than 10kW. The Committee recommends approval to submit an application to the GEO to participate in the Small Residential Solar Energy Project and to discuss the $25,000 financial commitment to the project during the 2009 budgeting process. Town Administrator Halbumt will update the full Town Board through her weekly e-mail report. REPORTS LIGHT & POWER 1. Marv's Lake Substation Upgrade - A video presentation showing progress at the Mary's Lake Substation was viewed by the Committee. The project is on schedule arrival of the new building scheduled for September 22,2008. 2. Marv's Lake Water Treatment Plant Upgrade - The project began on August 15, 2008, with demolition proceeding on schedule. MISCELLANEOUS. Dir. Goehring stated that after an article about renewable energy was published in the Trail-Gazette, 35-40 additional customers signed up for the wind program. He stated that until standards and guidelines are in place for the erection of wind turbines, the Estes Valley Planning Commission will review on a case by case basis. There being no further business, Trustee Blackhurst adjourned the meeting at 8:33 a.m. Cynthia A. Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission August 19, 2008, 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Ike Eisenlauer; Commissioners Wendell Amos, Bruce Grant, Betty Hull, Joyce Kitchen, Doug Klink, and John Tucker Attending: Chair Eisenlauer; Commissioners Amos, Grant, Hull, Kitchen, and Tucker Also Attending: Director Joseph, Planner Chilcott, Planner Shirk, Town Attorney White, Town Board Liaison Homeier, and Recording Secretary Roederer Absent: Commissioner Klink The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. Chair Eisenlauer called the meeting to order at 1:30 p.m. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA a. Approval of meeting minutes dated July 15, 2008. It was moved and seconded (Hull/Tucker) to approve the consent agenda, and the motion passed unanimously with one absent. 3. UPDATE TO THE ESTES VALLEY COMPREHENSIVE PLAN, APPENDIX TWO, RESOURCE INFORMATION, Wildlife Habitat Map Director Joseph stated that EDAW, an environmental planning and design firm, had been retained by the Town to conduct a study to update the existing wildlife habitat map found in the Estes Valley Comprehensive Plan, which was adopted in 1996. The study provides an up-to-date, comprehensive analysis of the inventory of wildlife habitat within the Estes Valley. The study is available in draft form via the Town's website and from the Community Development office in Town Hall. Minor revisions to the study are needed; therefore, the proposal to adopt the new wildlife habitat map into the Comprehensive Plan will be on the Planning Commission's September 16, 2008 meeting agenda. EDAW Presentation: Drew Stoll of EDAW, Inc. provided a PowerPoint presentation as an overview of the draft Estes Valley Habitat Assessment, which was authored by EDAW with assistance from staff members of the Town of Estes Park, Colorado Division of Wildlife (CDOW), and Rocky Mountain National Park (RMNP). Existing ecological information and documentation was used to complete a rapid, targeted habitat assessment; there was not extensive field work involved in this assessment. Information was gathered from the Colorado Natural Heritage Program, Town staff, Rick Spowart of the CDOW, RMNP biologists, the Estes Park Bird Club, and others. Habitat on all lands was considered, regardless of whether the property is privately owned or public land. Focus was placed on target resources-those that are most endangered, rare, or important due to high use by species such as bighorn sheep-including hydrologic resources; riparian corridors; rare vegetation; important bird, bighorn sheep, elk, and mule deer habitats; and wildlife movement corridors. Areas within the Valley that have been developed were considered compromised in terms of their wildlife value. Priorities for conservation of ecological networks included conservation of habitat patches, conservation and restoration of ecological linkages (wildlife corridors), protection of rare plant and animal species, and protection of important bird habitat. Mr. Stoll noted that there are some vegetative communities within the Estes Valley that are ranked as globally significant. There are also endemic plant and butterfly species (species that exist in this area and nowhere else in the world). Raptors and migratory birds occur in the area, which is part of the Rocky Mountain flyway. The assessment strives to provide a highly diverse ecosystem resulting RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 August 19,2008 in no extinction of species. Due to the codependence of plant and animal species, protection of one results in protection of others. It is not useful to state that all lands within the Estes Valley are of high importance, so the assessment uses a ranking system. Mr. Stoll presented an Ecological Priorities Network map that delineates highest value habitats, high value habitats, and other valuable habitats. Highest value habitats include aquatic, riparian, wetlands, and bighorn sheep critical winter habitat. High value habitats include rare vegetation communities, vegetation communities with rare or endemic plant species, severe-winter range for elk and mule deer, movement corridors, migratory bird habitat, raptor nests and their vicinities, stream corridors, and other important ecological linkages. Other valuable habitats include rock outcroppings (which provide unique ecological features, nesting for some bird species, and a unique environment for some plant species), large patches of forest or undeveloped lands that serve as refuge/shelter for wildlife, and important hydrological systems of the Estes Valley. Some of the lands identified as the highest value habitat are protected under the current development code; Mr. Stoll suggested that additional protection, such as greater river setbacks, may be appropriate. Staff and Commissioners' Discussion/Comments: Commissioner Tucker questioned why bears and large cats were not specifically identified in the habitat assessment. Mr. Stoll noted that a long list of species could have been identified, including fox, coyote, squirrels, etc., but these species range widely and are generalists rather than species that require specific critical habitat. By protecting target species such as mule deer and elk, these additional species fall under the same umbrella of protection. Commissioner Tucker expressed his appreciation for the work done by EDAW, stating the Ecological Priorities Network map developed by EDAW provides a good foundation for consideration of how habitats may be affected by future Planning Commission decisions. Commissioner Grant questioned whether empirical data had been used to determine migration corridors. Mr. Stoll stated EDAW relied on information provided by CDOW Officer Rick Spowart and RMNP biologists. No scientific studies have been conducted to show the locations of wildlife movement corridors in the Estes Valley. Director Joseph stated the study is an objective assessment of the habitat found in the Estes Valley. There is much work remaining to be done to make connections between the habitat assessment and the regulatory framework upon which future land-use decisions will be made. There will be ongoing public hearings to address these issues in the Estes Valley. Public Comment: Ron Norris/Town Resident spoke on behalf of the Association for Responsible Development (ARD) and stated he was pleased to see the report come out in draft form. He strongly emphasized the importance of using the maps found in the study, particularly the Ecological Priorities Network map. He stated the Town has not done a good job in the recent past in advertising and communicating with the public on issues such as this. He expressed ARD's willingness to help advertise or co-sponsor public hearings, noting the study is a good step forward. Eric Waples/Town Resident expressed appreciation for Mr. Stoll's comments regarding the importance of connectivity, wildlife corridors, and the concept of ecological networks. He noted that windows are closing rapidly on privately owned lands. He encouraged the Planning Commission and Planning Department to coordinate efforts to identify remaining areas where decisions can be made to improve habitat patches or connectivity, as well as to protect corridors and patches that are needed to connect currently protected areas. He expressed his opinion that the design of Ranch Meadow Subdivision could have provided a corridor for elk movement from the golf course to the open space area within the subdivision, but did not. He questioned what new information had been brought forward in the study and what recommendations EDAW would make accordingly. Discussion ensued, with Mr. Stoll and Director Joseph providing comments in response to additional questions from Commissioners and Mr. Waples. Mr. Stoll stated the current RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 August 19,2008 setback applied to wetland areas and stream corridors does not buffer riparian areas. It is important to protect these areas and to have a transitional area of impact rather than locating buildings right on the edge of sensitive areas because water needs to filter through other vegetation prior to entering wetlands and because wildlife utilizing wetlands should not be disturbed by dogs, people, lighting, and so forth. Protection of plant species, including globally ranked vegetative and endemic plant species, is important, particularly if there is the desire to prevent loss of species. Mr. Stoll noted that roads create barriers. He stated that bighorn sheep are particularly in need of protection. Mr. Stoll went on to state the elk herd is beyond the sustainable level, and that wildlife behavior has changed substantially due to risk from vehicles, inappropriate food sources, and changing genetics because wildlife is not migrating naturally. Although the composite analysis map provided in the study reflects Colorado State University mapping of severe- winter range for elk (for instance), the situation is dynamic due to changing wildlife behavior. The width of corridors needed for elk migration varies depending on the number of animals using the corridor, the landscape of the area, architecture, parking, and roads. Corridors should be considered on a site-specific basis based on location; efforts should be made to ensure that fencing and architecture don't become barriers to movement. Buffers required for wetland areas should also be varied based on the significance of the wetland (major wetland vs. minor wetland). Director Joseph noted that general literature does not provide applicable guidelines for the width of elk corridors because elk in this area are so habituated to humans. Tom Kuepers/Town Resident expressed concern that possible impacts of pine beetle infestation had not been addressed in the study and encouraged the inclusion of that potentiality. Bill Van Horn/Area Resident stated consultants have been cautioning the Planning Commission for thitly-five years that elk corridors should be provided and elk calving areas should be protected. He stated elk.go where they want to and are particularly attracted to irrigated grass unless they are shot or otherwise harassed. Planning should be for species other than elk. He encouraged the Commissioners to use planning to help reduce the number of elk, as well as to disallow landscaping and bird feeders that attract elk. He stated he has not seen a porcupine in Estes Park for ten years; they used to be very common. He noted mule deer are declining and encouraged the Commissioners to focus on a "total" plan, not just a plan to accommodate elk. Commissioner Amos commented that every time a new building comes in, things are a little bit worse. He expressed surprise at the number of raptor sites found in the Estes Valley and stated they should be considered in future planning. He thanked EDAW for the comprehensive report and expressed the hope that the meeting attendees were present to help establish new regulations, noting the only species of animal that can be regulated is humans. 4. REZONING, AMENDED PLAT, and AMENDED DEVELOPMENT PLAN/LOCATION AND EXTENT REVIEW-SPECIAL REVIEW 06-01 B, ESTES PARK MEDICAL CENTER, All Hospital Addition, and two Metes and Bounds parcels located in SE S25-T5N- R73W and shown on the Moccasin Saddle Addition Plat as portions of Tract 9 and 11 and all of Tract 10, 555 Prospect Avenue and 475 Mocassin Circle Drive, Estes Park Medical Center/Applicant Applicant Presentation: Jeff Chamberlain of RLH Engineering was present to represent Estes Park Medical Center and provided a visual presentation. The applicant proposes to remodel and expand the emergency department of the hospital, which would consist of a 4,606-square- foot addition and remodel of 3,065 square feet within the existing building. New drainage, a new emergency department drop-off and entry area, and a loop road with additional parking are proposed. The addition has been designed to blend with the existing building. Construction has been planned in phases to ensure the emergency department will remain open. The proposed new loop drive would run through the existing gravel lot to create the loop. New landscaping is proposed. The applicant intends to open the new addition in March 2009, with remodel of the existing space to take place from March RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 August 19,2008 through mid-May. The addition is needed to accommodate the high volume of emergencies seen in the summer, as well as increasing demand based on the needs of the elderly population in the winter. There has been a recent issue with the noise generated by the air-handling unit on top of the existing building. The air-handling unit will be replaced as part of the proposed emergency department addition. The applicant does not have specific numbers regarding the decibel readings of the proposed equipment. The construction company has agreed to provide information on noise ratings for the new unit and will do anything possible to mitigate noise from the unit. The applicant agrees to meet the requirements of the Town noise ordinance. Staff Presentation: Planner Chilcott stated there are three applications to be reviewed. The first is an amended plat to combine three lots owned by the Estes Park Medical Center (EPMC) into one lot. The EPMC is currently located on a nine-acre lot zoned RM-Mu/ti-Fam#y Residential. The second lot is zoned E-Estate and contains a single-family residence. The third lot is also zoned E-Estate; this vacant lot is being used as temporary parking for construction and hospital employees. A fifteen-foot-wide private access easement is shown on the Moccasin Addition plat. If this easement still exists, it must be shown on the amended plat. Additionally, the Public Works Department provided comments on improvements needed on Mocassin Circle Drive given the volume of traffic accessing the hospital and using the bypass. If additional road right-of-way is needed for these improvements, it should be dedicated with this amended plat. Planning staff is supportive of the amended plat request and recommends its approval with two conditions as noted below. The second application is a request for rezoning of the two E-Estate-zoned parcels that would be combined with the existing EPMC lot via the amended plat. The lots would be rezoned to RM-Multi-Family Residential. Hospital use and senior institutional living (Prospect Park Living Center) are allowed under RM zoning but not under E-Estate zoning. Staff finds that the submitted application complies with the standards for review of rezoning requests outlined in the Estes Valley Development Code (EVDC). The rezoning is necessary to address changes in the affected area; specifically, it is needed to meet the community's health care needs. The two parcels are adjacent to the existing hospital and remodel and expansion in the current location is more feasible than relocating the hospital to another site. The proposed rezoning is compatible with the Estes Valley Comprehensive Plan and with existing growth and development patterns. Estes Park is a retirement community, and it is important to maintain health care services for the aging population. Approval of the rezoning request would permit the expansion of the hospital parking onto the two parcels currently zoned E-Estate, as well as the addition of a new curb cut on one of the lots. The Public Works Department has expressed concern regarding the additional curb cut and the work to be done on Mocassin Circle Drive. Planning staff recommends approval of the rezoning request with three conditions of approval as noted below. Planner Chilcott amended condition #3 to recommend that approval be contingent on compliance with the Public Works memos dated July 30,2008 and August 28, 2008; she noted that the August 28 date on the second memo was a typographical error-the date should read August 19, 2008. The third application is for an amended Special Review/Development Plan to allow the 4,606-square-foot addition and the interior remodel, expansion and redesign of a portion of the parking lot, and detention improvements. Staff is supportive of this request and recommends its approval. If staff's recommended conditions of approval are met, the application will comply with EVDC standards. The application is also a location-and-extent review due to the fact that the hospital is a special taxing district; the hospital board can vote to overrule some conditions of approval imposed by the Town. The special review process provides a higher standard for review in terms of mitigating impacts of development on adjacent property. The Public Works Department has requested that some runoff from Mocassin Circle Drive be filtered prior to its release. The applicant has accommodated this request by planning to route stormwater through a proposed detention basin on the western side of the hospital, into a new culvert to be installed on Mocassin Circle Drive, and thence into the RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 August 19, 2008 existing detention pond on the east side of the hospital prior to its release. Comments received in the Public Works memo dated August 28,2008 address this issue. The applicant's plans show a total of 219 parking spaces as required by the EVDC; 209 of these spaces are proposed for construction in the first phase. The timing of installation of the remaining parking spaces is uncertain at this point; staff recommends requiring the applicant provide verification that sufficient parking will be constructed to accommodate expansion of the emergency department. The Estes Park Medical Center will provide a fifteen-foot-wide pedestrian access easement from Fir Avenue up Mocassin Circle Drive; this easement will be dedicated once sidewalk is constructed. The Medical Center's plans protect the most significant trees on the property. Some trees that appear to have been planted when the hospital was constructed will be removed. Staff recommends curbs to protect landscaping, grass, and the edge of asphalt, as well as protection of a large tree near the entrance to the hospital. Neighboring property owners have expressed concern about weed growth in the Prospect Avenue right-of-way, which was seeded but needs additional watering. Staff recommends a condition of approval be that weed control and revegetation be successfully completed in this area, as well as in the area currently being used as temporary construction parking. Planner Chilcott noted that approved special reviews become null and void if construction is not commenced within one year, while development plan vesting is for a period of three years. The applicant is requesting approval of a vesting period of six years due to the uncertainty of the timeframe for construction of the upper parking area. Planning staff is supportive of the special review request. Planner Chilcott amended recommended condition of approval #1 and added condition #29. Amended condition #1 specifically references recent comments received from the Estes Park Sanitation District and Public Works Department. Condition #29 requires the Estes Park Medical Center to submit documentation demonstrating that the proposed air-handling equipment will not violate the Estes Park Municipal Code noise ordinance; this documentation must be received prior to issuance of a building permit. Commissioner Hull questioned whether the applicant is in agreement with these revised conditions of approval. Mr. Chamberlain indicated the applicant is in agreement. He went on to state the upper parking lot will be installed as a gravel lot during phase 1 of construction and will be paved during phase 2. At that point, the number of parking spaces would exceed the number required by the EVDC. Greg Sievers/Public Works Department Construction and Facilities Manager stated for the record that the Public Works memo dated August 28,2008 should read August 19, 2008. Public Comment: Fred Wojcik/Adjoining Property Owner expressed concern about the increase in noise generated by rooftop equipment at the medical center. Measurements of noise from this equipment taken at his property range from 45 to 50 decibels. Idling ambulances and the generator for the MRI trailer add to the noise level. The proposed addition will be closer to his property than the existing building. He stated the hospital has not made an effort to identify which equipment has caused the noise to increase so greatly since the recent hospital addition/remodel was completed. He expressed concern that the issue would not be adequately addressed given the fast timeline for approval of the proposed emergency room addition and remodel and the hospital's limited budget. Discussion followed between Commissioners, Planner Chilcott, Mr. Wojcik, and Estes Park Medical Center Director of Buildings and Grounds Frank Bilek and is summarized as follows. The noise problem was brought to the attention of the hospital staff on Monday, August 11, 2008; the hospital has been responsive to Mr. Wojcik's concerns. Mr. Bilek suggested the new penthouse structure has created the problem and stated noise levels are within 60 decibels during the day and 50 decibels at night. Planner Chilcott noted that the maximum allowable noise level in both the E-Estate zoning district (Mr. Wojcik's property) and the RM-Mu/ti-Fam#y Residentia/ zoning district (EPMC) is 50 decibels at RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 August 19,2008 night; however, the allowable noise level is reduced by five decibels for pure tones. The Code Enforcement officer has stated his belief that the noise is a pure tone. During the day, traffic noise covers the noise from the rooftop; the problem is at night. Mr. Bilek expressed his hope that the problem equipment could be identified and repaired or replaced. It was moved and seconded (Amos/Tucker) to recommend approval of each of the following three requests to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed unanimously with one absent â€¢ Request to Rezone two Metes and Bounds parcels located in SE S25-T5N-R73W and shown on the Moccasin Saddle Addition Platas portions of Tract 9 and 11 and all of Tract 10 from E-Estate to RM-Mu/ti-Fami/y Residentia/. REZONING CONDITIONS: 1. Rezoning shall not become effective until the amended plat is approved and recorded by the Town. 2. Rezoning shall be contingent on compliance with special review application #06-01 B. 3. Rezoning shall be contingent on construction of road improvements required by Public Works, including the comments in the Estes Park Public Works Department memos dated July 30,2008 and August 19, 2008. â€¢ Request for an Amended Plat of All Hospital Addition and two Metes and Bounds parcels located in SE S25-T5N-R73W and shown on the Moccasin Saddle Addition Plat as portions of Tract 9 and 11 and all of Tract 10. AMENDED PLAT CONDITIONS: 1. If additional right-of-way is required, it shall be dedicated on this plat. 2. The plat shall show the fifteen-foot-wide private access easements described on the Moccasin Saddle Addition plat, unless this easement has been vacated. 3. The written legal descriptions on the plat shall be consistent with each other for all three lots (four parcels). 4. A written legal description shall be provided for the lot that is labeled Tract 9, Moccasin Saddle Addition. 5. The Certificate of Ownership and Dedication shall comply with the requirements in EVDC Appendix B, Attachment A. 6. The parcel identification numbers and subdivision names listed to the right of the Fir Avenue right-of-way are truncated. This shall be corrected. 7. The Town boundary shall be shown with the symbol included in the legend. 8. The lot size rounds to 10.501 acres based on 457,402 square feet. The same lot size shall be cited throughout the plat. 9. A lot number should be assigned to the new lot. 10.The vicinity map legibility shall be improved. 11. The sheet number should be provided in the lower right-hand corner of the plat. â€¢ Request for an Amended Development Plan/Location and Extent Review- Special Review 06-01 B, All Hospital Addition and two Metes and Bounds parcels located in SE S25-T5N-R73W and shown on the Moccasin Saddle Addition Plat as portions of Tract 9 and 11 and all of Tract 10. SPECIAL REVIEW CONDITIONS: 1. Compliance with the affected agency comments, including the comments from the Estes Park Sanitation District dated August 18, 2008 and the amended comments from the Estes Park Public Works Department dated August 28, 2008 but actually prepared on August 19, 2008. 2. Any required right-of-way dedication shall be reviewed to ensure that the proposed building expansion will continue to comply with the minimum required setbacks. 3. The existing and proposed use of the building labeled on Sheet 2 of 7 as "Existing Building to Remain" shall be clarified. 4. The applicant shall contact the Building Department to determine if a change of use permit is required for the building labeled "Existing Building to Remain." 5. Grading shall demonstrate how water from the upper (future) parking lot will reach the detention pond. RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 August 19,2008 6. Top- and bottom-of-wall elevations shall be provided for the retaining wall proposed on the southwest side of the upper (future) parking lot, with proposed contours tying into existing contours. 7. Clearer labeling of existing and proposed contours for the lower, fifteen-space parking lot and associated driveways shall be provided. 8. Consistent pond design shall be provided throughout the application, i.e., the pond design shown in the June 24,2008 Preliminary Drainage Report on Sheet 3 of 7 and on Sheet 4 of 7 shall be consistent with each other. 9. Additional curb shall be provided to protect vegetation. 10. Grading shall be revised to avoid cut on top of two trees at the uppermost entrance to the hospital. 11. Landscape calculations found on Sheet 1 of 7, which summarize existing and proposed landscaping, shall be expanded to include all required landscaping, such as parking lot and impervious coverage landscaping. 12. Weed control and revegetation shall be successfully completed in the Prospect Avenue right-of-way. 13. Weed control shall be successfully completed in the area approved for temporary construction parking that is also being used for employee parking. 14.The boundaries of the temporary parking area shall be clearly defined to minimize disturbance to the land. 15. The parking lot lighting plan shall be clearly presented for review and approval. The street light symbol(s) shall be included in the legend. 16.The plan shall demonstrate compliance with the minimum required parking or additional information shall be submitted describing why these spaces are not needed. 17. Parking calculations shall accurately reflect the square footage of the proposed addition. 18. Parking calculations shown on Sheet 1 of 7 shall accurately reflect the number of parking spaces shown on Sheet 2 of 7. 19.The parking counts on Sheet 2 of 7 shall be legible. 20. The parking calculations on Sheet 1 of 7 shall clarify how many parking spaces are provided with the first and second phase of parking lot construction. 21. The number of accessible parking spaces shall be revised. One of the spaces is not truly accessible and shall not be counted as such. 22. Parking calculations shall be updated to account for the parking spaces required for the three duplexes and the building labeled on Sheet 2 of 7 as "Existing Building to Remain." 23. A landscaped island shall be provided in the upper (future) parking lot. 24. Parking calculation column titles shall be readable on Sheet 1 of 7, i.e., the words "Regular," "Handicapped," and "Total" shall be readable. 25.The traffic impact analysis shall be updated to reflect development completed with Special Review 06-01 and development proposed with Special Review 06- 01 B. 26. The public sidewalk shall be placed in a public access easement once it is constructed. 27.There aretwo Sheet 3 of 7s. This shall be corrected. 28. A check for the application fee shall be submitted once a partial fee waiver request is reviewed by the Community Development Committee and Town Board. 29. Prior to building permit issuance, the Estes Park Medical Center shall submit documentation demonstrating that the proposed HVAC equipment will not violate the Estes Park Municipal Code noise ordinance. RECORD OF PROCEEDINGS Estes Valley Planning Commission 8 August 19,2008 5. PRELIMINARY SUBDIVISION PLAT, SOLOMON SUBDIVISION, Outlots A & B, Prospect Highlands Subdivision, TBD Curry Drive, Central Administrators, Inc./Owner, Van Horn Engineering/Applicant Staff Presentation: Planner Shirk summarized the staff report. This is a request to re-subdivide two existing outlots, Outlots A and B of Prospect Highlands Subdivision, into four single-family residential lots. The total acreage is approximately 6.25 acres. The outlots are in a steeply sloped area and are zoned E-Estate, a 14-acre-minimum-lot-size zoning district. The proposed lot sizes must be adjusted for slope, which the applicant has done. The proposal does not meet Estes Valley Development Code (EVDC) limits of disturbance criteria, geologic hazard mitigation requirements, cul-de-sac standards (number of units, length, and turn-around design), and curb/gutter/sidewalk requirements. The applicant has requested modifications and/or waivers to the EVDC standards listed below: â€¢ Appendix D.Il.E.1 - Maximum cul-de-sac length â€¢ Appendix D.11.E.2 - Maximum number of vehicle trips per day on a cul-de-sac â€¢ Appendix D.IX.D - Street connection details (cul-de-sac bulb) â€¢ Appendix D.11.1 - Concrete curb and gutter â€¢ Section 10.5.D - Sidewalks â€¢ Section 7.2.D.2.b - Limits of disturbance criteria In 1996, the property owner submitted a proposal to subdivide 66 acres into 21 single- family lots and one outlot. The application did not meet the subdivision standards in place at that time, including a maximum of twelve units on a cul-de-sac and a maximum cul-de- sac length of 1,000 feet. The applicant submitted revised plans that maximized the development potential of the property at that time. The same standards limiting cul-de-sac length are in place today. Although the EVDC does not specify the maximum number of units allowed on a cul-de-sac, it addresses this issue by providing for a maximum number of allowable vehicle trips per day, which provides the same result. When the original subdivision plat was recorded, the outlots included the note, "Reserved for Future Development." However, because the existing plat maximized allowed density, planning staff suggests the note does not imply approval for additional density. The applicant proposes a secondary connection to Curry Drive, which would change the street from a cul-de-sac to a street with a second point of access. This proposed connection would be through the Koral Heights residential neighborhood approximately two miles away, with three locked gates in between. Staff suggests this connection would ' not benefit the proposed subdivision (although it would provide a secondary access point to the top of Prospect Mountain) and would not satisfy the requirements of the EVDC in terms of limitation of cul-de-sac length, the maximum number of units allowed on a cul-de- sac, or connectivity. These requirements are based on fire protection, as well as the number of trips generated on a single access point. The proposed lots meet the adjusted minimum lot size based on slope; each lot would be approximately one acre in size. The proposal does not meet any of the following limits of disturbance criteria set forth in EVDC Section 7.2.D: â€¢ Avoidance of visual impacts, including but not limited to ridgeline protection areas, steep slopes and scenic views. â€¢ Avoidance of steep slopes in excess of thirty percent and othe*r erosion prevention and control measures. â€¢ Preservation of forests, significant native trees, rock outcroppings or formations, and other significant native site vegetation. â€¢ Mitigation of geologic hazards, including potential adverse impacts on downslope and adjacent properties. â€¢ The practical needs of approved construction activity in terms of ingress and egress to the developed project and necessary staging and operational areas. RECORD OF PROCEEDINGS Estes Valley Planning Commission 9 August 19,2008 The proposed building envelopes on the upper two lots are in an area of 35% slope; the Code states lots should not be platted in such areas. Planner Shirk noted that the area of disturbance on the lot would be greater than the proposed building envelopes due to excavation, installation of utility lines, backfill, and so forth. The submitted plans do not account for the true limits of disturbance proposed on the property. The proposed subdivision lies within geologic and wildfire hazard areas. The geologic hazard mitigation plan submitted by the applicant does not satisfy all the submittal requirements set forth in the EVDC. Staff agreed to forward the mitigation plan to the Colorado Geologic Survey (CGS) for review and comment and agreed to accept the plan if the CGS found it acceptable. However, CGS indicated that additional study is necessary. The Planning Commission should consider this fact in their review of the proposal. The stormwater management plan submitted by the applicant has not been approved by the Town Engineer. The applicant proposes that each lot have its own detention pond; the Town Engineer has indicated that one detention pond should be provided on the lower portion of the property to serve all four lots. The Colorado Geologic Survey also commented that any detention ponds should be aligned, thus creating a retention pond, so that stormwater would not filter into the groundwater. Additionally, the Public Works Department has received notification from downhill neighbors that stormwater runoff from the south side of Prospect Mountain has resulted in flooding. This issue may warrant further investigation, including subsurface investigation of groundwater flows. There are several road design standards with which the proposal fails to comply, and the applicant is requesting waivers or modifications to these standards. The maximum allowed length of a cul-de-sac is 1,000 feet (the same standard was in place when the original subdivision was platted in 1996); the applicant proposes a cul-de-sac 2,000 feet iong. The maximum allowed number of vehicle trips per day on a cul-de-sac is 120 (ten trips/day per single-family residence); the applicant's proposal would result in 160 trips per day (a total of 16 units would access the cul-de-sac). The applicant proposes to construct a hammerhead turnaround rather than the required cul-de-sac bulb; the hammerhead would require a three-point turn for fire trucks and snow plows and would need to be signed "no parking" and "no snow storage." A cul-de-sac bulb was required for the original subdivision. The applicant requests waiver to the requirement to provide concrete curb and gutter and sidewalk; staff would support the request to waive the sidewalk requirement. The applicant proposes to widen the road from the current sixteen-foot width to the required 20 feet and provide two-foot shoulders on each side. The road would be widened a total of eight feet, which would require additional cut and fill. It would also require a wider drainage ditch on the uphill side of the road, which would add an additional five to ten feet of width, resulting in an extra fifteen to 20 feet of additional width along the road. A six- to eight-foot cut currently exists on the uphill side of the road. Staff suggests the application does not truly demonstrate the resulting level of additional disturbance on the mountainside. Grading and limits of disturbance standards should be considered when reviewing this application for development on a very steep slope. Planner Shirk read for the record the following statement provided by Public Works Director Scott Zurn. "The Public Works Department found that the proposed improvements generally do not meet adopted standards regarding streets and drainage. Therefore, the Public Works Department does not support approval of this project at this time. If the applicant chooses to resubmit an application in conformance with Town of Estes Park standards, the Public Works Department reserves the right to make additional comments and revise comments as more detail is provided." Fire Chief Dorman has noted no concerns with the addition of four lots at the end of the cul-de-sac, provided a pull-out is built and the road meets width requirements. The submitted plans do not include this pull-out. Correspondence from three neighboring property owners and the Prospect Mountain Townhome Association had been received at the time the staff report was written; RECORD OF PROCEEDINGS Estes Valley Planning Commission 10 August 19,2008 additional comments have been received since that time and were included in the Planning Commission meeting packets. Most of the waivers requested by the applicant are waivers to Appendix D of the EVDC, which includes provisions for modifications and waivers and grants that authority to the Public Works Department. The Public Works Director did not grant the requested waivers; thus, the applicant may request the Planning Commission to grant them. The EVDC requires that the Planning Commission find that the requested modifications or waivers will result in superior engineering and relieve practical difficulty in developing the site. Planner Shirk stated the requested waivers may relieve practical difficulty in developing this site but will not result in superior engineering. Director Joseph added that another standard set forth in the EVDC is that requested modifications/waivers will lessen site impact and stated that, in this case, they will not. Per EVDC standards, development on any lot with a slope greater than 30% requires the landowner to consult with an engineer, prepare a development plan, pay the requisite application fee, and go through the staff-level development plan review process, including consultation with the Public Works Department, submittal of a geologic survey and drainage plan, and submittal of any other documentation required by staff or the Code. Planner Shirk read for the record the staff findings as set forth in the staff report. Based on these findings, staff recommends disapproval of the Solomon Subdivision request. Chair Eisenlauer called a recess at 3:35 p.m.; the meeting reconvened at 3:45 p.m. Applicant Presentation: Lonnie Sheldon/Van Horn Engineering provided a lengthy presentation on behalf of the applicant. He provided the Commissioners copies of information on the importance of providing a secondary access to the top of Prospect Mountain. He expressed his belief that the proposed subdivision is a good fit for the area and disappointment in the Public Works Department's response to the proposal, stating the applicant knew the proposal did not meet the EVDC standards but is proposing an alternative to those standards. He read for the record a letter from property owner/applicant Jerry Solomon, which states that proposed building envelopes will keep construction in a compact region out of rockfall hazard areas, and the applicant will pay for utilities and associated upgrades, including construction of the proposed secondary access road, which would provide benefit to all involved. He also read a letter from adjoining property owner John Heron expressing support for the arrangement to trade easements and complete road work on property owned by the Heron family.and the Bureau of Reclamation, which would improve access to communication facilities at the top of Prospect Mountain. Mr. Sheldon went on to emphasize the importance of the proposed secondary emergency access, which is intended to offset the impact of three requested waivers-maximum cul- de-sac length, vehicle trips per day, and connectivity standards. Emergency providers may have a key to the locked gates, push-button security combinations may be provided, or emergency personnel can use bolt cutters to get through the gates. The proposed road would be a 12-foot-wide all-weather surface and would not be built to current road standards due to the blasting and fill that would be required to do so. Mr. Sheldon contended the secondary emergency access road would negate the cul-de-sac length limits set forth in the EVDC. The original plat of Prospect Highlands Subdivisions shows a possible kix additional lots where four are proposed. The applicant will meet road construction standards for sub- local residential streets even though the requirement to do so is not triggered unless 20 or more lots are served (a total of 16 lots would be served). The required cul-de-sac bulb is not feasible due to the slopeof the site; Fire Chief Dorman has approved the proposed hammerhead turnaround, conditioned on the area being signed to prohibit parking and snow storage. Responsibility for enforcement would fall to the homeowners' association. Mr. Sheldon stated the applicant's request for waiver to concrete curb and gutter standards is justified because the proposed subdivision is low density and low drainage. The applicant proposes to widen the road from its current 12-foot width to 22 feet; the current road has asphalt curb and gutter. In widening the road, all drainage will be RECORD OF PROCEEDINGS Estes Valley Planning Commission 11 August 19,2008 directed toward the mountainside; the drainage ditch will double as a geohazard rockfall catch feature. Mr. Sheldon stated individual stormwater detention ponds are proposed on each lot. The ponds would be sized to release drainage at the natural flow rate, would capture peak flow from the homes and driveways, and would not increase downstream drainage. Mr. Sheldon stated that a single detention pond, as requested by the Public Works Director, would require the applicant to cut ditches across the mountain to channel water to the pond. He expressed concern that he had not received direct feedback from the Director. Impervious coverage of the proposed subdivision would be approximately 8.1 percent. The applicant does not feel sidewalks are necessary or needed. The upper two lots are proposed in areas of 35% and 36% cross-slope. Mr. Sheldon stated the EVDC does not prohibit development on slopes this steep but does provide standards that must be met. The applicant proposes small building envelopes, the development is not on a ridgeline, fill and retaining walls will be minimized, foundation walls will be stepped to follow the natural terrain, and no more than ten feet of cut will be made. Mr. Sheldon showed several drawings illustrating how homes could be situated on the proposed lots. Director Joseph noted that future homeowners will not want a driveway apron steeper than 8%; most prefer 3%. This will compound the difficulty of locating future residences on this slope. Mr. Sheldon agreed it would be difficult to do so and stated there will be site- specific plans for each residence with opportunity for further review, noting that problems will be the problems of the person who purchases the lot and can be worked out. Director Joseph went on to state that the level of site disturbance that would result can easily be seen by looking at existing residences in this subdivision and suggested Mr. Sheldon was painting a rosier picture than the final project would yield. He stated the necessary amount of cut and fill, retaining walls, and the overall site impact would be greater than what Mr. Sheldon described. In response to questions from Commissioners, Mr. Sheldon provided the following information. Additional cut will be made on the mountainside to provide the required 24- foot width for Curry Drive. Proposed limits of disturbance on the lots are small, are on the less-steep portions of the lots, and would result in the future homes on proposed Lots 1 and 2 being located directly below large, stable rock outcroppings to protect them from rockfall hazard. Ongoing geohazard maintenance will be the responsibility of the homeowners' association, as is currently the case for the existing Prospect Highlands Subdivision HOA. All rocks are the site are lichen-covered, indicating that rockfall is infrequent. An existing sewer main is located southeast of the property; the applicant proposes a sewer-line connection that would run directly down the slope along the proposed lot line between Lots 3 and 4 to this existing main. Electric lines would also be placed in this location. Staff has suggested the utility lines be placed in the road but this would greatly increase the length of the lines and cost of installation. Planner Shirk clarified that placement of utilities in the road is a requirement of the EVDC. Mr. Sheldon went on to state the lots will connect to town water and will not be part of the Prospect Mountain water system. The applicant proposes a natural gas connection from Prospect Highlands Subdivision; if propane is used, the tanks would be buried. The proposed lots meet density, lot size, and setback requirements and residences could be designed to meet the height limit and limits of disturbance standards. The applicant proposes the new lots join the existing Prospect Highlands homeowners' association and participate in the annual geohazard rockfall mitigation efforts undertaken by the HOA. Mr. Sheldon stated the proposed subdivision fits the character of the existing neighborhood, would be less dense, and would provide a secondary access that would be beneficial to many entities. Mr. Sheldon stated the applicant's willingness to continue this request to the September 16, 2008 Planning Commission meeting and to work with the Public Works Department to get feedback on the proposal. Public Comment: Rick Warren/Neighboring Property Owner expressed concern about potential rockfall and drainage -problems that may result from the proposed subdivision. He stated that a neighbor's residence has flooded twice from an underground spring and expressed RECORD OF PROCEEDINGS s Estes Valley Planning Commission 12 August 19,2008 concern that surface drainage may increase, groundwater flows may be altered, or the entire hydrologic system for the mountain may change as a result of development as proposed. He stated the proposed subdivision is in a scenic area in the middle of the mountain with large rocks and boulders; this area should not be disturbed. He stated a variety of wildlife use the area proposed for development, including deer, elk, coyotes, and bobdats; this should not be a minor consideration. In response to questions from Commissioner Amos, he stated rockfall has not occurred on his property but has on a neighboring property during periods of rainy weather. He stated groundwater is the biggest concern. Kim Comstock/Adjoining Property Owner stated his lot is located directly below the proposed development and expressed concern about surface and underground water flows from the mountain, particularly during torrential storms. He stated his belief that it is absurd to say there will be no changes given the proposed changes to the road and the increased number of houses; he requested hard data that no changes would occur. He stated the proposed development might change the path of an underground spring and cause flooding where there has been no prior flooding. He stated any change to groundwater flows could flood his home and noted that homeowners insurance and flood insurance does not cover this type of event. Tom Kuepers/Neighboring Property Owner stated he lives below the proposed subdivision. He requested the opportunity to address the Commissioners prior to the applicant if the proposal is continued to the next meeting. He stated the proposed secondary access road would not result in a connecting road; Curry Drive mill remain a cul-de-sac. Commissioner Hull stated her desire to hear additional public comment, noting the applicant's presentation had gone on for 65 minutes. Commissioner Amos suggested continuance of this item to the next meeting. He specifically stated his desire to hear the objections staff may have to the accommodations the applicant has suggested in order to address staff's concerns regarding the ways the proposal does not meet EVDC standards. Mr. Sheldon indicated his agreement to a continuance. Commissioner Kitchen assured those in attendance that there would be an opportunity to speak at the next Planning Commission meeting. Commissioner Amos moved to continue this item to the September 16, 2008 Planning Commission meeting. The motion was seconded by Commissioner Hull, who amended the motion to clarify that the applicant's presentation has been completed; public comment and a short rebuttal by the applicant will be heard at the September meeting. It was moved and seconded (Amos/Hull) to CONTINUE the Preliminary Subdivision Plat, Solomon Subdivision, Outlots A & B, Prospect Highlands Subdivision, to the September 16, 2008 Estes Valley Planning Commission meeting, with the understanding that the applicant's presentation has been completed and public comment and a short rebuttal by the applicant will be heard at this meeting, and the motion passed unanimously with one absent. 6. REPORTS: None. Chair Eisenlauer adjourned the meeting at 5:01 p.m. Ike Eisenlauer, Chair Julie Roederer, Recording Secretary RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, August 20,2008 Minutes of a Regular meeting of the ESTES PARK URBAN RENEWAL AUTHORITY 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 August, 2008. Commissioners: Chairman Newsom, Commissioners Cope, Halburnt, Little, Steige, Swank and Wilcocks Attending: Chairman Newsom, Commissioners Cope, Halburnt, Steige, Swank and Wilcocks Also Attending: EPURA Dir. Smith, Mayor Pinkham and Deputy Town Clerk Deats Absent Commissioner Little Chairman Newsom called the meeting to order at 8:02 a.m. COMMUNITY COMMENTS. None COMMISSIONER COMMENTS None MINUTES. The minutes of the regular meeting held July 16, 2008 were approved. EXECUTIVE DIRECTOR'S REPORT. 1. Water Issues - The drainage problems being experienced by the owners of Lonigan's and Plum Creek Shoe Store have been resolved by utilizing sanitation district equipment to scope the line. The drainage pipe has been cleared of debris discovered in the pipe which was unrelated to construction work at Wiest Plaza. 2. CVB Siqnaqe - Roger Thorp is preparing to present a concept for the CVB signage to the Commissioners. 3. North River Wall - Heath Construction is ready to proceed with repairing the planters in the area. In addition the railing along Moraine Avenue will be replaced to match the railing over the CDOT culvert. Approvals have been received and work will get underway in the near future. 4. Lawsuit related to the abolishment of EPURA - There is nothing new to report on the pending lawsuit filed by Bill Van Horn. Commissioner Cope questioned whether the Town had any interest in pursuing the installation of a traffic light at the intersection of Steamer Drive and Big Thompson Avenue. Commissioner Halburnt stated that, at this time, it is not on the Town's project list. Commissioner Cope asked if the Rotary Club is pursuing the possibility of installing benches at the gazebo at Wiest Plaza and whether the IGA with Larimer County related to the extension of EPURA was complete. Dir. Smith stated that the Rotary Committee meetings had been suspended for the summer and that he would bring up the topic at the September meeting. The IGA with Larimer County will be addressed at a meeting RECORD OF PROCEEDINGS Estes Park Urban Renewal Authority - August 20,2008 - Page 2 with County Manager Lancaster. RESOLUTION NO. 389 - 2008 BUDGET AMENDMENT. , Dir. Smith read Resolution No. 389 amending the fiscal year 2008 budget into the record. Revisions were made subsequent to the development of the 2007 Comprehensive Annual Financial Report (CAFR) to show transfers between EPURA funds (General, Capital, and Debt) and reflect projected positive fund balances at end of year 2008. It was moved and seconded (Swank/Wilcocks) to adopt Resolution No. 389 amending the fiscal year 2008 budget, and it passed unanimously. Commissioners Cope and Halburnt spoke to remaining EPURA funds, projected tax increment financing (TIF) available in 2009, and the need to develop a plan to determine if EPURA has sufficient funds to operate or needs to approach the Town Board for a loan. EPURA BOARD AND TOWN BOARD ROLES AND RESPONSIBILITIES. Mayor Pinkham outlined the relationship of the Town Board and the EPURA Board. He stated that the Town Board is responsible for establishing a vision for Estes Park and EPURA's role is to focus on project opportunities consistent with Town-wide goals. Discussion ensued on the following topics: add funding to the list of EPURA's responsibilities; provides good framework to follow; small committee should not make decisions the entire board may not agree with; develop proposal for remainder of 2008 and present to Town Board; identify projects that will increase TIF; EPURA projects should encourage private investinent; and if a project results in the need for a traffic light or parking lot repaving it should be considered as a cost of project as a whole. EPURA BOARD VACANCIES. Two EPURA commissioners: appointments will expire in September 2008. Commissioner Steige, who has served almost eight years on the Board, and Vice Chairman Swank, who has served 16 years on the Board, have both decided not to seek re-appointment. In June, interviews were conducted to fill the Board vacancy created when John Ericson was elected to the Town Board. Chairman Newsom was subsequently appointed to the board. Selections were made from the remaining seven interviewees to fill the two upcoming vacancies. Sharry White and Jim Martinsen will begin their appointments at the end of the September 17th EPURA meeting. Both are members of the League of Women Voters and bring broad backgrounds of civic involvement to the Board. Mayor Pinkham and Chairman Newsom thanked Vice Chairman Swank and Commissioner Steige for their work and commitment to EPURA. FACADE IMPROVEMENT PROGRAM PRESENTATIONS. At the invitation of the EPURA Commissioners, the Town Board was invited to the meeting td hear the fa,ade improvement program presentations. In attendance were Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Eisenlauer, Ericson, and Homeier. Matt Robenalt, Fort Collins Downtown Development Authority (DDA), outlined the fagade improvement program currently available to property owners within the DDA boundaries. The program is available for non-historic or historic buildings and in-fill projects. He provided "before and after" photos of completed projects and reviewed the tyljes of materials and projects that are suitable for funding through the faGade improvement program. As a rule of thumb, a maximum of 10% of the improvements are eligible to be reimbursed to the property owner upon completion of the project. RECORD OF PROCEEDINGS Estes Park Urban Renewal Authority - August 20,2008 - Page 3 Jac Cuney of the Brighton Urban Renewal Authority (BURA) stated that the fagade program offered in Brighton is 13 months old and applies to the face of a building visible from the public right of way. Eligible properties must lie within the core two block area of historic downtown Brighton and up to 90% of the project cost up to a maximum of $15,000 can be granted to the property owner for improvements. He presented "before and after" photos as an example of projects that support the primary goals of the program which include preserving and enhancing buildings in downtown Brighton, retaining and assisting local businesses, and creating a sense of civic pride. Chairman Newsom thanked Mr. Robenalt and Mr. Cuney for their informative presentations on behalf of the Commissioners and the Town Trustees. Whereupon, Chairman Newsom adjourned the regular meeting at 10:24 a.m. Cynthia Deats, Deputy Town Clerk Town Clerk's Office Memo To: Honorable Mayor Pinkham Board of Trustees From: Jackie Williamson Date: September 18, 2008 Subject: Larimer County Telephone Authority Appointment Background The Town Board approved the appointment of former Mayor John Baudek to the Larimer County Telephone Authority (LETA) for a two-year term expiring December 31, 2008. Mr. Baudek has expressed an interest to continue his service to the community by serving on the LETA Board. Mayor Pinkham has recommended this appointment to the Town Board for their consideration Budget: N/A Action: Nomination of Mr. John Baudek to the LETA Board for a two-year term expiring December 31, 2010. 1 Frey McCargar P:floc 1CL~Q- ATTORNEYS AT LAW bQ (72 g, r 1. 11 : 4 1 1- I re John P. Frey f 4 1-6 bol' 113-~~Â·*Jl Ian D. McCargar ~ni ...r It14 E.Mock l//// AUG 2 5 902 0 - li /1 /,a L., EU u O : 81 /# August 26,2008 --=-=====1 Ms. Jackie Williamson Town Clerk Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Jackie: On December 31,2008, the term on the Larimer Emergency Telephone Authority (LETA) Board held by John Baudek, will expire. Mayor Baudek is willing to continue to serve on the LETA Board for a second two-year term commencing January 1, 2009, assuming approval by a majority of the small towns (towns of Berthoud, Estes Park, Johnstown, Timnath, Wellington, and Windsor) and subsequent approval ofthe Board of Commissioners for Larimer County. The attached self-explanatory Notice to Board of Commissioners for Larimer County will act as a ballot. Please complete it in accordance with the wishes of your Town Board or Board of Trustees and return it to us for submission to the County Commissioners. Please make every effort to have the notice back in our hands no later than October 15,2008. Thank you for your attention to this matter. Please let us know ifwe can answer any questions. Very tru~your~ ~9>E~ AccoiLAR & FLOCK, LLC Ahanp. tre'l A ~ Attorney for L~mer Emergency Telephone Authority JPP /sf pc: Kimberly Culp, LETA Executive Director John Baudek, Mayor of Estes Park, Colorado The Historic Harmony Mill â€¢ 131 Lincoln Avenue Suite A â€¢ Fort Collins, CO 80524 tel 970-482-0212 â€¢ freymccargar.com â€¢ fax 970-482-0236 NOTICE TO BOARD OF COMMISSIONERS FOR LARIMER COUNTY The Town of Estes Park, a signatory on the Intergovernmental Agreement concerning the implementation of an "E911" emergency telephone service acknowledges that pursuant to that Intergovernmental Agreement a representative must be appointed by the Board of Commissioners for Larimer County to fill a two-year term on the Larimer Emergency Telephone Authority Board. The appointee will represent the towns of Berthoud, Estes Park, Johnstown, Timnath, Wellington and Windsor. The Town of Estes Park nominates John Baudek Mayor of Estes Park to serve a two-year term to expire December 31, 2010. O Town of Estes Park nominates for this two- year term and requests his/her appointment by the Board of Commissioners for Larimer County. Date TOWN OF ESTES PARK By ATTEST: MEMORANDUM To: Public Safety Committee and Town Board Frorn: Fire Chief Scott Dorman Date: September 18,2008 Subject: Fireworks permit for the Park R3 School District 125th Anniversary Celebration and Homecoming Event Background: The Park R3 School District has requested a permit to perform a fireworks display during the Homecoming Show at the football game on September 26,2008. The Show will consist of gerbs (sparklers) and a concussion display during the performance. The applicant has hired a licensed pyro technician, Sharon Dermody for the display. All of the fireworks are class C and are supplied by Tri State Fireworks, Inc. of Denver, CO. Budget: There is no budget or cost required by the Town of Estes Park. Recommendation: Staff recommends approval ofthis permit request with the following conditions: â€¢ Contingent on fire restrictions â€¢ The Fire Chief or his designee may cancel the permit at anytime if conditions are deemed unsafe. â€¢ A safety perimeter around the display per NFPA standards be maintained â€¢ A type "A" or "ABC" fire extinguisher is on hand at the site. â€¢ A list of the exact type and size of all of the fireworks is to be submitted to the fire department for approval prior to the event. â€¢ The Town of Estes Park will need to be named as additional insured on the applicant's liability insurance September 2008 . 1:4*.I ./ Rocky Mountain National Park Arapaho & Roosevelt National Forests Highway 7 Recreation Improvements Plan Newsletter Dear Visitors, Neighbors and Associates, The National Park Service (NPS) and the Arapaho & Roosevelt National Forests (ARNF) are working together to develop a Recreation Improvements Plan for the Highway 7 corridor, which runs along the east side of Rocky Mountain National Park in Colorado. The agencies are proposing recreation improvements at Lily Lake and the Longs Peak Trailhead within the national park, and at the Meeker Park Campground within the national forest. The NPS and the ARNF have been working on this plan for almost 3 years. The purpose of this newsletter is to provide an update on the plan, a timetable for completion of the plan, and ways for interested individuals and organizations to provide input. Objectives and Issues to be Addressed The following objectives have been identified for this plan: Provide a safe and high quality recreation experience at all three project locations listed above At a minimum, accommodate the current number of national park and national forest visitors at all three project locations Manage the parking issues at Longs Peak Trailhead and the Lily Lake Area Minimize use conflicts at Longs Peak and Meeker Park Campgrounds Create a manageable trail system near the Meeker Park Campground and the Lily Lake Area Bring recreation facilities to current national standards at the Meeker Park Campground Here are some of the things we've heard from the public so far: Air Quality: How would air quality be affected by this proposed project? Endangered, Threatened and Rare Species: Are there endangered, threatened or rare species or critical habitat present in the area? What effect would the proposed recreation improvements have on these species? Nearby Landowners: All of the federal lands that are part of this project are adjoined by private property. What effect would this project have on adjacent and nearby landowners? Topics of interest include public safety, visual quality, noise and light, water quality, traffic congestion, pollution and waste disposal, trespass, vandalism, and the spread of the mountain pine beetle. Public Safety: Public safety is important for national park and national forest visitors, for motorists on Highway 7, and for area landowners. Would this project include measures to improve public safety, or would it create more problems? Socio-economics: Would the proposed development place an added burden on local emergency services? Topography, Geology, and Soils: How would excavation and grading during the construction of the proposed improvements alter topography or impact geologic and soil resources? Vegetation: How would vegetation be impacted as a result of project implementation? Visitor Use and Experience: How would visitor use change and what effects will the proposed changes have on visitor experience? Visual Quality: There are many locations within the Tahosa Valley that have high visual quality. Will this ' project degrade visual resources? Water Quality and Aquatic Habitat: How would construction activities affect water quality? Will runoff from proposed parking areas have an impact on water quality? If the Meeker Park Campground is expanded, how will surface water and groundwater be affected? Wetlands: There are wetlands in the vicinity of Lily Lake. How would these wetlands be affected by this project? Â· Wilderness: Visitors to the Lily Lake and Longs Peak trailheads and the Meeker Park Campground have ready access to designated wilderness in the national forest and recommended wilderness in the national park. How would this project impact wilderness values? Wildlife: How would elk, mule deer, bighorn sheep, birds and other wildlife be impacted by the proposed development? Proposed Action The project objectives and the issues that have been identified by the public were used to develop a Proposed Action. On the following pages, conceptual plans and brief text will provide an overview of our current direction. More detailed information will be provided in the plan and accompanying Environmental Assessment (EA). The EA will also provide a detailed evaluation of the issues listed above. Opportunities for Public Review and Comment We anticipate that the Highway 7 Recreation Improvements Plan and Environmental Assessment will be available for public review and comment before the end of this year. Notification that the plan is available for public review and comment will be widely distributed, and the document will be available in several forms, including printed copy, compact disk, and posting on the internet. Likewise, written comments can be submitted to the agencies in many different forms which will be described in the plan and in news releases. If you received notification about this newsletter by mail, you will be notified by mail when the plan is available for public review. If you did not receive notification about this newsletter by mail and you would like to be notified when the plan is available, please contact one of the agencies (see below) and provide your name and mailing address. Please indicate in your message that you are interested in receiving information about the Highway 7 Recreation Improvements Plan. We anticipate that the review and comment period will be 60 days. During the public review and comment period the agencies will host at least one public meeting in the immediate area where participants will be provided with an overview of the project and will have an opportunity to ask questions. The agencies will also host a call-in program on another date for those who are unable to attend the public meeting. Agency staff will be available during the call-in program to answer questions. Following the public comment period, the agencies will evaluate the public comments and will determine where changes are needed in the plan to address public concerns. Each agency will prepare its own decision document. A decision on this project is not expected until sometime in 2009. Contact Information Superintendent Boulder District Ranger Rocky Mountain National Park Arapaho & Roosevelt National Forests Estes Park, CO 80517 2140 Yarmouth Ave. email: ROMO_Superintendent@nps.gov Boulder, CO 80301 (970) 586-1200 email: mlmartin@fs.fed.us (303) 541-2500 Lily Lake \? 1\ -A ~M ' h ... If./ J leti. 0/$1>ki.93*PP T/--6-WQI./.1 Â»j -3- JV.FAMIA --6./. '....W le/0 . \ ------Yl- -* Sect- A A --'-*- - Barker 1.11.Â¥ 1. A K E ED) Rinker Conceptual Plan -7 S eacat A RCHITECTURE Rock> Mountain National Park . . ... 4.-- v Key Concepts The Lily Lake Visitor Center and parking lot would be removed if another entity is not interested in leasing the building for a use that is compatible with the park The Twin Sisters Trailhead remains in its current location, but with a more formal trailhead parking lot. This parking lot would be closed during the winter months. A new Twin Sisters parking lot for horse trailers and for winter use would be developed east of the current visitor center site Â· Equestrian access to Twin Sisters would follow the Tahosa Valley Trail on the east side of Highway 7, and then would follow an abandoned subdivision road All unused roadways within the former Baldpate Subdivision would be reclaimed and replanted with native vegetation The parking lot on the west side of Highway 7 would remain. It would primarily be used for winter parking, short term parking, parking for the disabled, and as a drop-off for hand-carried fishing boats. A new trailhead parking lot for the Lily Mountain, Lily Lake, Storm Pass and Aspen Brook trails would be developed in the old borrow pit located south of Lily Lake. The parking lot would accommodate about 90 vehicles and would provide space for 3 vehicles with horse trailers. This parking lot would be closed during the winter months. A new trail connection would be provided from Lily Lake to the U.S. Forest Service Lily Mountain Trail. This trail within Rocky Mountain National Park would not be open to hikers with dogs. Hikers with dogs could continue to park at the current Lily Mountain Trailhead on Highway 7. All previously disturbed areas not used for improvements will be reclaimed and replanted with native vegetation Longs Peak Trailhead - /1 1 -6 406,-*c. / ...7.-r),K ... *ha T-* R.t..0 \~i- Tn,1 t.* 11 -- - ' u-2'1 "1 0 43 03 401-R..... 1,0 -4*I.~Â· 1. Zr-~~ 1Â£* - - -.Vâ‚¬.1 0 1,â€¢rÂ£'*,-6. t>tz~.4- -~9. -,7 ki- ' 'klar. /,ill#Whold//91/4/ / - --1 1 .3 1- y- _1 4-jtv-r- TU/ 4,041â€¢ 1-41 1- r'ek .,1 .1>\H' b LM- - / / it-/W 'In ii 'aa~-/ - I.â€¢â€¢ 11,6-ral 6. 11.u. 1 Â·I 9 [15111 LONGS PEAK THAI[.11EADIVPROVEMENTS 1-â€ž, Conceptual Plan Rocky Mountain National Park Kev Concepts The Longs Peak Campground would be removed. An equal number of campsites (26) would be developed at the U.S. Forest Service Meeker Park Campground so there would be no net loss of campsites. A 250-space parking lot - which equals current parking demand - would be developed within the footprint of the Longs Peak Campground In partnership with Larimer County, closely spaced highway delineators or another form of physical barrier would be installed to prevent parking along the shoulders of the county road leading to the trailhead A two-way access road would be developed around the perimeter of the proposed parking lot. This access road would also provide access to the adjacent Camp Timberline, which has an access easement through the park A new trailhead with a ranger station, vault toilets and information kiosk would be developed on the west end of the proposed parking lot. A new trail would connect the trailhead to the Longs Peak Trail. The plan provides for the future development of an entrance station where a park fee could be collected, or visitors could be directed elsewhere when the parking lot is full A significant portion of the current Longs Peak Trailhead parking lot will be removed and the area restored to natural conditions The remaining parking spaces at the current Longs Peak Trailhead and all of the existing buildings will be retained for administrative purposes The current sewage treatment system will be removed as it will no longer be needed. The sewage treatment lagoon will be adaptively reused for storm water detention. Meeker Park Campground and Picnic Area 8 1,â€¢â€¢Ii;,~,i,(*,rS'.01,6- - <24 N.M.h IN+Ii. ~..~~ 6, 4 tt~10 6 Kil~ WN. 1.,1/1/4,14 gix.,Sk . I J 2. I.w,hl, %5-%- .â€¢â€¢ .':e...44 I - r. \ l.,In'./11 ./. \ .6 11 .Hu.k & r..1:.â€¢1'..:AP,k, 1....... 1 -i 4 1 -..7. i>~/Â· Â·â€¢ Â· Â· ,Â· ' , eÂ£* 0 rt 'F\\ 1.41,1 lil.,111. .'~ #44j, r,i: 1!. / --11 4 I - cjk-UP Yabew.h . .1..., 1'.ik #Tr ., : 0 / lierÂ·: in,] I- +41 I- \ ;.. /447.Â·..Â·I Â· ,-+7: *L 1 /*/1.42 1,/11 (~NIT.:rat, 1 ~14:InglWal ./.1 ... 97. 9 . rn,-:,1 I.Ail L -flb .... 9Â· 36~th i 1,2.1 t.. I 1,â€¢AÂ·,1,â€¢â€¢41. M--1* . Ii.1 Â¢ k 14,11'll-,4. i al'.1.,1,1 1%*i,In kni 1 Tomi â€¢ of 14111-1,1 Can,Bileâ€¢, 34 Tot.,1 â€¢ 01 U all.in ( .imp.,10 9 I[Ism 11 F F.klÂ·: R l' \ R k (' i il l' (; R () 1 i l) i REA lul, 21*Â»: Conceptual Plan -wifi- 9 *m Key Concepts The campground would be reconstructed to meet current design standards and would be expanded from 29 campsites to 55 campsites to accommodate the 26 campsites that would be displaced from the Longs Peak Campground. Each campsite would have a tent pad, fire ring, picnic table and parking space. Campground improvements include: paved roadways, potable water system, vault toilets with low level internal illumination and heaters, fee station, an internal trail system and up to 3 campground host sites. The design capacity for the campground would not exceed 484 People at One Time (PAOT). This is a design capacity and would only occur if every campsite were occupied up to its maximum capacity. The Meeker Park Picnic Ground on the east side of Highway 7 would be removed and the area restored to natural conditions A new picnic ground would be developed on the west side of Highway 7 with 8 picnic sites containing tables and fire rings/grills. The picnic ground would also have a vault toilet and information kiosk A new Lookout Mountain Trailhead would be developed in conjunction with the picnic ground. Paved access roads and parking for 40 vehicles (including 4 pull-through parking spaces for vehicles pulling trailers) would be provided for the picnic ground and trailhead A designated trail system would be identified on the west side of Highway 7. User created trails not needed for Forest System trails would be removed and those areas restored to natural conditions All existing trails accessing private land would be clearly signed, fenced and/or gated to minimize trespass onto private property Visitors wishing to access RMNP via County Roads 113N and 113S would be redirected to use the new Lookout Mountain Trailhead September 2008 'IIIIIHI'imili :7/grirti Rocky Mountain National Park -"'laht#.AdÂ·*7% Â· li~ Bear Lake Road Reconstruction Phase 2 . 4 -8. Newsletter .0 n Dear Visitors, Friends and Associates, Ilili*L 1 â€¢Â· The National Park Service (NPS), in partnership with the Federal Highways Administration (FHWA), is proposing to reconstruct a 5-mile section of Bear Lake Road from its intersection with Trail Ridge Road (U.S. Highway 36) to the Park & Ride parking lot (please see the map on page 3). Phase 1 reconstruction from the Park & Ride parking lot to Bear Lake was completed in 2004 and provides an example of what Phase 2 will look like. An Environmental Assessment (EA) is being prepared for Phase 2 reconstruction, and will be available for public review and comment in the next few months. We've been examining four alternatives for reconstructing the road, which are described in this newsletter. We welcome your input on the alternatives that we've developed so far, and we welcome new ideas on alternatives we may have overlooked. You are welcome to use the comment form at the bottom of this page. You can drop off your comment at any park visitor center, or you can fold the first page so that the park address is visible and mail your comment. Written comments can also be submitted as follows: By Mail: Superintendent, Rocky Mountain National Park, Estes Park, CO 80517 By Fax: (970) 586-1397 By email: romo_superintendent@nps.gov By Express Delivery: Superintendent, Rocky Mountain National Park, 1000 Highway 36, Estes Park, CO 80517 Hand Delivery: Beaver Meadows, Fall River, Moraine Park or Kawuneeche visitor centers Please note that your comments must be received in writing by September 30,2008. Sincerely, Vaughn L. Baker 9 9 Superintendent Comment Form - Bear Lake Road Reconstruction Phase 2 If you would like to be kept informed aboutthis project, please provide your name and mailing address. 1 of 6 t Postage Required Superintendent Rocky Mountain National Park Estes Park, CO 80517 ---------------------------------------------------------------------- Objectives and Issues to be Addressed Improvements are needed to correct structural deficiencies in the roadway, correct inadequate drainage, provide a safe and pleasant driving experience, facilitate existing and future shuttle bus operation, and improve inadequate intersection and pullout design. The following objectives have been identified: Provide for Visitor Â· Protect Park Natural Â· Improve the Efficiency Enjoyment and Safety Resources of Park Operations These are some of the issues that have been identified so far: Topography, Geology, and Soils: How would excavation and grading during road construction affect geologic and soil resources and the success of revegetation following construction? Water Resources: How would water quality in nearby streams be affected? Vegetation and Wetlands: How much native vegetation would be lost or disturbed for proposed road improvements? What would be the effect on old growth trees? Would there be long-term impacts to wetlands and if so, how would impacts be mitigated? How would disturbed areas be revegetated following construction? What would be done to prevent the introduction of invasive exotic plant species? Wildlife and Aquatic Resources: How would wildlife be affected by proposed road improvements? Would wildlife movement be affected by the realignment of Bear Lake Road? What are the potential impacts to aquatic life and fish in streams adjacent to the road? Threatened, Endangered, and Rare Species: How would federally listed threatened species, including lynx and greenback cutthroat trout, be impacted? Are there endangered, threatened or rare plants within the project corridor that may be impacted? Wilderness: How would the realignment of Bear Lake Road affect land recommended for designation as Wilderness? Would there be impacts to wilderness values associated with the road reconstruction? Air Quality: Would road improvements increase pollution from additional traffic or from operation of construction equipment? Would particulate levels be lower if the use of traction sand is reduced? Natural Quiet. Sounds, and Light: How much noise and disturbance is expected during construction? Would there be any long-term change in the noise and lighting in the park? Cultural Resources: Would road improvements impact any archeological or historic features? Visitor Use and Experience: How would visitors be affected by road construction? Would the road be closed? Are traffic delays expected? Would recreational areas be accessible during construction? How would the proposed improvements impact visitor use and the quality of visitor experiences in the park? Visual Resources: How would the scenic quality of Bear Lake Road change with the proposed improve- ments? What provisions are being made to protect the scenery? Local and Regional Economy: How would local businesses be affected by road construction? Would construction spending affect local employment or businesses? 2 of 6 I . Potential Alternatives The project objectives and the issues that have been identified were used to develop several alternatives. On the following pages, conceptual plans and brief text will provide an overview of our current direc- tion. More detailed information will be provided in the EA, along with a detailed evaluation of the issues listed above. Opportunities for Public Review and Comment We anticipate that the EA for Bear Lake Road Reconstruction Phase 2 will be available for public review and comment before the end of this year. Notification that the plan is available for public review and comment will be widely distributed, and the document will be available in several forms, including printed copy, compact disk, and posting on the internet. Likewise, written comments can be submitted in many different forms which will be described in the plan and in news releases. If you received notification about this newsletter by mail, you will be notified by mail when the plan is available for public review. If you did not receive notification about this newsletter by mail and you would like to be notified when the plan is available, please contact us and provide your name and mailing address. Please indicate in your message that you are interested in receiving information about the Bear Lake Road Reconstruction Phase 2 project. We anticipate that the review and com- ment period will be 60 days. During the ,> public review and comment period we 261 -+=*..-8 Rocky Mountain 2 will host at least one public meeting in Notionol Poik j the immediate area, where participants j i will be provided with an overview of ; :3 the project and will have an opportun- / ity to ask questions. i KFYIJ Â»i, i y.-. i P '/t E 4- : P.Estes ' 1 Following the public comment period, 11 U :..........'....41 we will evaluate the public comments i~ below > i irt lisel ihoviâ€¢\ mik and will determine where changes are Grand .762- -Â·1\ lake~- .....,1 needed in the plan to address public 41 concerns. We will then make a decision /1 . on which alternative to select and how 6 *,7/1/3 L.--Â·,Â·'#.3. ..4 /-4...4 - -J, 1 ,- 36 41 f--Bea- Meader-.5 --i to proceed with the project. A decision )24 < 1 .). Â£ /'./.12/ Sk.lIe- . 79 on this project is not expected until / BedÂ¥*f Mee*- 1 - pd i.Â·. jS,k#Og Â¢401ef !25- sometime in 2009. Moroile Per/ . J r, P Alternative 1 - No Action U I 'C~ -'Â·~*,t.%*- 1" L /; Bear Lake Road would not be recon- National Park esÂ«7--a--j 65 y'libcky Mountaln 22Ux/,< 1, structed. The existing road Would t.4 Cub remain 24 feet wide between Trail i.- -'Â» . ,* ! CÂ«kieÂ·" ent' ' i E Hellowell Wk'.7 H' -~~ YMCA < ~~ Ridge Road to beyond the Big \\.'.. .../2 -v-*~...7 r j# L.-, 1 Thompson River Bridge, and 20 to 22 /r 0* ~ 8-re ~1 Pork & Ride,RÂ»/ feet wide from there to the Park & Ride , i-f~,-811.'~6 -'e<J *Cer ~! 09Â° parking lot. The road pavement and 'Â· i,Â·'~' Lake / f ) Campgript,2 ,i! Troithead A structural integrity would continue to f) 2 i=*Â·/LZE Â· ~~:4= -7 ~- deteriorate, and widening to better TAâ€¢li~d~94../f f .' 6 CE / 4 <r accommodate shuttle buses and rec- ....:44, : /7, / 2 12,7 4. reational vehicles would not be done. Glocier I ' 4%24/ i Road maintenance costs would con- Traitheod ) 11 2 Miles Ao tinue to increase. Phase 1 Recon struction completed awn Phae 11 Propmed improvements 3 of 6 . t Alternative 2 - Reconstruction with retaining walls along Glacier Creek Alternative 2 maintains the existing alignment from Trail Ridge Road to the = -b':1-_ Ar k23*:ii! Slope Retaining- ~~ Â·:PT c Wall with Guar~Irill ~ Â£UÂ». Park & Ride. The road would be recon- s.*cuiven *0 f -1'..11,9.- - - W#A#21 .. .. h . structed to a width of 24 feet, with two *Ath GuardraÂ£>41# ...1 Bandit lhWEL PL~~â€¢â€¢acraâ€¢r Cluve 11' travel lanes and 1-foot shoulders. N791- ,:=a-0'~ cu, slope--1 Because of the narrow road width R-ining Wall along portions of Glacier Creek, this t~ , alternative includes construction of Â· K .* about 1,361 feet of retaining wall Â· between the road and the creek. j Con;truction--* , 1 About 5,051 feet of retaining walls u Limits -/ would be built under this alternative, including construction of 853 feet of cut walls in the Tuxedo Park area. : ~ Fiji Slope Retaining Wall Alternative 2 would result in 26.1 acres with Guardrail of new disturbance, of which about ..1 t. 11 Glader Creek 25.6 acres would be reclaimed following construction. < /. The total estimated cost for construc- tion of Alternative 2 is $23.15 million. ~ ~- Fill Slope Retaining $ r~... Â· Walt with Guardmit - ' 1,011 ->7.--- Construc:lon . Ridge Umite Rood ~ CkÂ·Â·~ #, 1. 1 101. 1 9/ Rood 3~z~~S /, /4 M .P. 1 ~7'~\Ar.. 01 W Â·/ Figure ! tr~#4 21 1 7* I<.i Alternative 2 Road 3 L ,â€žno~~ &33 Cut and Filt Stopes improvements Along 1.- 3 1.- setic, - Retaining Walls Glodef Crock Â¥ 0 175 A 10}f Xm 2% 9 1 2 E 12ft 3-28fr rle F *. , I , Ersling Grewati:1 ./ - Excevor:on limit&-#, B 1 .,Â». tew<:11-0/suden \ 1 Gloe,â€¢ 0â€¢Â« ,&'-''%, F - '~ ---- 4 of 6 I Alternative 3 - Reconstruction without retaining walls along Glacier Creek The road would be reconstructed to a width of 24 feet, with two 11' travel - .-33: --. 8**B -2.'FM; Slope Ret,Ining........1 G~ 0-Â· - Wall with Guardrail ~ le''f~h- lanes and 1-foot shoulders. Alternative B= Calvert- 4 ~~_0_L....~ Bandit 3 is identical to Alternative 2 between With Guardrail Mi curve Hollowe# 04 2 2' . - T Trail Ridge Road and Bandit Curve. park .,~,~-9 '*%&b00.'-- Â·~Â·~ cut stope -.-1 :. From Bandit Curve for about 2,000 feet Retaining Wail south, the road alignment would shift A Â· away from Glacier Creek. The center- line of the realigned road would move ij no more than 15.5 feet to the \Nest. Shifting the road would require new ~t cut slope excavations because of the , urnt. Construction --- 1 steep adjacent hillside, but would Â· , 6 72 greatly reduce the need for fill slope Â·Fil #L- Extsting retaining walls adjacent to Glacier 1 44 Creek. k.26, , <f Roadway Gtacier Creek Approximately 3,690 feet of retaining walls, including 2,837 feet of fill walls , vgm, , and 853 feet of cut walls would be c '4,54!v constructed under Alternative 3. Alter- native 3 would result in 30.6 acres of new disturbance, of which about 30.1 acres would be reclaimed following , L.ka construction. toDd ~~-Â·--.~ 10 f.\ !2 . ..9 The total estimated construction cost 9-NA.0 of for this alternative is $24.86 million. Â· 4- . I . While this alternative greatly reduces . 4%/f . V the costs associated with construction of retaining wall along Glacier Creek, it r--h Alternotive 3 4-3 4 2*1 Cutond Fill Slopess Rood Imprcwernen# requires substantial cut slope excava- 1 2'**=*: i i.* stâ€¢vicE 1 - Retaining W.|ts Along Glider Creek tion to shift the road alignment. N 0 125 ~ M A 34 ~000 /. 64*47 X :, / / Cvt Stope Height Vi:8 1 -, 100#t # g : -/ Slope Mo 1 V OH Ma, UK, , 2 1 ,rÂ·Â·Glo<,er C*eek i â€¢ .f -4 -- 5 of 6 , t Alternative 4 - Realign the road to avoid Glacier Creek The road would be reconstructed to a width of 24 feet, with two 11' travel dj=AX3"4< -447 'pj -.....r,r Â¥ V j~r . lanes and 1-foot shoulders. Road im- r , with Guardrall 1 Bandit provements under Alternative 4 would 'L -/.'- Hollowell -,.,-Â· Â· ~ be identical to Alternatives 2 and 3 Park % .0. . Fm Slope Retaining Cut slope -Â·Â·Â· between Trail Ridge Road and Bandit Wall with GIl-*mil Retalning Wall . , .64-- I ..f.'.1 Curve. Starting at Bandit Curve, the i I ... 9074 2.4. ~. 4 Ar .i 'I .q. .:'*...9.21- - road would be realigned on a new route to the west for about 1 mile. The . 1 ~ U V realigned route would completely avoid u n.".: :i ,5/ the narrow section of road adjacent to C Abandoned and --.2,2 * f Glacier Creek and eliminate the need Reclaimed Roed - . 7 f for fill slope retaining walls, except as Alternative 4 R --21 - Proposed Trail End - ,~1,<,/r common to all action alternatives. Realignment - Existing Roadway Alternative 4 includes 3,723 feet of ~4 2:.Â·Â·Â·2 r -7.64â€¢-Â· . 1.61 I : g .., I -Glacter Creek retaining walls, including 853 feet of i.+ Guardmil 7% NS> cut walls and 2,870 feet of fill walls. The new road would cross rolling d Trail and Fishing terrain that would require cuts in hills Acces, on Abandoned ..1 ~~ ~t Road Nignment and saddles and fills in valleys. Alterna- Conâ€¢truction - tive 4 would result in 29.8 acres of new Limits Troit ~t"~ Proposed P disturbance, of which about 28.7 acres L'OrT,- ~ = 9 would be reclaimed following construc- tion. 1 41,1 2 The total estimated construction cost Figt.r0 for this alternative is $21.72 million. Bal jiye, While this alternative eliminates the n * FR% ' costs associated with retaining walls along Glacier Creek, it requires substan- rEOr i Cutond FOIS,opes AllematNe 4 Road Rectignment tial cuts and fills for the new road i . p... , 5EatftCje j - Retaining Wolls N alignment. Also included in the cost of 125 A this alternative is trail construction and 2-9 fee~ A * = abandoned road reclamation. -Ei".1.9 Gle,jact The abandoned portion of the road -*&. -- / 1 would be partially reclaimed and a trail ,- Ift , constructed for visitor access along 2 $\ Height of Ce! varie: Â£44* RE'* Vay ---2 7 : 39ft Mux Glacier Creek. The trail would begin at 1Â¥' 2}4 Mai 12b 12% a proposed new parking area near the t south end of the junction of the new Iypical Seclion: Soddle Cut wilh Poved Ditches road alignment. Land on either side of the trail would be reclaimed and ~ /58 revegetated to provide a more natural 17â€¢ 176 m setting. The remainder of the abandon- --$/m,; Rates %#7 / lv.2#1 Mall ed road north of the trail terminus (0.25 miles), also would be reclaimed and revegetated, but a portion of the road -- bed would be left for potential use as part of a regional trail in the future. Typical Sediont Fill Sedion with Guordrail 6 of 6 .V , 4 11. ,!1!P 11 .r . el 4 4 :. p .,.J ' I.4 7 #1 :. f 2 0 . .' ~1' ~L '' i tth' Â· 2 - , -18 - 4 A + ; J .. '.r f ' 4 4-04' ..9. 91% 1. 0 Â¥ 7.19Â· 43 - - 41 .. 24 . 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I Steamboat Pilot - The Last Stand, A 5-Part Series on Mountain Pine Beetle and the West's Dying Forests Part 1: A Battle Lost Dealing with denial Communities cope with reality of unprecedented beetle epidemic By Brandon Gee (Contact) There's nothing quite as serene as lying under a stand of lodgepole pine trees. Their fallen needles pad the ground, choking the forest floor and smothering other growth between the slender trunks. Left alone, a lodgepole pine will grow bushy and broad. But in stands, competing for sunlight, they race to the sky, and their limbs are sparse and high. In the early evening, rays of sunlight sneak through the thin, green needles and fall to the ground like stands of blond hair, granting one the twin satisfactions of lying under a tree and the sun. Colorado blue spruce may be the state tree, but it's easy to understand why lodgepole pine is the unofficial favorite in the hearts of many Coloradans. "People love these trees," said Jim Burton, who owns a home in the Red Creek subdivision in North Routt County, "and now they're dying." Burton moved to Red Creek in 2001. In 2002, he met the mountain pine beetle, a pesky insect the size of a grain of rice that had the gail to kill 40 of his and his neighbors' stately old trees. They had the dead trees removed, but they ignored a o forester's recommendation to thin their woods of some of the live trees as a preventive measure. "You thought you were cutting off people's left arm taking 40 trees," Burton said. "I've had property owners crying, absolutely crying, because they were losing all these trees." The worst was yet to come. Next it was 100 trees, then 200, then 1,000. Now, Burton and his fellow homeowners are having 15,000 to 20,000 trees removed from their subdivision - and wishing they had taken a different tack. "At the beginning, we were all in denial," Burton said. "They were telling us we needed to thin, and people just didn't want to believe it. We just loved them to death." /1, Foresters are just as guilty; however, and it is unlikely any amount of prevention would have thwarted what most now accept as fact. "The situation is, all of your trees are going to die," said John Twitchell, a Steamboat Springs-based district forester with the Colorado State Forest Service. Burton's experience is a microcosm of the forest management - or mismanagement - practices that have contributed to an unprecedented epidemic across the state and the Rocky Mountains, from British Columbia to Mexico, as far west as California and as far east as the Dakotas. The mountain pine beetle likely will kill the majority of Colorado's large-diameter lodgepole pine trees within the next three to five years, according to the U.S. Forest Service. Diann Ritschard, a local spokeswoman for the federal forest service, said that in typical years, between 20 and 30 dead trees are removed from campgrounds across Routt County. This year, thousands of dead trees are being removed. "We're losing the battle," Twitchell said. "It's a drastic change in appearance. ... I think the 'Oh, my God' factor is going to be pretty high this year." No refuge Steve Gilbreath strolls happily out of his camper to welcome visitors to Lodgepole Campground in the Gunnison National Forest. The setting sun glows orange off the trunks of the campgfound's namesake trees as the Taylor River flows nearby. "We've been coming up here to camp in the canyon since I was a kid, said Gilbreath, a retired Texan who spends his summers as Lodgepole Campground's host. "It would absolutely just kill me to see all this die out. If we couldn't come up here and spend our summer, I don't know what we'd do. ... The spruce are nice, and they're kind of pretty, but these lodgepole are pretty unique." From Gore Pass to Mount Werner to Hahn's Peak, red trees are increasingly redefining the landscape of Northwest Colorado. But you have to look pretty hard in the Gunnison National Forest to find evidence of the mountain pine beetle. It could be only a matter of time, however, before the area succumbs to the insect, said Roy Mask, a Gunnison-based entomologist with the U.S. Forest Service. Throughout the continent, beetles are thriving in some altitudes and climes like never before because of higher temperatures. Scientists in British Columbia, home to the largest mountain pine beetle infestation in North America, are performing studies with troubling implications. Eighty percent of the province's lodgepole pines are expected to be dead by 2013, according to Natural Resources Canada. Compared to 1.5 million acres in Colorado, British Columbia's Ministry of Forests and Ranges estimates the cumulative area of the province affected by the pine beetle to be 33.3 million acres, or about four times the size of Vancouver Island. After a freak wind event that sent the beetles across the Rockies into Alberta in 2006, Dr. Dezene Huber at the University of Northern British Columbia began resea rching the possibility that the epidemic could spread through Canada's boreal forest all the way to the eastern seaboard and dip into the U.S. through the heavily pined Great Lakes and mid-Atlantic regions. "I hope it doesn't," Huber said. "I'm always sort of optimistic. In the same vein, we never thought it would blow up in these parts like it did It's amazing what these guys will do in high numbers." The forest lifestyle In a state so largely defined by its appearance and recreational offerings, it's hard to understate the impact of the mountain pine beetle in Colorado. And it's easy to understand the anger and frustration that has accompanied it. "They're just beautiful trees, and that's what people thought they were buying into," Burton said about himself and his North Routt County neighbors. "They thought they were moving into a mature forest. Well, it is mature, but it's also ready to move on. "Sometimes you got to get run over before you realize you're in the middle of the road. And that's what happened to us. It's very sad. Here's a 75-foot tree. All of a sudden it's infected with beetles. ... You just can't replace that tree. You can't do it. If you had all the money in the world, you can't replace it." The aesthetics alone are overwhelming, but the beetle is having more concrete impacts on mountain life that will be felt for years to come. According to Mary Ann Chambers, spokeswoman for the Mountain Pine Beetle Incident Management Team, the beetle is threatening public safety on 911 miles of trails, which is about 20 percent of all the trails in the Medicine Bow, Routt, White River, Arapaho and Roosevelt national forests; 3,467 miles of roads, or about 40 percent of all the roads in the forests; and 21,455 acres of developed recreation sites, which equates to 19 percent of all the campgrounds and picnic areas. Sights such as the trash bags taped over the entry sign for the Blacktail Creek Campground in Routt County are coarse reminders that use is limited or entirely banned in these areas while hazardous trees are removed. "The character of the sites will change when the large trees are gone," Chambers wrote in an e-mail. "Structures and saplings can be added to provide shade and screening, but it will take time and money for this to happen." Finally letting go Not far from Huber's British Columbia laboratory, Geof Magrath stands in the Prince George Golf and Curling Club's pro shop, the gnarled ghosts of trees lining the fairways behind him. Magrath, the associate pro, speaks distantly about the decimation of the golf course that has been his second home since he played his first round at age 8,30 years ago. "Last year was when the rest of the trees went," he said. "Now all them are dead. It's just relentless. They're everywhere." Later, Magrath whizzes around the course on a golf cart, pointing out where thick stands used to define fairways, back greens and stop errant balls from flying toward the highway. "I still manage to get behind them sometimes," jokes Magrath, pointing at the stumps of trees that used to punish golfers for going long on their approach shot. 'F b There aren't as many stumps as you would expect, though; the course is one of the only places in the city that has not removed all its beetle-killed trees. "We're so used to having a tree-lined golf course that mowing down all the trees was not attractive to the members," Magrath said. "It's just something you get used to. It looks really weird, but I don't even notice anymore." "Really weird" is an understatement for a place that feels downright spooky, but it seems most golfers, like Magrath, have moved past it. It's men's night, and the course is packed. "It's like home," Magrath said. "I don't want to leave. I like the golf course. It's a great golf course." Even so, the conifer corpses present a liability concern that can't be ignored. There have been no accidents, but it's not uncommon for winds to topple trees, or for golf balls to send dead branches flying. "If there's enough of the canopy left, the wind will catch it and the top falls off - not that there's a lot of canopy left," Magrath said. The course will move to a new site north of the city in 2010. It has trees but very little pine. "That was a requirement," Magrath said. Born to die "We haven't allowed the forest to die," said Dave Steinke, a spokesman for the U.S. Forest Service. "It's sick, and something's going to happen to it. And right now it's bugs." Officials.with the federal and Colorado state forest services are the first to admit they haven't done a good job in recent decades. A gung-ho approach toward the suppression of wildfires and policies that haven't allowed fire to be mimicked through logging operations have allowed lodgepole forests to grow thick and old. Years of drought have stressed trees and robbed them of the moisture they need to produce the sap that is their natural defense against the boring insects. The resulting mature, stressed trees are like pizza to bark beetles, and forest management policies and nature have combined to put out a buffet. On an afternoon earlier this summer - after 215 trees were removed from Howelsen Hill - George Hines, arborist for the city of Steamboat Springs, said he's the busiest he's been in 14 years on the job. Although mitigation is a major concern, there are plenty of people viewing the dead forest in economic terms. At the Rocky Mountain Pellet Co. in Walden, plant manager Bob Stahl is ready to convince anyone that his mill will be the most important player in getting the dead trees out of the forest. And in a remote area of the Roosevelt National Forest in north Larimer County, more than any of the trees he's logging, woods boss Jerry Heggie would rather sell you on the ineptitude of the U.S. Forest Service. "It seems like common sense has gone out the window with them," Heggie said. While Heggie is skeptical the Forest Service will throw open its arms to commercial logging as a result of the mountain pine beetle epidemic, there do appear to be changes in store for the fighting of wildfires. Officials say they will let more fires burn. Their motivation is based not only on a desire to allow more natural forest regeneration, but also because dead standing trees, known as snags, are the second leading cause of death for wildland firefighters. "We're not going to put firefighters in country with dead trees," Steinke said. "No acre is worth a firefighter's life - and no house." Even for those like Steinke, who view the epidemic as Mother Nature finding a way to do what we wouldn't let happen ourselves, there are moments of remorse. "My daughter - or my daughter's daughters - will never see Routt County the way I knew it," Steinke said. "I think that's the hardest part for me." Try the Steamboat Pilot & Today for 45 days FREE Click here for details or call 970-871-4232 Community comments Note: The Steamboat Pilot & Today doesn't necessarily condone the comments here, nor does it review every post. Read our full policy. Iridge2us (anonymous) August 2,2008 at 7:26 a.m. > Suggest removal It is a shame, to see all these trees being allowed to die, 50 years ago when I was a 115 to 125 Ib scrawny kid working for the Forest Service in the Black Hills in S Dak We would treat bark beetles by making as many as 10 to 15 trips up and down the hill sides, carrying 2- 5 Gallon cans of the material that was being used to kill / control the Beatle infestation, in rubber suits, and boots, to spray for 15 minutes (all it took to empty the 2 5 Gallon cans, and back for more. The reduction in live beetle kill trees, was certainly much better than the lack of preventive Forest Management, to get us to where we are today. Peter Loveridge (Son of 2 generations of Foresters) who has been there and done that with success, what happened to the follow up on Forest Management, dead trees id04sp (anonymous) August 2, 2008 at 11:20 a.m. > Suggest removal The insecticide required to kill these buggers is of the "thrin" family. Pyrethrin or something similar. You can't get these substances anymore without a pest control 1 If F license. This problem is also occurring in southeastern pine forests, but at least in that part of the world, people who can afford to cut down the damn sick trees and burn them are doing so. So say a big 01' THANKS to the Environazis for condemning the forest to death from beetles by banning use of pyrethrin insecticides, and not allowing fires to take out the sick trees. Man has created a giant tender box, ready to explode with a single lightening strike. Of course, in the natural scheme of things, without man interfering, maybe the forests would have died or burned before now. It ain't like man killed the dinosaurs off... So what's wrong with clearing the dead trees, replanting a resistant species, or observing a healthy post-beetle forest to see what the natural progression is, and going with that as a model to help accelerate recovery? Do it for "the kids." That's how everything else gets justified, isn't it? One thing for sure; without poison, or fire, the beetles will not die out. What's the alternative? Asking them to please stop killing the trees? Is that the Barack Obama approach that's supposed to work on Iran, etc? This is a pretty good natural example of what happens when people let a noxious condition continue to exist for fear of something "worse" happening. Are the dead trees an omen of dead Americans if we don't do something about the Islamo- Fascist movement? Something to think about. ColoradoNative (anonymous) August 2, 2008 at 11:44 a.m. > Suggest removal You know it's tough to see this state turning brown but I remember a Colorado where public lakes, rivers, camp grounds, and highways were pretty empty. Maybe those days will come back and some of the Colorado I remember as a kid will return minus the lodge poles. nondescriptl (anonymous) August 2, 2008 at 12:38 p.m. > Suggest removal id your lack of knowledge of forestry practices and history should preclude you from commenting on the subject past the point of sharing your personal opinions about the way the forest looks to you. sorry. Turning of the evergreens By Brandon Gee (Contact) - If anyone has a newfound appreciation for the dangers posed by dead, standing trees, it's Sheila Wright, development director for Rocky Mountain Youth Corps. On June 19, Wright was walking around the Seedhouse Campground in North Routt County, where corps members were busy clearing the closed campsite of hazard trees. As Wright passed under an enormous beetle-killed tree, a 5-foot-long limb - known as a widow maker - crashed down in front of her feet. "That would have hurt, you guys," Wright exclaimed after initially laughing. "That would have freaking hurt!" Minutes earlier, on her first drive up Seedhouse Road this year,,Wright was shocked at how much the scenery has changed since last year. "We were up here last summer, and I just don't remember all this beetle-kill," Wright said. "Look at all that beetle-kill. It's so ... evident." All across Seedhouse Campground, red-needled lodgepole pines stick up into the air like rusty spears, piles of logs occupy campsites instead of tents, and the sound of chain saws competes with the gushing Middle Fork of the Elk River. Run your hand over a branch, and the crispy needles fall away like hair out of a brush. "It's shocking, it's depressing, but it's not surprising," said 19-year-old corps member Sarah Yardley of New Jersey. "It's scary. I'm more worried than anything." Wright said the mountain pine beetle promises to keep Yardley and her Rocky Mountain Youth Corps successors busy for a number of years. Never has Wright seen one thing so thoroughly dominate the corps' schedule. "We have never had a dedicated crew just to mitigate beetle-kill," Wright said. This year they have two such crews. "It kind of takes over the landscape," Andreas Kavountzis, a 20-year-old corps member from New Jersey, said while sharpening a chain saw. "Dead trees everywhere. It's real depressing." Yardley said the scene looked familiar. Her family owns a second home in Grand County, where the extent of the beetle's destruction is second only to British Columbia. "It looks like it's fall," Yardley said 'of Grand County, "but evergreens aren't supposed to turn brown." Part 2: A Fumbled Forest How the West was lost Climate change, forest management fuel beetles' shocking spread across Rockies By Brandon Gee (Contact) In a laboratory at the University of Northern British Columbia in Prince George, a moving plate jostles eight test tubes inside a mirrored glass box. Bacteria in the test tubes are being used to grow the mountain pine beetle genes responsible for producing the insect's chemical defenses against lower temperatures. Dr. Dezene Huber and his students hope to better understand the simple yet resilient insect that has destroyed forests, economies and lifestyles across the province. "Our models tell us right now that the mountain pine beetle will kill approximately 76 percent of mature lodgepole pine by 2015," Jim Snetsinger, British Columbia's chief forester, said. "We believe the infestation has peaked but that it will continue to kill pine trees." Following its destruction of tens of millions of lodgepole pine acres in Canada, the mountain pine beetle has nibbled its way south, killing forests throughout the Rocky Mountain West, including Northwest Colorado. Experts in Canada and the U.S. are beginning to call the insect epidemic the worst on record. In January, the U.S. Forest Service announced Colorado's total infestation had reached more than 1.5 million acres, nearly all of the state's lodgepole pine trees. The magnitude of the epidemic has caught many off guard, as evidenced by comments made in a 2004 DVD by John Twitchell, a Steamboat Springs-based forester with the Colorado State Forest Service. "If we don't treat the mountain pine beetle now, the potential for thousands of acres to be killed, brown hillsides, is very real," Twitchell said at the time. "The mountain pine beetle may drive our management for a year or two." Four years later, the affected acreage is in the millions, and a bearded Twitchell crisscrosses North Routt County in his state pickup. He's reached a point where, even driving by at 60 mph, he can spot the small signs of a beetle attack on trees that haven't even changed color. "This is like the phenomenon of the century," said Twitchell, who believes Routt County will remain in peak conditions for another year or two. "I'm beginning to wonder if much is going to survive." Common culprit Despite the miles between Twitchell's pickup and Snetsinger's British Columbia office, the two men tell strikingly similar tales about the mountain pine beetle and their forests. Both stories begin with the sheer number of trees in the woods. Twitchell said although Colorado grows 1 billion board feet of timber each year, only 100 million board feet are harvested. There were 2.7 billion board feet of timber in Colorado at the beginning of last century. That number increased to 6 billion by the dawn of the mountain pine beetle epidemic, Twitchell said. Even in British Columbia, where forestry was long the top industry and still is a close second to tourism, Snetsinger said the number of lodgepole pines increased from 1.3 billion board feet in the early 1900s to 508.5 billion board feet when the epidemic began. Ironically, efforts to save forests from one enemy may have only delayed their fall to another. In Colorado and British Columbia, a common contributor to the booming pine population is fire suppression. Technological advances such as aircraft and lightning detection gave the West the ability to fight wildfires like never before, and the westward migration of people made nervous by the sight of smoke on the horizon gave officials a reason to use that power. "We started to shift the age class in the forest," a bespectacled and clean-cut Snetsinger said in his office. "It's all a part of population dynamics." The environmental logger Twitchell described lodgepole pine as a "fire-dependent species ... designed to burn in catastrophic, stand-replacing fires." For Twitchell, commercial logging goes hand in hand with good forestry and good environmental policy - especially if fires aren't allowed to burn. "These openings that we create in the forest are the best way to mimic what a fire does as it creates an open space without any competition," Twitchell continued, "and that's what lodgepole pine needs." For others, the idea of loggers mowing down forests doesn't mesh with the idea of protecting the environment. For a variety of reasons, mostly public sentiment, Twitchell said people like him have lost this battle during the past 35 years. "That was in response to some real abuses," Twitchell said, "but we swung the pendulum too far the other way. So we've lost 35 years of regeneration. ... Thirty- five years of better management would have lessened the impact of all of this." U.S. Forest Service spokesman Dave Steinke said officials have previously operated under the "10 o'clock policy," referring to public pressure from landowners to have all wildfires extinguished by 10 p.m. "We have a mission: Put out all the fires," Steinke said. "As a result, we have a very unhealthy forest right now." ' Officials now are toying with a new approach known as "appropriate management response." Officials will be less suppression driven and more resource management driven in determining whether and how to fight a wildfire. On the commercial harvesting side, Mary Ann Chambers said the U.S. Forest Service is not increasing its allowable cut but is trying to get closer to it by putting up more timber sales and eliminating some of the red tape loggers face. "We're excited that we do have some industry that can help us out with that stuff," said Chambers, spokeswoman for U.S. Forest Service's Mountain Pine Beetle Incident Management Team. Unnatura[ occurrence In the cab of his truck, Twitchell scans the blemished North Routt landscape through sunglasses and talks freely about the lack of logging in America, a net importer of lumber. He gets squeamish, however, when asked about global warnfing's potential contribution to the beetle epidemic. "Obviously - at least our short-term records indicate - our winters have been warmer," Twitchell said carefully. "Phenomena like this are probably a direct result of it. ... Everyone agrees with that whether you agree with global warming or not." A few moments pass before Twitchell can no longer resist the urge to answer the question in less couched terms. "Most scientists see a warming in the environment," he continued. "I think global warming is pretty acknowledged or accepted. In my opinion, we're having an impact on the environment. "Some would define this as a natural disaster. I would call it a phenomenon. It's unprecedented. And it could be the result of global warming and mismanagement. To call it a natural occurrence is misleading, in my opinion." Because the mountain pine beetle prefers old, weak trees, Snetsinger said pine forests stressed by age and competition were sitting ducks for a catastrophic outbreak of the insect that always has been endemic throughout the mountains of western North America. All that was missing, Snetsinger said, were the right climatic conditions. Enter warmth and drought. Snetsinger and other Canadian officials readily point a finger at global warming, perhaps because they have disproportionately felt its effects. Snetsinger said that while the mean global temperature has increased about 1 degree during the past 100 years, the mean temperature in northern British Columbia has increased about 4 to 5 degrees in that time. "It certainly appears our warming climate is conducive to increased survivability of the mountain pine beetle," Snetsinger said. "It's just science. It is what it is." Roy Mask, a Gunnison-based entomologist with the U.S. Forest Service, said higher temperatures could spell trouble for the Gunnison National Forest, where mountain pine beetle outbreaks always have been tempered by some of the coldest winters in the nation. Mask isn't encouraged by the fact that just over the Continental Divide in Lake County, the mountain pine beetle is flourishing. "It could just be a matter of time," Mask said, "but we're trying to better understand why we're holding up better. It's a little bit perplexing to us why we're seeing so much activity in Lake County at similar elevations." The potential role of global warming is made even more troubling in light of research conducted by Werner Kurz of the Canadian Forest Service. In an article published in the journal Nature, Kurz reported that, by 2020, British Columbia's forests will convert from "carbon sinks" to "carbon sources," meaning they will intensify the warming trends that may have contributed to their death in the first place. Looking backward Several hours southeast of Prince George, in the high-desert city of Kamloops, it's easy to believe in global warming. It's June 30, the eve of Canada Day, and it's 100 degrees in a city about 1,000 miles northwest of Steamboat. Crooked pines dot the hillsides around the town. In addition to possibly contributing to the mountain pine beetle epidemic, Snetsinger said climate change also frustrated British Columbia's response to it. According to the province's Ministry of Forestry and Ranges, it takes several consecutive days of temperatures of about minus 30 or minus 40 degrees to kill a substantial amount of a mountain pine beetle population. In the early fall or late spring, sustained temperatures of about minus 15 degrees can do the trick. Snetsinger said such conditions used to occur like clockwork once a decade. The last time it happened was 1985. "We just haven't seen that stuff for a long, long time," Snetsinger said. "What we were trying to do was control it until a cold-weather event. We were looking backward. It had always come before." Based on his experience with previous mountain pine beetle outbreaks, Twitchell is shocked about what the mountain pine beetle has accomplished this time around. "We started with a 'We can beat this thing' attitude," Twitchell said. "Our past history had said that we can stop this." Efforts across Colorado have proved as futile as those in British Columbia. On the slopes of Mount Werner, Doug Allen said the Steamboat Ski & Resort Corp. aggressively fought the beetle for about six years. They used the same cutting and debarking techniques that successfully mitigated an earlier outbreak of the spruce bark beetle. Allen, Ski Corp.'s vice president of mountain operations, estimated the cost of those efforts at $60,000 a year. "It's disturbing, after all that effort, we lost the battle," Allen said. "It was a lost game from the beginning. They got so ahead of steam that there was no way to head it off." In a fourth-floor office in downtown Kamloops, Dave Cornwell has one job: control the beetle's spread in Alberta so that it doesn't sweep across Canada's boreal forest. "The federal priority is that they don't want the beetle to go across the country, of course," said Cornwell, assistant provincial bark beetle coordinator for British Columbia's Emergency Mountain Pine Beetle Response. "It's been a British Columbia problem up until now." But the mountain pine beetle doesn't respect borders. When mountain pine beetles emerge from dead, infested trees in the summer to fly to new host trees, they typically travel up to six miles. But, with the right wind conditions, they can go more than 50 to 60 miles. A freak wind event in 2006 carried British Columbia beetles straight over the Rocky Mountains into Alberta. Despite the lessons British Columbia learned about "looking backward," Snetsinger and Cornwell confirmed that they are using the same techniques in Alberta: slowing the spread and waiting for severe cold spells. "In B.C., it's had really ideal conditions, but in Alberta and Saskatchewan, you have much different climate conditions," Cornwell said. "It's not real hospitable to ~ beetles." A continental concern? Back at the University of Northern British Columbia, Huber is less optimistic. "The biggest concern is climate, and will the colder winters hold them at bay," he said. "There's some hope just the climate will shut it down, but with climate change In black board shorts and a gray Badlands T-shirt, Huber looks more like a student than a scientist in the school's Ecosystem Science and Management Program. But the casual dress belies a man whose research has serious implications. "One of the biggest worries right now is that the pine beetle is going to escape lodgepole pine," Huber said. Huber and his students are studying the defenses different types of pines have against the beetle and, specifically, how the lodgepole pines of British Columbia compare to the jack pines of Alberta. "We know from experiments that it can do good in jack pines," Huber said. "We have seen things to show us jack pine is less adapted to pine beetle, which is to be expected." Huber said he would be "highly, highly surprised" if the mountain pine beetle sweeps across the country to the eastern seaboard, infiltrating the U.S. through heavily pined areas such as the Great Lakes and Mid-Atlantic regions. On the other hand, Huber doesn't hesitate to call this the "biggest insect infestation of historic times of any insect,"and, as such, he expects some surprises. Huber said, "There's a reasonable chance. If there wasn't a reasonable chance, I wouldn't be looking at it and neither would a lot of other people." Evolutionary experiment While trolling the woods of the Willow Creek Pass subdivision in North Routt County, Twitchell clips his sunglasses to the neck of his gray forest service polo and takes up a hatchet. He comes across what has become a rare site: an unsuccessful beetle. "She's lost the battle," Twitchell says upon finding a beetle caught in a glob of sticky sap on the side of a lodgepole pine. Twitchell said lodgepoles typically are quite successful at spitting beetles out with sap, but in an epidemic of these proportions, the trees are overwhelmed. Even on this tree, beetles that succeeded vastly outnumber the one that failed. Most of the boreholes in the tree have sap on them, but instead of a dead beetle caught inside, the globs are covered in frass, a fine sawdust that signals the beetle successfully worked its way inside the tree. Beetles gang up on a tree by releasing a pheromone that attracts other beetles to the tree. Once the tree succumbs, the beetles release an anti-aggregation pheromone, or what Huber calls a "no vacancy" sign. "The only reason they aggregate is to kill the tree," Huber said. But with their numbers in the hundreds of billions, mountain pine beetles are ignoring their own signals and piling into trees regardless. Beetles also are lowering their typically high standards for large, mature trees. Twitchell said beetles in Grand County have attacked trees as small as 3 inches in diameter; nearly all the literature on the insects says they won't attack trees smaller than 6 to 8 inches in diameter. Twitchell also said mountain pine beetles have been found to attack not only other types of pine trees, but also spruce and fir trees. "More recently, we'v,e watched pine beetles piling into spruce trees," Huber said. "Not many survive, but if they do, they do well, and the next generation prefers spruce." Huber said only 10 to 20 percent of mountain pine beetles survive in spruce trees, and he would be "very highly surprised if they took off in spruce." If it were to happen, it would be an event of evolutionary proportions, Huber said. "These things are older than the dinosaurs," Huber said. "Chances are they've had thousands if not millions of chances for this to happen, with limited successes. Standing in a knee-deep slash pile in north Larimer County, logger Jerry Heggie picks a mountain pine beetle off the back of his neck. His comment is literal and unscientific but sums up the larger issue at hand. "I think the bugs are getting bigger," said Heggie, examining the beetle squirming on its back in his palm. "I really do." Epidemic elicits little wildlife fright By Brandon Gee (Contact) Randy Hampton doesn't mean to downplay the seriousness of Colorado's mountain pine beetle epidemic - especially considering the serious fire and erosion concerns it presents - but he says "it hasn't risen to the crisis level for wildlife." "It's kind of a mixed bag," said Hampton, a spokesman for the Colorado Division of Wildlife. "Animals aren't going to fall over dead. ... Really what we are looking at is a lot of secondary impacts." Hampton said a number of people are researching what effect the epidemic might have on the state's wildlife population, but for the time being, he expects animals to simply move somewhere else if they need to. "Lodgepole pine is not required for the functioning of the ecosystem," Hampton said. "It changes the ecosystem some but not always in a way that hurts wildlife. ... It's a challenge, but from a wildlife population perspective, it's not catastrophic." John Twitchell, a Steamboat Springs-based forester with the Colorado State Forest Service, said cavity-nesting birds no doubt will benefit from the abundance of dead trees the beetle will leave in its wake. Squirrels, however, may suffer from a major reduction in cones. Animals such as snowshoe hares will benefit from the food provided by the young lodgepole pine trees that will replace the trees being killed now, Twitchell said. And what's good for snowshoe hare will, in turn, benefit their predators, such as lynx. Part 3: Boon or Bust? Boon or bust? Some lament, others capitalize on beetle epidemic By Brandon Gee (Contact) STEAMBOAT SPRINGS - In the backwoods of the Roosevelt National Forest in northern Larimer County, woods boss Jerry Heggie has barely introduced himself before he starts hauling the U.S. Forest Service over the coals. "It's a challenge to do any logging anywhere, especially with the Forest Service," said Heggie, of Laramie, Wyo.-based Heggie Logging. "Nine out of 10 forests don't even have a timber program." Heggie's frustrations are deep-rooted, but the past few years have been especially maddening for the third-generation logger. In response to what Heggie considers a bungled response to the mountain pine beetle epidemic, what may once have been irritation is now full-blown contempt. In January, the U.S. Forest Service announced that bark beetles' total infestation reached more than 1.5 million acres in Colorado, nearly all of the state's lodgepole forests. "It's all over," Heggie said. "It really is. It's horrible. And the Forest Service isn't doing anything about it." His teeth are stained by Copenhagen chewing tobacco. In a white hard hat, brown boots, jeans and a filthy "Loggers Lagers" T-shirt, Heggie trudges uphill through chest-high slash piles. He throws out his criticisms recklessly, with no fear of retaliation in the form of losing any work in the national forest. "We'd have to do something illegal or timber theft," Heggie said. "Or threaten them, I guess. It's come close to that once or twice. You'd like to threaten them, but you don't." At the top of the hill, Heggie's 20-year-old nephew, Beau, is in the cab of a harvester with controls that look every bit as complicated as those of a fighter jet. In a dance involving his feet and hands, Beau Heggie effortlessly controls the long-armed . machine, dropping lodgepole pines, stripping them of their branches and setting them aside. Heggie notes the size of the trees being dropped. Although the mountain pine beetle prefers large trees, Heggie is allowed to take trees only about 6 inches in diameter that could, maybe, survive the epidemic. Meanwhile, he is forced to leave behind the larger trees he would prefer and that are surely doomed. Heggie employee Frank "Red" Peters motions toward a tree with a bore hole oozing sap, a tell-tale sign it has been hit by the mountain pine beetle. A band of orange spray paint rings the tree, telling the loggers not to touch it. "I tell you what, we've wasted so much timber around here it ain't even funny, Peters said. "These are the ones that should have been taken. Really, what good did we do?" Heggie can at least take solace in the fact that he is working. The' future holds less certainty. Where there were once five major Colorado and Wyoming sawmills within 100 miles of one another, there is now only one - and the mountain pine beetle threatens even that. Asked what the hardest part of the business is, Heggie says it's "keeping the wood out in front of them." "Right now, it's looking pretty bleak for the next five years," Heggie said. "We like to look into the future and know what we're all going to be doing. Right now, it's hard to say what we're going to be doing." Out of their hands Logging operations fell off dramatically in the 1990s, leading to the mill closures Heggie referenced, but Andy Cadenhead says this was not the Forest Service's doing. "At that time, the public intolerance for the amount of logging heightened," said Cadenhead, a Steamboat Springs-based supervisory forester with the U.S. Forest Service. "That really knocked us back in the form of appeals and litigation." The Forest Service is now desperately trying to revamp the industry in an effort to clear forests of the risks that accompany millions of acres of dead and dying trees. Cadenhead said fuel costs are a major detriment because the large mills closest to Steamboat are in Laramie and Montrose. Besides, there is a finite amount of time before the dead trees begin to crack and lose their lumber value. "I don't know who would ever gamble on such a thing right now," Heggie said. Cadenhead agrees. "Our timber sale program will probably drop back down," Cadenhead said. "We expect that we'll still have timber to sell, but certainly not as much as we're seeing today." Even the industry that does exist isn't necessarily interested in what the Forest Service is offering. The mill Heggie works for, Big Horn Lumber in Laramie, doesn't want dead trees. When beetles attack a tree, they infect it with a fungus that causes the wood to turn partially blue. While the fungus affects only the wood's appearance and not its quality, Heggie said the perception of inferiority means Big Horn can't ma ke a profit off it. "Everything's in green demand," said Heggie, who must limit the amount of blue- stain he delivers to the mill. "It's not that Big Horn won't take blue-stain, but they can only survive on about 10 percent." Localsuccess While operations the size of Heggie's and Big Horn struggle to make use of blue-stain lumber, Cadenhead said some smaller operations make it work. "It's really pretty," Nick Casias, an employee of J Bonn Wood Products in Steamboat, said as he ran his hands over the marbled look of a piece of dimensional lumber. "There's a lot of it, and I don't know why more people aren't taking advantage of it." Owner Joe Bonn said perceptions that blue-stain is inferior are false. "There's absolutely nothing wrong with the wood itself," Bonn said. "Anything you can make out of wood, you can use this wood for. It's just getting the word out." "I've always tried to stay in harvesting dead timber stands because it's more environmentally friendly and these trees need to come out," Bonn continued. "Now there's just way more timber than probably is usable, unfortunately. An operation this size, there's no way. I won't even put a dent in it." The same is true at More Lumber in Milner. "The local demand I don't think will keep up with beetle-kill," Mike Miller said. "A lot of this wood goes to New Mexico, Utah, California, South Dakota. I don't think we'll ever get them all out. No one will." Miller and his business partner, Billy Oerding, have made a career out of following the beetle. For nine years, Miller did most of his logging in Grand County, where the mountain pine beetle epidemic took off in Colorado after annihilating forests in British Columbia and other parts of the Rocky Mountain West. "We were out there doing some dirt work, excavation," Miller said. "People started asking us to take out trees. It just kind of ballooned." Oerding sold his company in California and moved to Colorado to capitalize on the bark beetle epidemic after coming out to look at a beetle problem on a friend's ranch. "I'd been doing the same thing in California," Oerding said. "It's good lumber. It's got a place. We're not out here to rape and pillage. We want to do a good job. We want to be responsible." Oerding said the beetle epidemic presents a decade-long window of opportunity for More Lumber. But while they are surrounded by a ready-made supply for their mill, the surplus has put downward pressure on the price of lumber. The industry also hasn't been immune to the effects of skyrocketing fuel prices and a plummeting housing market nationwide. The market price of 110,000 board feet of lumber on the Chicago Mercantile Exchange has fallen from about $290 when Miller and Oerding started their joint venture together in November 2007 to about $250 today. Inescapable "It gets so cold up here that the lawyers have their hands in their own pockets," Colin Rolston jokes to visitors July 1, Canada Day. In observance, Rolston displayed the Canadian flag at his recently sold bed and breakfast in Williams Lake, British Columbia, but had little other plans for the holiday. From his hillside balcony, Rolston points across the lake at patches of clear- cut forest. People were so upset with the man who logged the treasured mountainside above the lake, Rolston said, that no mill dared purchase his lumber. Rolston doesn't think there should be the same hesitancy to use any of the province's tens of millions of acres decimated by the mountain pine beetle. "I think the real sad part is the bureaucracy in putting the wood to use," Rolston said. "It's going to die anyway, right? Let's do something with it. They're going to die anyway. Use your head." But it's not that simple. Jim Snetsinger, British Columbia's chief forester, said the province is trying desperately to harvest as much beetle-killed timber as possible while it still has value. Snetsinger is responsible for setting the province's annual allowable cut, and he has been increasing it. "What actually gets harvested is driven by the market, not by the chief forester," Snetsinger said. At the Prince George Railway and Forestry Museum in British Columbia, the donations box is fittingly made out of blue-stain wood. "An epidemic like this has never happened in the last 100 years, which is the history of industry in Prince George," said museum curator James Tirrul-Jones, who said the downturn of the U.S. housing market is hurting Canada's industry, as well. "It's occurred at a time when other economic factors just make it worse." Boon The situation is quite the opposite for the woody biomass industry. While lumber mills have been on the decline, within 50 miles of each other, pellet mills in Kremmling and Walden have sprouted on political encouragement and the promise of a boundless supply of dead and otherwise unwanted trees. "As long as I've been talking about this (mountain pine beetle epidemic), I've thought there is a bigger role for woody biomass to play," Gov. Bill Ritter said in May at Soroco High School in Oak Creek, where students will be the first in Colorado warmed by biomass boilers fueled with wood pellets. "We know there are some cost impediments, but this is certainly something we need to think about in scale." The cracking that eventually makes dead trees worthless for a sawmill is not an issue for the two pellet mills. "We let the loggers do what they do, and they in turn have a place for all the beetle- kill," said Bob Stahl, plant manager at the Rocky Mountain Pellet Co. in Walden. "We're probably the biggest solution to a catastrophic problem. Sawmills only have a couple years. I can use them eight to 10 years." At the Confluence Energy pellet mill in Kremmling, owner Mark Mathis is counting on a timber industry revival that will make his mill viable for several decades. "It needs to be commercially thinned," said Mathis, who thinks the U.S. Forest Service will recognize that in the wake of the mountain pine beetle epidemic. Stahl and Mathis also are relying on the maturation of the U.S. market for wood pellets, which have been popular in Europe for many years. While showing off his pellet mill and describing some of its components as "a giant coffee roaster" and "the world's most expensive pasta press," Stahl said it's not a long shot, especially with current fuel prices. "Bottom line, fossil fuels are going to go through the roof," Stahl said. "A lot of people, including your smaller municipalities, are looking at alternatives. ... Europe is years ahead of us. We're in a catch-up mode now." Less worried While the mountain pine beetle has had top-to-bottom impacts on British Columbia's forestry industry, few expect the same impacts on what has replaced it as the province's No. 1 industry: tourism. Tourists packed the visitors center in Kamloops, British Columbia, on the eve of Canada Day, and cyclists filled Tranquille-Criss Creek Road the next morning. "Tourism is growing because (British Columbia) is sort of the last frontier," Rolston said. Sandy Evans Hall, executive vice president of the Steamboat Springs Chamber Resort Association, feels similarly about Northwest Colorado. "So far, I haven't seen any impact from the trees," Evans Hall said. "I think the impact we're seeing now is more economically driven. ... People are still coming to the Rockies and looking for that Colorado vacation. In terms of people coming to visit 1Â¥ and staying in our lodging, I don't see that changing. On the slopes of Mount Werner earlier this summer, Doug Allen admits the mountain pine beetle has, and will continue to have, a visual impact on the ski area. "Anytime you have a devastating event like this in a forest that you love, it's hard, no doubt," said Allen, vice president of mountain operations for the Steamboat Ski and Resort Corp. "Some of these grand old pines, they're beautiful trees. The aesthetics for several years will definitely be affected And whatever we do, it will be expensive. There's no way you go through an event like this without it being very expensive." Beyond this, you're hard pressed to get Allen to discuss the mountain pine beetle epidemic in anything but optimistic terms. He notes that most of the resort's lodgepole pines are on the lower mountain, where their deaths will create opportunities for new ski runs. "Steamboat has always suffered from a lack of readily accessible beginner terrain," Allen said while walking through the ski a rea's Rough Rider Basin. "Our next real opportunity for developing novice terrain is in this area. (The epidemic) really gives us some opportunity to create some beginner terrain near the base of the mountain." Allen said Ski Corp. will remove only hazardous trees this summer while it hammers out a more comprehensive plan for mitigating the beetle kill. "This is our first priority: the safety of the skier," said Allen, pointing at one dead tree hung up in another on the side of a ski run. "We haven't gotten into wholesale logging just because we're still trying to work with the Forest Service." Allen arid Evans Hall make comments that suggest the mountain pine beetle might give Steamboat a competitive advantage when it comes to tourism because of the diversity of its forests when compared to nearby resort destinations such as Grand and Summit counties. "We're very fortunate here in that this is a very diverse forest," Allen said. "We really only have pockets of intense lodgepole. As you look up the hill, you can see red trees, but they're in mixed stands. When the needles fall off the trees, it will be hard to tell a difference." Property values Bob Bomeisl's hidden house is about to be exposed. "They're pretty special to me, especially this one," said Bomeisl, referring to the doomed lodgepole pines in his Steamboat Springs front yard and the one that shields the front of his house in particular. "It's like the entry to my house. You can't replace a tree like that. "I noticed the bore holes, and I knew it was sure death I guess when it doesn't affect you, you don't think about it too much. But when you're affected by it, you're just shocked at its speed." As a real estate broker, Bomeisl understands the effect the loss could have on his and his neighbors' property values, but he thinks vacant lots will be affected the most. "There is an impact," Bomeisl said. "I can't say that impact has been affecting values as of this time, but it could in the future." Realtors in Grand County say current economic conditions make it nearly impossible to single out the mountain pine beetle's impact. "If the economy was still doing what it was doing two years ago, would there be less activity because of mountain pine beetle?" Winter Park Realtor Cliff Anderson asked himself. "My answer is 'yes.'" Off the clapboard sidewalks of Grand Lake, Elwin Crabtree, a 40-year veteran of the Grand County real-estate market, is less certain. He said the beetle initially had a negative impact on the market, but that it rebounded shortly thereafter. Crabtree said Routt County should expect the same. "I think you'll expect a negative impact on the real estate market for a couple of yea rs, but then it will level off," Crabtree said. "We're not seeing distress signals here." Crabtree said most impacts on property values are site-specific. If the loss of trees reveals your neighbor's junk, your property value may go down. But for Crabtree and others, the opposite was true. "We were upset at first," Crabtree said. "Now, we have a 180-degree view of the Continental Divide." A 't Wood pellet biomass 1 111 All -, :I-_11,4*,---,-f =â€¢r- - 1-â€¢ 1. 4-1 â€¢*24,4,2*W If 72.0,#32 -It--393'094 .Â·i~~i~g*-: 22-5-1;4:%34{Â¢~Â·. _~ ,- 1 -4--Â«-1 2 -F = 0-1 71-- 44'Â· Â·Â·Â·Â·â€¢ Trees Lumber Sawdust Wood pellets - 6 |feeS lifit Floceged ~m iev me hawaRd '3.8 51'/In," j %3111 E./HE;R FAQs Natural carbon cycle 4â€¢ 1 Fl U C }6 /2,/ ' 1.- ni I.'16 0 59.u !/. A# 62 -,1 1 1 2, 01 1~. 1- 1 - 4, i.fc: n 4 1A 1,=,rÂ·~,~ fi flAUCâ€¢C; Â·lf> C Â·-Â· f.1 Â·- ..iÂ·Â·Â·Â·:Â·:'rÂ· 'tiâ‚¬f14*iy ~15{Â¥ : . f, ..rm JJ Â·Pe,4.:. 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Everi 'AtiWi:Â·.,::Iing bionit{$3 p, .3$:i' :Â·:i.Â·'-c':s (-:'boit:, it t,+20 ro"fitrinn, rort rif lsâ€¢-:,4 5-Â·: -Â·-Â·-' U A -*-Â· â€¢;"CÂ·"r C j '7 {bfo,uino filant le. A g L,9 1 OU.-3011 * ArDL 91 u Â· I I -I , J it 0, 1,3 :'U. 4-1,6.. .. W as much as 40 percent 50UaIS: (1Â¥08O0Sr,UE-f-0557-58794& +41#449 (EESYLP,76Â£WlM.FAE GRAPHIC: NICOLE MIUER/STAFF Beetle legislation 2008 state bills soften beetle's blow to pocketbook . H.B. 1110 For income tax years 2009 to 2014, establishes a state income tax deduction for 50 percent of a landowner's direct costs in performing wildfire mitigation measures on his or her property. . H.B. 1269 For fiscal year 2008-09 to fiscal year 2012-13, provides a sales and use tax exemption for sales, storage and use of wood products such as lumber, furniture and wood chips that use wood from salvaged trees killed by or infested with mountain pine beetles. . H.B. 1318 Creates the Beetle Mitigation Fund to be administered by the Colorado State Forest Service and to mitigate beetle infestation on state-owned land. â€¢ S.B. 71 Extends the Forest Restoration Pilot Program, which solicits proposals for experimental forest restoration projects that protect water supplies. â€¢ S.B. 221 Authorizes the Colorado Water Resources and Power Development Authority to issue up to $50 million in bonds for the purposes of funding watershed protection and forest health projects. Source: Northwest Colorado Forest Health Guide, 2008 The last stand: Driving up the interior of British Columbia is like watching the death march of a single tree hit by the mountain pine beetle. The dense forest is lush and green in the south. Trees slowly turn shades of orange and red farther north, on the fringes of the beetles' current spread. It starts with a tree here. Another there. Then an entire stand. Before long, entire hillsides are afire. If you didn't know what the ruby-tinged countryside signified, you might consider the vast and startling sight appealing, or even beautiful. But continue on, and there's no mistaking the calamity. The red- needled trees eventually are replaced by their inevitable successors, and thorny, gray expanses conquer the landscape. Winds of change Unique storm carries beetles to new locales n A i E- 9 5 03" fly Up to b A f'eak. .......i a,'ent in 80&31 Colce-'. 2. 99<41<t ~ift)2;[3 â‚¬#15fPPL 5Â·:ri 1 ---1-Â·1 61*202 ho !-Â·snrne, Â· 4 0 7. 1- : Â·Â·- Â·Â·-1 nucr ; f~f--l i~2 '. UN-'W.7, ti dÂ·4 ,<.. G....% I.:.,w~* L Â·Â·.Â· IÂ·- -â€¢. â€¢Â·â€¢Â· Â·Â· - IÂ·Â·Â· Â·Â·Â· .Â· .... -, t U~ 4.. s '3072 tcft #ec :2 1 $ 4 ..... 63 5-''ES 5 mles 0. A % Alberta 4 '. 4. r .4 British Columbia A, .. 1 + 1% . 1 AL f 4 1 6 + L - 0 07 2 111 r 49 'E 01 i lit' 1 +14 9- I i 0 i' *-A I \, '4 **~*4~----f J 17 1 Ill 1 LI -2 -1 + 4$ 44-* -- - 94=-0*- S. ;11 1=.1 -6_ 2: 'll :,1 2 2,026 . ..1./ ' 7, * I ./.-4 t 1 1 11 Vill:ic, E--3-- - i~99-iti~ #th/'/an#+ - 66 - 1461*LE~IllrN -' I-Â·am33.2,25,,,C: 4 K.**44. f-'4'-- i l. 1 y UX=/733=~=3..m--= 1~ 9 :-10*33-9 - 1 11 $ I | L, 1 ~' -~ 1 _ L,2- 1- -* 1- .1 I 'TM AdY Rocky Mountains - 11Â£ ill 1 111 1 11 ill ._frtli, c Photo by Nicole Miller Colorado by the numbers Acres impacted by mountain pine beetles Routt County 79,456 (2006) 134,080 (2007) +54,624 (change) Jackson County 149,512 (2006) 252,170 (2007) +102,658 (change) Grand County 287,982 (2006) 273,979 (2007) -14,003 (change) Summit County 39,070 (2006) 50,974 (2007) +11,904 (change) Eagle County 60,381 (2006) 48,500 (2007) -11,881 (change) Larimer County 3,152 (2006) 121,104 (2007) +117,952 (change) Boulder County 1,600 (2006) 26,200 (2007) +24,600 (change) Gilpin County 1,936 (2006) 16,250 (2007) +14,314 (change) Clear Creek County 7,904 (2006) 29,493 (2007) +21,589 (change) Park County 15 (2006) 2,850 (2007) +2,835 (change) Lake County 1,903 (2006) 3,535 (2007) +1,632 (change) Pitkin County 2,294 (2006) 1,209 (2007) -1,085 (change) Chaffee County 2,291 (2006) 2,123 (2007) -168 (change) Source: U.S. Forest Service aerial surveys Yukon Territory Northwest Territories 97 77 Alaska*~1 37 British Columbia 97 Alberta N Â» {*son Creek 97 11 Macie(ele. Pacific Ocean 16 PrinDE,George prince Rupeii 16 G..2 Â· . 97 5 r Key . Kambops 5 95 97 6 ~7, loat area anected - Â· IKelown 3 by pine beelles i Â· 8 5 3 3 - Province lines A 404e â€¢Vancouve, 3 Montana - HÂ©Imays, roads N | 1 inch - 171 miles i " Mfashington ID British Columbia by the numbers . The cumulative area of British Columbia affected is estimated at 33.3 million acres, about four times the size of Vancouver Island. . British Columbia is thought to have three times more mature lodgepole pine than it did 90 years ago, mainly because equipment and techniques for protecting forests against wildfire have greatly improved. . 52 percent of lodgepole pines have been killed in British Columbia. . 76 percent are expected to be dead by 2015. Wood-fired boilers gaining steam Electricity presents bigger hurdles than heat By Brandon Gee (Contact) Oak Creek and Milner are on the cutting edge of a new energy frontier. The two small Routt County communities have characteristics, including their size, that make them better suited to take advantage of the state's mountain pine beetle epidemic in ways that may not make sense for larger communities. Earlier this summer, Community Energy Systems President Brett Ken Cairn announced that he is in talks with the Milner Landfill and the adjacent More Lumber sawmill about the feasibility of building an "eco-industrial park" on the site. The envisioned Milner Energy Park would take waste from one operation and use it as a resource for another. Wood waste from the mill would be combined with municipal waste from the landfill to fuel a biomass power plant at the hub of the park. The primary waste product of the power plant - heat - would be used to heat a dry kiln building proprietors Billy Oerding and Mike Miller hope to construct at the More Lumber sawmill, which works exclusively with beetle-kill wood harvested on private land. "It's moving toward total utilization of materials," said Ken Cairn, who also is performing a feasibility study of a biomass electricity facility in Walden for Mountain Parks Electric. Ken Cairn put the cost of a quarter-megawatt facility at $1 million and said it could be built in two years. Xcel Energy's coal-powered Hayden Station produces 446 megawatts of electricity. Ken Cairn expects rural electric co-ops such as Yampa Valley Electric Association to be supportive of such facilities because of state-mandated benchmarks for the percentage of their electricity that must come from renewable sources. Ken Cairn said total-utilization facilities are the only way to turn wood into electricity with any amount of economic viability. "It's the least valuable thing you could do with wood," Ken Cairn said of electricity generation. "We need to find ways to reduce the cost of the feed stock and improve the efficiency of the utilization. I would assert that you can't go out and harvest trees for energy alone. ... I don't think it's sustainable." Ken Cairn said the most appropriate use for wood is heat. In Oak Creek, residents are taking a serious look at becoming the first biomass-fueled municipality in the nation. Mark Mathis, of Kremmling wood-pellet mill Confluence Energy, said the economics work because of Oak Creek's size, its lack of paved streets that would need to be torn out to install water lines, a plethora of cheap fuel provided by the mountain pine beetle epidemic to heat those lines, and the fact that the town relies on expensive propane for heat. "It's eating their lunch," Mathis said of propane. "Why not use a perfectly good resource at your feet?" Wood-fired heating systems have proved successful on smaller scales. The South Routt School District and the National Renewable Energy Laboratory in Golden will soon put such systems to the test, and officials with Boulder County Parks and Open Space swear by their system. Boulder County uses wood waste from its thinning operations to heat a five-building . complex. In a worst-case scenario, the system should pay for itself in 20 years; with current natural gas prices, it will do so in seven, Boulder County officials said. At NREL, mechanical engineer Chris Gaul said a "renewable fuel heat plant" will warm a 400,000-square-foot laboratory and cut natural gas use by 80 percent. Gaul said wood fuel is $2.50 per million BTUs, while natural gas currently costs $11 per million BTUs. The project estimates for the heat plant assumed natural gas would cost just $8 per million BTUs. Part 4: The Red Scare Dying forests increase wildfire danger across the West By Brandon Gee (Contact) Close your eyes, and a 3,000-acre wildfire on the banks of the New Fork River in Wyoming's Bridger Wilderness crackles deceptively, like a soothing campfire. But any sense of security is shattered quickly by the blaze's more violent noises. The sounds of falling century-old pines clap across the meadow like gunshots, and the fire roars like a passing train when trees suddenly torch from the ground up. On the morning of July 31, smoke hangs low like a blue-tinted fog over the lakes and pastures of Sublette County, Wyo., obscuring mountain views and filling the air with a smoky scent even in Pinedale, about 20 miles south. Officials think the blaze, dubbed the New Fork Lakes Fire, was caused two days earlier by an abandoned campfire. An incident command post is just sta rting to take shape at a fire that will quadruple in size in less than a week, forcing temporary area closures and an increase in firefighting personnel from 162 to 323. Semis and moving trucks roll into camp delivering food, water, Gatorade, showers and other supplies that will allow wildland firefighters to work 14-day shifts. Radio transmissions fill the air as Steve Markason huddles with others around a map discussing strategy. The forest surrounding the command post is interspersed with the tell-tale red needles of trees killed by the mountain pine beetle. "This (wildfire) will go until it rains - hard," said Markason, who leads a helitack crew out of Jackson Hole, Wyo., and is training to become an incident commander. "It's burning really nicely." Having just finished a course in ecosystem management - and a final project on the mountain pine beetle's relation to hazardous fuels - Markason has been thinking a lot about how fires will behave in the West's dying forests. The same is true of officials in Northwest Colorado, where the devastation of lodgepole forests is more total. Many are fearfully wondering what will happen when a red sea of beetle-kill trees turns orange with flames. And Bob Kittridge is surprised we have yet to find out. "I think we dodged the bullet last year," said Kittridge, crew chief of the El Paso County Sheriff's Office Wildland Fire Suppression Team. "How? I don't know. It's truly not an if. It's a when." Worst to come In an epidemic unprecedented in its scale, the mountain pine beetle is decimating forests across the Rocky Mountain West and beyond. In just three to five years, the majority of Colorado's large-diameter lodgepole pine trees will be dead. Of all the concerns the devastation raises, fire stands out in the eyes of many. At the Colorado Wildland Fire and Incident Management Academy at Western State College in Gunnison in June, Kittridge told his class of introductory students what seemed to be the only logical conclusion. "It's dead," he said. "It's dry. It's going to catch easier. Fuels are taking on the same characteristics of slash, except standing up, which is more dangerous due to crowning." A crown fire is one that advances across the tops of trees or shrubs, more or less independent of a surface fire. "If you've got dead needles still on the tree, that's going to act as ladder fuel," said Tara Mehall, a state forester based in Steamboat who attended the academy, "so you're going to have a pretty active crown fire." That's bad news for Mehall, Kittridge and others tasked with putting out such blazes. "We just don't do very well with crown fires," said Dave Steinke, a U.S. Forest Service spokesman. In British Columbia, where the mountain pine beetle has claimed 33.3 million acres of pine forests, Jim Snetsinger said there is science to back up Kittridge's conclusion. "We've done some research into fire behavior in red, dead stands," said Snetsinger, the province's chief forester. "My sense is it burned a lot quicker. It can carry a crown fire pretty quickly. It can run pretty quickly." As alarming as the current situation may be, Markason and other fire experts say the worst dangers are to come. Dense concentrations of heavy fuels on the surface make for more intense, scarring fires, Markason said, and that's exactly the type of fuel loading in store for pine forests throughout the Rocky Mountain West. Andy Cadenhead, a Steamboat Springs-based supervisory forester with the U.S. Forest Service, said there is an elevated fire risk while red needles remain on beetle- kill trees. Once those needles fall off, fire risks fall to pre-epidemic levels or below. But there is a second and greater elevation in risk when trees fall to the ground, one that Cadenhead said could last decades. "It's at least a decade away," Cadenhead said. "It may be several decades away. ... Fires with these conditions are probably going to be detrimental to the regeneration of the forest" because of their impact on soil conditions. Action or ashes On the afternoon of June 11, light snow covered the ground and damp trees filled the forest along Routt County Road 36. While evidence of the mountain pine beetle epidemic could be seen on standing dead trees and ones that had fallen to the ground, its dangers were easy to ignore among the overall calm of the Strawberry Park forest. But the sense of danger heightened as a bone-chilling gust of wind hit a damp sweater, and the unmistakable pop-shred-thud of a falling tree filled the air. The tree fell harmlessly, but that's not always the case. Routt County Emergency Management Director Chuck Vale hopes people don't have to be scared into addressing the risks posed by the county's glut of dead and dying trees. He is trying to figure out how to change the out-of-sight-out-of-mind mentality of many Routt County residents. At breakfast earlier that morning, Vale motioned with exasperation at a snow- covered sidewalk out the window of The Shack Caf-6 in downtown Steamboat Springs. Vale doubted many were worrying about wildfire on such a morning. "The challenge I'm having in Routt County is the mitigation side," Vale said about efforts to get residents to safeguard their homes. "I think our worst enemy to get that done is this snow. We just about get people engaged, and then it snows. ... I'm getting a sense that people don't understand the risks around them." John Twitchell, a Steamboat Springs-based forester with the Colorado State Forest Service, shares Vale's concern. While touring the Willow Creek Pass subdivision in North Routt County nine days later, Twitchell pointed to homes surrounded by enormous dead trees. "That's not a firefighter's dream," Twitchell said. "More a nightmare. This is what's got us concerned is thick, thick pine like this adjacent to homes. ... There's a surprising amount of homes at risk." Twitchell was touring the subdivision with North Routt Fire Protection District Chief Bob Reilley and Willow Creek Pass homeowner Dave Hessel. The three were discussing a wildfire protection plan that involves the creation of fuel breaks on public lands around the subdivision and the creation of defensible space around the homes themselves. Twitchell said such an approach is the only way to effectively address such a widespread catastrophe. "What I see is everyone at first tries to attack this by themselves," Twitchell said. "But coordinated action across boundaries is always going to have the best outcome." Reilley said fuel breaks and defensible space help eliminate the difficulty posed by crown fires. "That's what the fuel break will hopefully allow us to do," Reilley said. "Get fire to the ground where we can fight it." Twitchell stressed the importance of creating defensible space around homes by noting the limited resources that exist for fighting wildfires. He said firefighters sometimes must decide to let one house burn in order to save two others. "Unfortunately, it comes down to those kind of choices," Twitchell said. "Everyone thinks we can put a fire truck on their home, but there's no guarantee any of these people are around on a given day. How many firefighters are we going to muster with volunteers? Depends on the day. "You've got to do something to help us. Our first rule of thumb is to keep us safe. We're not going to do you any good if we're crispy critters." Difficult necessity "At times, you couldn't see the eight buildings," said Neil Willems, building and grounds superintendent at the YMCA of the Rockies' Snow Mountain Ranch in Grand County. "The smoke was that intense. You didn't know what was going on." The ground still crunches beneath footsteps at the scorched site of the June 2007 UY Fi re." Pine needles - once green, then red, now black - cover the remains of an old fireline that snakes through the torched forest. Grounds foreman John Carmichael said the fire went from the ground to the crown in about 30 seconds and carried active flames for five to six hours. "You could see the flames shooting out above this rise," said Center Director Julie Watkins, motioning out the window of her office at the ranch. "That situation made believers out of people who were not being aggressive." Watkins deals daily with the "real difficult" decision to start clear-cutting the property of dead lodgepole pine, which makes up an overwhelming majority of the ranch's tree population. "We're bn schedule to complete the logging of areas really key to defensible space," Watkins said. "Anci then we get to start dealing with the trail system." Snow Mountain Ranch is a place that relies heavily on return visitors, sometimes across generations, and the removal of trees has changed one of the most cathartic experiences of visiting the ranch: a heavily wooded and tranquil arrival that served as a shift from U.S. Highway 40 to the ranch. "You transitioned into this special place that their families have been coming to for years," Watkins said. "Suddenly, we were disrupting that memory for them. But from a safety standpoint, we just had to do it." On July 11, Leela Nadler, a Colorado State University student, sat with a group of girls on a footbridge over a small creek at Snow Mountain Ranch. She's been coming to the ranch for 15 years to attend the Indian Nepalese Heritage Camp. "When I came here as a kid, there were trees everywhere," said Nadler, who was at the camp's kickoff cookout. "It's really sad." Across stump fields, several nearby buildings were visible from the picnic area, but Nadler said she remembers a time when the trees were so thick you couldn't see any of them. Paradoxically, Nadler has lost her bearings with the increased visibility. "I actually have a hard time finding my way around," she said. "It's still really nice. It's just sad because it doesn't look like it used to. I guess I'll get used to it." While difficult, the blow is certainly being softened by the knowledge that clearing operations may have saved some of the ranch's largest buildings from last year's fi re. "I'm very confident that if we hadn't done our logging, we would have lost eight buildings," Watkins said. "It was clear that we saved structures because of clear- cut." Costly cuts Clearing trees from a property cari be difficult for more than sentimental reasons. Tree removals can be expensive. Prices are increasing with the amount of work being created by the mountain pine beetle, sometimes approaching $100 a tree. "Some of these tree removals are probably asking people for more than they paid for the lot years and years ago," Carmichael said. Even with the volume of logging under way at Snow Mountain Ranch, there are no loggers willing to pay for the wood or remove it at no cost. "We don't profit at all from the removal," said Willems, who noted that the ranch tries to use as much of the wood as possible in such forms as fences, benches, parking iot barricades, wood chips for playgrounds and firewood bundles for sale at the front office. Snow Mountain Ranch is supported through fees for services, membership fees and donations. At Red Creek subdivision in North Routt County, homeowner Jim Burton said he and his neighbors might have been able to make a profit off their trees had they recognized the need to remove them earlier. "It's simple supply and demand," Burton said. "It's a shame we didn't do this before. Now, we're just hoping to minimize our expense. "We've just got to deal with it from a fire danger standpoint. It's very significant, and it's going to be worse next summer." A modified approach There's a few days growth on Markason's beard. He coughs sporadically throughout the day, blaming it on a career of inhaling smoke and dust. Behind a pair of sunglasses are the tired eyes of a man who lied awake two nights earlier, watching the New Fork Lakes Fire glow orange off the mountainsides, appearing to be closer and more intense than it actually was. He drives to a staging area near the Willow Creek Guard Station, where Hotshots with dirt-covered faces and cloudy eyes emerge from the woods - pulaskis, shovels and other tools in tow - after constructing a fireline. Another Hotshot crew immediately replaces them, its members already sweating under the weight of the required dark green pants and bright yellow shirts made of flame-resistant Nomex. While property owners face potentially enormous bills to protect their homes from wildfires, Markason notes that officials are trying to spend far less money than they used to fighting the blazes. At the New Fork Lakes Fire, firelines are being constructed to protect private property and a Boy Scout camp, but the fire is otherwise being allowed to burn unimpeded into the wilderness. "The big take-home message for fires like this is we're taking a different approach," said Markason, who says he's interested in disturbance ecology and the diversity it creates. "This is pretty much doing naturally what it's supposed to be doing. It's leaving a mosaic on the landscape." The different approach to wildland firefighting is called appropriate management response. It's a resource-management driven approach to wildfires, as opposed to the suppression-driven methods that have dominated the past 100 years. Many think those methods contributed to the mountain pine beetle epidemic by allowing lodgepole forests to grow too thick, old and susceptible to a beetle attack. "Smokey Bear has done a really good job of convincing people that fire is bad," Kittridge said. But attitudes are changing. In between bites at The Shack Caf@, Vale explains one reason appropriate management response is a tough sell. Firefighters like fires, Vale said, and they like putting them out. This suppression-driven attitude was evident in Kittridge's introductory class, where the eyes of young firefighters glazed over when discussion turned to appropriate management response. But while it's not the sexiest course of action in the minds of these students - who eagerly waited their turn to try out a drip torch - it may be even less appealing to property owners who find themselves in the vicinity of a blaze. Kittridge told his students that gung-ho suppression was largely the result of public pressure and "ranchers who have a senator on speed dial." , "Of all natural disasters, fire's the one they expect us to control," said Lynn Barclay, a Craig-based fire mitigation education specialist for the Bureau of Land Management. "With fires, people expect us to be superhuman. ... We haven't allowed fire to play its natural job." Resource management aside, officials say the mountain pine beetle epidemic creates environments so dangerous that they simply won't send firefighters into them. "There isn't a tree or a house that's more important than a life," Kittridge said. "They grow back - both of them." Kittridge told his students that standing dead trees, known as snags, are the second- leading cause of all wildland fire fatalities. Colorado now has 1.5 million acres of snags created by the mountain pine beetle alone, and anything from a gust of wind to a footstep can bring them down. "YouÂ·don't hear them," Steinke said. "You can't see them. They just kill." While Cadenhead doesn't agree that fire suppression was a contributing factor to the mountain pine beetle epidemic, he does agree that fires should be allowed to play more of a natural role in the absence of other management options that help foster age-class diversity in the forest. "Last year, we played with (appropriate management response)," Kittridge said. "This year we're putting it in place. There's going to be some changes. "Why don't we ride horse and buggy anymore? Because we found a better way." Dead trees cause many dangers By Brandon Gee (Contact) At Rockin's River Resort north of Prince George, British Columbia, Horst Schulz is experiencing a consequence not often associated with the mountain pine beetle epidemic. "The flooding has gotten tremendous now that all the pine are dead," Schulz said. "I had to take a boat to the house for about a week this year." Schulz said high water forced him to push his campground's opening date back an entire month this year, from May 15 to June 15. "There is an issue with hydrology," said Jim Snetsinger, British Columbia's chief forester. "These trees aren't there any longer to suck up water from the ground. Where does it go?" Hydrology joins other smaller concerns such as water quality and blocked accesses in looking at the fallout from the North American West's massive mountain pine beetle epidemic. With 33.3 million acres already impacted by the mountain pine beetle in British Columbia, Snetsinger is estimating it will be 10 to 15 years before the province's hydro balance returns. Nonetheless, Snetsinger said there are too many other factors at play to blame the type of increased runoffs Schulz experienced on the pine beetle alone. Andy Cadenhead expects similar impacts in Colorado. Of particular concern are slides and other mass soil movements that may occur when the ground is saturated with water formerly absorbed by lodgepole pine trees. "One thing that appears to be happening was while these trees were green, they were taking up an incredible amount of water," said Cadenhead, a Steamboat Springs-based supervisory forester with the U.S. Forest Service. "Well see the water table essentially rise in the forest. If we get wet years, it will certainly increase our flooding potential." Like Snetsinger, Cadenhead said flooding is a minor concern when considering the impacts of the mountain pine beetle epidemic. Another risk is falling trees, not just ones that could hit people, but also ones that could block roads and trails. "I think it's safe to say there's a time period of about 15 years where most of the trees are going to come down," Cadenhead said. Water quality also is a concern, Cadenhead said, and one that increases substantially if and when there is a fire. The potential for sediment and ash to enter watersheds increases substantially after a fire. Officials often cite the 2002 Hayman Fire, the largest wildfire in Colorado history, whose impacts on water quality still are being dealt with. "When a fire burns through an area really hot," said Nan Stinson, a Pinedale, Wyo.- based spokeswoman for the U.S. Forest Service, "basically all the stuff you see under ' our feet that holds the topsoil in place is gone." 1 J Â®4GFL,19 A 2- r 5-, t| ;%- - 0 11 1 11 1 1 lin 1 111 FE 171 4 , L J , 4 1-1 01 1 1,11,-4 1.21 1~1 11 1 ' 1.1- 1 1 1 11 -111 1=64*Teâ‚¬._ ' '"2 - ' , r' 1 - 6 -1 - 5 1!1111-1011 7 ' ~ ' ' '11111-11=71 1-1 ~1 ...Ittlflif49-f[1JEE#HYJFW-~~'~LI L#,i | -1 t 1 1 111 1 i 111 - 41 1 11 11 1 1 L.21 6 4#:'Jaf.-'~r/*A~*515 -t--40,3 i,-!*, ~7 -::Ui,-1- 1 '-+Ejqj-5 , 7'2*1~-41, Â®dk 1 144 - - 11 24461 4-3â€¢04Â©=-2-1, dEDÂ»zilÂ·ENO]tib:,i-- ~, ' ' 2 i Â·MK- 1- 31't mt".r - a 3:1 1 4-1 + 4% L I -11:14'14W~~ 31-./ 4 --- - --L@LL 1 -4 11' - 4 ~l.~..=C--~~. ; I ~ ~~'~.,.the~'"4'F 1- -41 Charred lodgepole pines stand on a hillside above the New Fork Lakes in the Bridger-Teton National Forest. Part 5: Rebirth As dying pines are mourned, a new forest is emerging By Brandon Gee (Contact) When Charlie Cammer built his wife, Barb, a bookcase out of blue-stain wood eight years ago, he couldn't have been prepared for her response. "Can you make me a house like that?" Cammer said his wife asked. "And here we are." Where we are is inside a first-floor bedroom of Cammer's house in the Badger Meadows subdivision of North Routt County. The room is darkening with the day. Cammer sits on the edge of a crisply made bed, staring reminiscently across the room at the bookcase, remembering his wife's request and the trees that used to populate the forest beyond the window at his back. When Cammer built the bookcase in 2000, he had only first begun to notice lodgepole pine trees falling prey to the mountain pine beetle, leaving a tell-tale blue- *tir.# I ~ stain fungus on the inside of their trunks. As shocking as Barb's request for a house must have been, Cammer was even more staggered when, within a few hundred feet, the beetle provided him with enough dead, blue-stain trees to fulfill it. "She got her wish," Cammer said. And more. From coffee tables to bar tops, Cammer's house is full of furniture with the distinct, marbled look of a beetle-killed tree. Cammer since has built a barn, and he plans to build a second house on an adjacent lot - all out of dead trees. The Cammers' current house, too large for the empty-nesters, is for sale. Losing a tree, let alone hundreds or thousands, is hard. Walking from the blue-stain barn to the blue-stain house, Cammer remembers one of his favorite trees and points to its stump near the edge of his driveway. "It was the biggest, ugliest tree you ever wanted to see," Cammer says tenderly. "I saved the bottom of that tree, and we'll use it again. They're all part of the next house." For the Cammers, reusing the wood has softened the blow of their loss. In the construction of the barn, Cammer and his three boys worked through what he considers an important part of their grieving process. "They're still a part of us," Cammer said of the trees. "It kind of helps us remember what it was like when we first got here. ... The wood's dead, and you're just utilizing that resource and giving it a home." Walking across his property, Cammer is too easily excited to dwell very long on the sadness of lost trees. He notes his new views and points out wild roses and baby firs that are growing up in areas previously shaded by lodgepole pines. Some lodgepoles are growing back too, and while treading carefully through a field to find some, he stops short in amazement. "Look at that," he said, staring straight down at three young lodgepoles barely taller than the grass, "I can't believe I set my foot in the middle of three trees. The rebirth has begun." The next forest While touring the forest near the Willow Creek Pass subdivision in North Routt, John Twitchell makes a similar observation. look at all the cones on the ground," said Twitchell, a Steamboat Springs-based forester with the Colorado State Forest Service. "The next forest is here, it's just waiting to come. ... The forest isn't going away. It's going to grow." Not everyone has had as much time to cope as Cammer. Many Routt County residents are only beginning to lose their trees. Like Cammer, Twitchell described the experience as similar to the grieving process, and he admits he's still working through it himself. "It's emotional, whether it's a single tree in the front yard or a stand of trees," Twitchell said. "Almost every landowner I deal with ... this has a punch-to-the- stomach type of effect. There's usually a little bit of anger, but, eventually, they do get to acceptance." After 24 years in her Strawberry Park home, Peggy Berglund has lost all of her pine trees to the mountain pine beetle. "I'm sad, but it's Mother Nature at work," Berglund said. "Ill replant something - probably not pine." Thick concentrations of same-aged lodgepole pine trees proved unhealthy for pine forests across the Rocky Mountain West. Combined with the right climatic conditions, namely drought, these stressed forests provided what Andy Cadenhead called a virtually unlimited supply of food and habitat for the mountain pine beetle. The result was a perfect breeding ground for an expansion of the pest that has claimed 1.5 million acres in Colorado and likely will kill the majority of Colorado's large-diameter lodgepole pine trees within the next three to five years. "What we're seeing is an intensity of the epidemic that has not been seen since the area was settled," said Cadenhead, a Steamboat Springs-based supervisory forester with the U.S. Forest Service. Although many property owners, like Berglund, are skittish of lodgepole pine after the pain of the mountain pine beetle epidemic, Tara Mehall said it is an unnecessary apprehension. She recommends landowners plant lodgepole pine, noting that it is one of Colorado's fastest-growing native species. A young pine takes about five years to get established, Mehall said, then grows about a foot a year. "It's going to eat all the mature pine and move on," Mehall, a Steamboat Springs- based forester with the Colorado State Forest Service, said about the mountain pine beetle. "Lodgepole pine is here for a reason. It's a native species." Along with aspen, it's also a seral species, meaning it starts growing in natural succession after forest disturbances such as fire, logging or, in this case, insect epidemic. "They're a little bit competitors," Twitchell said about aspen and lodgepole pine. Many foresters are predicting aspen trees to come on stronger than lodgepole pine in the bark beetle's wake. Twitchell said aspen stands have very large root systems that often are lying dormant beneath the lodgepole pine stands they competed with after previous disturbances. "There's pretty general thinking that aspen will be successful," Twitchell said. According to Wayne Shepherd, a retired U.S. Forest Service silviculturist, lodgepole also may replace itself, but only in areas where there is enough sunlight. In mixed stands where other tall trees are surviving as the pines fall, lodgepole could diminish or disappear. Mehall predicts that, eventually, Colorado will have a forest that doesn't look too different from the current one, but that will have significantly more age-class and species diversity. "People need to understand that the next forest is already starting to grow," Mehall said. "As foresters and working for the state, we're really trying to prepare for the next forest. We're pretty much beyond the beetle. We're not going to stop the beetle." 'A teachable moment' After the loss of Colorado's pine forests, Twitchell hopes environmentalists and others will realize there are benefits to forest management from more than a commodity standpoint. Twitchell said the forest has intrinsic social, even spiritual, values that also happen to be economic values. "Managing that takes on more than just making boards," Twitchell said. "You can have the foresight to manage for that value." Also noting Colorado's forests are "a billion-dollar backdrop for tourism," Twitchell said he hopes the public will be more accepting of forest management after witnessing the beetle's devastation. "This is a teachable moment," he said. Tied to that, Twitchell said, is a need for the U.S., a net importer of lumber from far- off places such as Siberia, to create markets for local wood. In Colorado, Twitchell said work needs to be done to correct misperceptions of inferiority when it comes to blue-stain wood. The use of wood ties up the carbon held in trees and helps regenerate the forest, Twitchell said. "It's probably very environmental for us to look at ways we can use local wood, Twitchell said. "What a nice symmetry that could be." Cadenhead thinks the changes in public sentiment Twitchell hopes for are indeed happening, and he sees an opportunity to prevent a similar catastrophe in the future. Cadenhead said tremendous amounts of fire in the mid-1800s reset the clock on many of the West's forests. Forest managers didn't start intervening in these forests until a century later, which he said was too late to prevent a tremendous number of acres from becoming highly susceptible to the mountain pine beetle. "That's the loaded gun," Cadenhead said, "and the trigger is the drought they had." The pine beetle epidemic is similarly resetting the forest, but Cadenhead said foresters now have an opportunity to intervene earlier to promote age-class and species diversity. In Canada, officials are learning to pay more attention to climate change in their forest management decisions. In British Columbia, increasing temperatures have eliminated for more than 20 years the kind of severe cold snaps needed to wipe out a beetle epidemic that has claimed 33.3 million acres of lodgepole pine forests. "It's made us more acutely aware of the risks associated with climate change," said Jim Snetsinger, British Columbia's chief forester. "You have to keep a close eye on what's going on in your forest." , I Snetsinger cited trees moving into new climes as climate changes. In response, Snetsinger said foresters are looking at how to ensure "ecosystem resilience" by facilitating the movement of trees north and upward in elevation. "What we want to try and do is anticipate where trees should go," Snetsinger said. "In this particular instance, the mountain pine beetle is going to do what it's going to do, and we're trying to do everything we can to get healthy, green forests back. ... While it is a natural catastrophe in something of epic proportions, the forest will recover." No regrets John Anarella is more likely to shrug his shoulders than shed a tear at the mountain pine beetle epidemic decimating forests across Colorado and the Rocky Mountain West. Anarella, a Yampa-based wilderness ranger with the U.S. Forest Service, is content to watch the forest evolve and grow as unimpeded as the graying hair that hangs in a braided ponytail down the length of his back. "I'm kind of the preservationist," Anarella said. "I'm not the forester. I'm the curator of the museum. It's my job to show people in 500 years what forests look like without human intervention." Leaning over a bridge railing near Sheriff Reservoir in Rio Blanco County, Anarella points to a thick, green forest below the Flat Tops Wilderness Area. The spruce beetle devastated the area half a century ago, and one of its victims hangs over a spillway beneath the bridge. "There's a forest that was red 50 years ago," Anarella said. "Doesn't look so horrible, does it?" A mix of green trees, shrubs and wildflowers surround the water just outside the wilderness area. "That's what you hope for is this mosaic," Anarella said. "So that when something comes in, it doesn't wipe it all out." Anarella's intimate relationship with Mother Nature is evidenced by the way he calls her "Mom." While foresters and others scramble to respond to and mitigate the impacts of the pine beetle epidemic, this New York native and former musician takes a broader view. "I have a luxury job where whatever the forest is doing is just OK," Anarella said. Fireweed, a purple wildflower that thrives after disturbances, glows brilliantly in the meadows. Anarella's ponytail hangs from a Colorado Rockies hat and sways across a green Yampa Ranger District T-shirt as he walks up Sand Creek Trail toward the wilderness area. He notes aspen groves that likely flourished after the spruce beetle and 20- to 30- year-old fir and spruce trees that rise above, and sometimes directly out of, rotting trees on the forest floor. "There's your new forest right over the old forest," Anarella said. Determining when the new forests will arrive after the mountain pine beetle is a tricky task. While saplings already are sprouting among dead trees and places more advanced in their pine losses, such as Grand County, are starting to see the aspen boom foresters have predicted, Twitchell said most people won't notice the new forest until trees start to rise above their heads. As they leave standing dead trees in their wake, insect epidemics make for a more prolonged resetting of the forest than immediate stand-replacing events such as fire or logging. But regeneration in the pine forests may be quicker than in the spruce forests Anarella toured. Lodgepole pines have shorter life cycles and shallower roots than spruce trees. While a huge green forest below Pyramid Peak in the Flat Tops still is interspersed with silver bands from standing spruce trees 50 years dead, Cadenhead said most dead pine trees will fall in the next 15 years. "It kind of depends on what happens in those stands," Twitchell said. "Natural, undisturbed regeneration will be delayed a little bit. If there's a disturbance like fire or logging, then that next forest ... might get kind of a jump on things." Left alone, Twitchell said, the regeneration could take 20 to 30 years. "It is kind of complex," Twitchell said. "It's not going to be the same everywhere. It's going to take longer than a fire. But removing the dead trees will give the forest a jump." That's exactly what Cammer has done, but not necessarily with an eye on 20 to 30 years out. Standing in front of his house, watching him giddily move from the spot where three baby lodgepoles surrounded his foot to a rapidly growing group of aspens, it's clear Cammer is more than happy with the present. I'm still OK with all these changes," Cammer said. "I'm still thrilled to death to be here. It's not like I'm living out on the prairie. It's OK. I'm not regretting moving here. I'm not regretting cutting trees down. We're just working with nature. And we're still living the dream." Blue-slain wood FAQs -A.Ii 1 i-~ Q. What is blue stain? - -1 114 1-!-rti A. As the nlouil:ain pine b:eetle - f - attacks pine trees, R introduces tongal F - - 1- 4 i -1- I M. spores into the wood. The fungus kills the tree and turns the wood a blue/gray color, 91-- 14Â«4 'C-,trl' 1 1 1 1 1-7Â¥1 Q. Is blue-stain wood still as strong \ 1 -<- :11 - -1 16!6 + \ i p ' A as regular wood? A. Yes, The fungi do riot cause decay or rot problems, Wood lifespan 0. Are the fungi in blue-slain wood dangerous? Beetle-killed tree 1 . A. The fungi are not mold and are considered harmless with aspect to Wood from beetle-killed :wood products and people. M saw mills for three to live yeam after the tree dies. 0. What can be made out of blue- stah woody * 09:L'~ Dry, cracked tree A. The wood can be used to create the same products as regular wood, Aer five years# Sun and rain drys and cracks the such as paneling, furniture trim and other wood products It also can be wood. and it can only burned as fuel. be used as biomass SOURCE: NORTHWEST COLORADO FOREST HEALTH GUIDE. GRAPH\C NJCOU M\UIR/STAIT lisillifillillililll CMS PLANNING & DEVELOPMENT FAX TO: JACKIE WILLIAMSON FROM: FRANK THEIS DATE: 8/28/08 RE: ELKHORN LODGE REDEVELOPMENT This Fax contains 1 page including this cover sheet. JACKIE: ON BEHALF OF ROCK CASTLE DEVELOPMENT COMPANY, I AM REQUESTING THAT THE ELKHORN LODGE REDEVELOPMENT PRELIMINARY PLAT AND PRELIMINARY P.U.D. BE REMOVED FROM THE TOWN BOARD AGENDA FOR THE SEPTEMBER 23, 2008 MEETING. k 122.- 24:,M L).3 4 PLEASE CALL ME IF YOU HAVE ANY QUESTIONS. SINCERELY, FRANK THEIS 3 ~1~ AUG 2 9 2008 L i CMS PLANNING & DEVELOPMENT, INC. P.O. BOX 416 ESTES PARK, CO 80517 TEL/FAX (970) 577-9744 Memo To: Honorable Mayor Bill Pinkham and Board Â·of Trustees From: Jacquie Halburnt, Town Administrator Date: September 19, 2008 Subject: Tree Board Appointments BACKGROUND: The Tree Board currently has three open board seats due to a reorganization of the board makeup. Previously, two Parks Department staff members sat on the Tree Board. In order to provide a greater opportunity for community members to contribute to the betterment of the town, the staff members have been removed from the Tree Board. The staff members will continue in an advisory capacity. Applications were taken for the three open seats (one opening plus the two new openings) and background checks were conducted. According to section 2.08.040, of the Estes Park Municipal Code, the Tree Board shall consist of seven (7) members who shall be appointed by the Mayor with the approval of the Board of Trustees. The term of the members shall be four (4) years. BUDGET/COST: There is no cost associated with the Tree Board. The board members serve without compensation. RECOMMENDATIONS: Appointment of two Tree Board members: Mike Richardson and Sandra Burns. Once the final candidate interview is conducted, a third person will be recommended for the Tree Board. Mr. Richardson has over ten years experience owning and operating a tree service and has extensive training pertaining to insects and disease from CSU and the Colorado State Forest Service. He is also a Volunteer Steward with the Forest Service. Mr. Richardson has lived in the Estes Valley for almost 30 years and currently works for First Colorado Realty. Ms. Burns moved to Estes Park four years ago. Prior to her relocation, she was an executive board member with a small aerospace company in Los Angeles and later with Northrop Grumman, who acquired her business in 2003. She is active in the community, primarily in Rotary projects and Restorative Justice. She is currently handling Forest Management and beetle mitigation for her homeowners' association. Finally, she is a first responder for the "beetle busters" group. Estes Park Convention & Visitors Bureau Memo TO: Mayor Pinkham and Town Board of Trustees From: Bo Winslow - Fairgrounds and Events Cc: Jacqueline Halburnt, Lowell Richardson and Tom Pickering Date: September 23,2008 Re: Surprise Sidewalk Sale BACKGROUND: The Surprise Sidewalk Sale has become a much-anticipated shoulder-season event in Estes Park. It is alwayms scheduled for the weekend before Columbus Day, from 9:00 a.m. - 5:30 p.m. October 11 . The Surprise Sidewalk Sale is open to all Estes Park and 12th businesses, even if they are not located in the downtown area. The sale is advertised locally, as well as in Front Range markets. Due to Ordinance 15-91 pertaining to "containment" within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District), it is necessary for the Town Board to approve a variance to allow this sale to occur. The proposed resolution is attached. Due to a clerical error, the request to enact this resolution is coming from the Events Department directly to the Town Board rather than through the Community Development Committee. While the CDC will meet October 2nd, the first Town Board meeting will take place October 14*, which is after the event is scheduled to take place. BUDGET/COST: All expenses are budgeted. There will be $200.00 in postage and about $100.00 in staff time for printing and mailing. ACTION: Approve Variance 1 RESOLUTION NO. 17-08 WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91 pertaining to "containment" within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District, Number (3) Exceptions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for the "Surprise Sidewalk Sale Days" being sponsored by the Special Events Department that is scheduled October 11 and 12,2008: 1. Hours of operation shall be from 9 a.m. - 5:30 p.m. 2. The Sale Weekend is available to all Estes Park businesses. 3. The Sale Weekend will be held rain or shine. 4. Businesses will be allowed to sell merchandise in front of their store only during the hours specified above. 5. Each business will be allowed one (1) outside selling space. 6. Sidewalk displays shall provide a minimum clearance of four feet for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 7. Those merchants without sidewalk frontage may reserve a space in Bond Park by contacting the Special Events Department at 586-6104. 8. Advertising posters will be provided. 9. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this Surprise Sidewalk Sale Days annual event. DATED this day of ,2008. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Town of Estes Park ~ Public Works Engineering P.O. Box 1200, Estes Park, CO 80517 970-577-3586, qsievers@estes.org Memo TO: Town Board of Trustees, and Mayor Pinkham From: Scott Zum Date: September 23,2008 Re: Traffic & Road Improvements, downtown Background: Staff is working with the Colorado Department of Transportation on a downtown Masterplan to improve traffic flow. This year PW plans to improve the intersedion geometry of the North-Bound turn lane from East Riverside Drive, turning on to East-Bound Elkhom Avenue. Staff plans to use a transportation consulting engineer to design this surface improvement, produce construction drawings, and coordinate approval of the project with CDOT. The project will include a pedestrian safety island between lanes on E. Riverside Drive, and relocating the Signal Pole. A concept drawing is attached. Responses to the RFP were provided by three engineering companies, the results are shown below: Nolte Associates, Inc. Fort Collins, CO $ 6,545 PBS& J Engineering Denver, CO $ 12,894 Felsburg, Holt & Ullivig (FHU) Centennial, CO $ 16,920 Budget / Cost: the 2008 budget contains $100,000 in the Community Reinvestment Fund, for this work. (page 174, acct # 204-5400-544-35-51) Recommendation: Staff requests to hire Nolte Engineering at $6,545 for this design work. We further request to hold an additional $ 3,455 as contingency for unforeseen chAnges required due to field findings, modifications in design criteria, or CDOT requirements. Total requested allocation for this work is therefore $10,000. â€¢ Page 1 T .N T 'T 1 1~31 F -a < -i T~1 f'~1 f 2 1 i TF , - 1 4 ANTERSE'('770Â·V 0/'' A'/,A'ljORN ..1 FE & L'.4.57' Ril,ERS'/ %,4.~, POLE â€¢ND Â·Â·Â·ph, ~ m. *'H''r - A.,Ir[ 5.-1---Â·-- -I '.. . I Â· - \ 44 j X 04 <\ '-Cy*~- (. j e * M . 1 1 131.4-, 7 .El>i, - i . , 2 4 84 - 1 ' --- - Fll -- 1.4 - * r.4 .a %..... . 1, â€¢ M.. flo. -, F ,- c. A \\ 4 4-ir â‚¬--5. 4 6. 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AD#5 3â€¢5[0 01Â¢ 3 I - 80,45 Â·Iâ€¢P ,/â€¢becâ‚¬C . ---' E_...... '.2 L. '' 0- 00 30â€¢.i Memo Date: September 18, 2008 TO: Mayor Pinkham and the Board of Trustees From: Gregory A. White, Town Attorney RE: Big Bear Estates Annexation The petition for the annexation of Big Bear Estates Addition to the Town of Estes Park was executed by Carol Zahourek, Jerry Zahourek and Valeria Zahourek-on May 14,2008. The annexation petition was the standard annexation petition. Section 15 of the annexation petition states as follows: "The undersigned and the Town may enter into an annexation agreement prior to or contemporaneously with the effective date of this annexation, which agreement shall be additional conditions as effective as if set forth in this petition." The annexation petition for the annexation of Big Bear Estates Addition was part of a larger development project that included the Big Bear Estates Addition and the Elkhorn Lodge Property. The development proposal included requests for rezoning, subdivision and a Planned Unit Development (PUD) application by the owners and the contract purchasers/developers of the property. After input from the Staff, I prepared a draft annexation agreement which addressed development issues on the Big Bear Estates annexation including, but not limited to, timing of development, responsibility for public improvements including what is known as the western bypass. The draft annexation agreement also included rights, restrictions and obligations with regard to the PUD development on the Elkhorn Lodge property. From the beginning of the review of the entire development proposal, it was always contemplated by Staff, the developer and the Zahourek's, that an annexation agreement would be approved as part of the overall approval of the annexation of the Big Bear Estates Addition, and approval of the PUD on the Elkhorn Lodge property. The proposed rezoning, preliminary and final subdivision plats and PUD proposal for the Elkhorn Lodge property and the Big Bear Estates Addition have been withdrawn by the applicant. Section 31-12-107 (1)(e) C.R.S. provides that no person signing a petition for annexation shall be permitted to withdraw his signature from the petition after the petition has been filed with the Town Clerk except as such right of withdrawal is set forth in the petition. The annexation petition for Big Bear Estates Addition does not contain any right of withdrawal. Due to the fact that the petition is in compliance with the terms and conditions of the Municipal Annexation Act, the Board of Trustees is required to make a determination whether or not to annex the property. The decision of the Town Board is solely within its discretion, and the Town Board is not required to annex the property. Although the annexation petition does not contain a specific right to withdraw the petition, the annexation petition does contemplate that an annexation agreement acceptable to both the Town and the property owners would be approved as part of the annexation of the property. The Town Staff also advised the Estes Valley Planning Commission and the Town Board at previous public hearings on the rezoning, subdivision and PUD proposals concerning the entire development that an annexation agreement would be required and a part of the documents governing the development of the property. The Colorado Supreme Court has ruled in the case of The Town of Superior vs. Midcities Company, 933 P. 2nd 596 (Colorado 1997) that although an annexation petition did not include a specific right for withdrawal, if it is understood by the parties that an annexation agreement will be approved, a municipality's efforts to affect the annexation without such agreement is clearly contrary to the understanding of the parties. The facts of that case are strikingly similar to this case with regard to the fact that an annexation agreement was always contemplated between the Town of Superior and the petitioning landowner. The annexation agreement would address development issues on the property following annexation. The Supreme Court went on to state as follows: "The fact that Midcities Company's petition did not expressly require the annexation agreement as a condition precedent to annexation does not control the result here. The actions and statements of the town officials before the Board and in the record below support the trial court's findings that, in this annexation proceeding, the municipality and the landowner voluntarily agreed to such a condition. By subjecting the annexation to a condition that a development agreement would be entered into prior to the actual annexation, Superior limited its discretion. If the parties fail to agree upon conditions to annexation, annexation cannot take place without the landowner's consent to annexation and the municipality's willingness to waive such conditions." The Supreme Court went on to conclude as follows: "In sum, we conclude that annexation is a consensual process which permits a municipality and a landowner to condition annexation upon the completion of a land development or annexation agreement before annexation may take place. Unless the landowner consents to this annexation, it is my opinion that the Town Board would abuse its discretion and exceed its authority under the Municipal Annexation Act by annexing the property. 2 RESOLUTION NO. 18-08 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as "BIG BEAR ESTATES ADDITION" to the Town of Estes Park is as follows: Beginning at the Center Quarter Corner of Said Section 26, monumented by a 2" aluminum cap flush in concrete PLS #6499; thence along the westerly line of the Southwest Quarter of the Northeast Quarter of said Section 26 NOOÂ°43'22'W 1329.83', more or less, to the Center-North sixteenth corner of said Section 26, monumented by a 2" metal cap PLS #6499 on a #6 rebar; thence along the northerly line of the Southwest Quarter of the Northeast Quarter of said Section 26 S89Â°49'30"E 1311.23', more or less, to a point half way to the North Sixteenth corner common to Sections 25 and 26, Township 5 North, Range 73 West of the 6th P.M., said North Sixteenth corner monumented by a 1 W" metal cap #6499 on . a #6 rebar; thence along the easterly line of the Southwest Quarter of the Northeast Quarter of said Section 26 SOOÂ° 57'47"E 1330.18', more or less, to the Center-East sixteenth corner of said Section 26, monumented by a 2" Aluminum cap #6499 on a 1" pipe; thence along the southerly line of the Southwest Quarter of the Northeast Quarter of said Section 26 N89Â°48'50"W 1316.81', more or less, to the point of beginning. Containing 40.11 acres, more or less. DATED this day of ,2008. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk . ORDINANCE NO. 15-08 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS BIG BEAR ESTATES ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 30th day of April, 2008 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the 27th day of Mav, 2008, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annexation plat on Tuesday, June 24, 2008 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Consideration of the annexation by the Town Board was postponed to September 23,2008 to allow all other land use issues to be resolved. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., on the 23rd day of September, 2008. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as BIG BEAR ESTATES ADDITION to the Town of Estes Park, Colorado, is hereby approved: Beginning at the Center Quarter Corner of Said Section 26, monumented by a 2" aluminum cap flush in concrete PLS #6499; thence along the westerly line of the Southwest Quarter of the Northeast Quarter of said Section 26 NOOÂ°43'22'W 1329.83', more or less, to the Center-North sixteenth corner of said Section 26, . monumented by a 2" metal cap PLS #6499 on a #6 rebar; thence along the northerly line of the Southwest Quarter of the Northeast Quarter of said Section 26 S89Â°49'30"E 1311.23', more or less, to a point half way to the North Sixteenth corner common to Sections 25 and 26, Township 5 North, Range 73 West of the 6th P.M., said North Sixteenth corner monumented by a 1 W' metal cap #6499 on a #6 rebar; thence along the easterly line of the Southwest Quarter of the Northeast Quarter of said Section 26 SOOÂ° 57'47"E 1330.18', more or less, to the Center-East sixteenth corner of said Section 26, monumented by a 2" Aluminum cap #6499 on a 1" pipe; thence along the southerly line of the Southwest Quarter of the Northeast Quarter of said Section 26 N89Â°48'50'W 1316.81', more or less, to the point of beginning. Containing 40.11 acres, more or less. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF ,2008. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2008 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2008, all as required by the Statutes of the State of Colorado. Town Clerk J September 22,2008 Bob Joseph Community Development Director Town of Estes Park RE: Big Bear Estates Annexation Dear Mr. Joseph: I am requesting a continuation of the Big Bear Estates Annexation to the Town Board meeting next month, on October 28,2008. Sincerely, Cherry ZahoOrek owner