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Home My WebLink AboutPACKET Town Board 2010-05-114 .1 Prepared 5/3/10 E,LE_ *Revised TOWN[ 017 8-TES PARIÂ© 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, May 11, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 27, 2010. 2. Bills. 3. Committee Minutes - None. 4. Estes Valley Planning Commission Minutes March 16, 2010 (acknowledgement only). 2. REPORTS AND DISCUSSION ITEMS: 1. RMNP UPDATE. Superintendent Baker. 2. ESTES VALLEY FOREST ISSUES FORUM. Dick Edwards/USFS. 3. TOWN BOARD LIAISON UPDATES. 4. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 3. ACTION ITEMS: 1. MAYOR AND BOARD OF TRUSTEE JOB DESCRIPTIONS. Attorney White. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. LA .. 2. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(d) C.R.S. - For discussion of specialized details of security arrangements. Motion: Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of the statutory provision authorizing the executive session. Therefore, I move the Town Board go into Executive Session- For discussion of specialized details of security arrangements under C.R.S. Section 24-6-4- 2(4)(d). 3. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the AnpnriA wAR nrenprer-1 Jackie Williamson From: Admin iR3045 Sent: Wednesday, May 05, 2010 2:11 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2700 ST. TIME 05/05 14:00 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 Town of Estes Park, Larimer County, Colorado, April 27, 2010 DR A FT 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 27th day of April, 2010. Meeting called to order by Mayor William C. Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller Mark Elrod, Trustee Elect Wendy Koenig, Trustee Elect Also Present: Greg White, Town Attorney Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: None 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 proclaimed May 7th Arbor Day in Estes Park and May as the month of the tree. PUBLIC COMMENT Judy Aires/Town citizen spoke to concerns with the coffee roasting/manufacturing at the west end of Elkhorn Avenue. She expressed dissatisfaction with having to go through litigation to address the issue. TOWN BOARD COMMENTS The Board thanked Trustee Eisenlauer and Trustee Homeier for their years of service to the Town. Mayor Pro Tem Levine stated the Pride Awards were presented at the Volunteer Luncheon on April 23, 2010: Julie Varilek/Teacher of the Year, Mimi Hardendorf/Business Person of the Year, Les Foiles/Volunteer of the Year and Don Widrig and Tom Anderson/Co-Volunteer of the Year. Trustee Eisenlauer thanked the Board for the respect and caring she received as Trustee. She also thanked staff and her husband for his support during the last four years. Trustee Miller stated the Local Marketing Board has hired Linda Hill to review the marketing/advertising program to maximize its return for 2010. He stated May is Archeological and Preservation month. Trustee Homeier thanked the Board and the community for the opportunity to serve. He stated the Comprehensive Plan Committee has completed its review and a report would be forthcoming to both the Town Board and the Planning Commission. He suggested the Board review the policy requiring background checks for Committee appointments. DRAFT - Board of Trustees - April 27, 2010 - Page 2 Mayor Pinkham stated Secretary of the Interior Salazar has appointed Grand Lake Mayor Judy Burke to the National Parks Advisory Board. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 13, 2010. 2. Bills. 3. Committee Minutes: A. April meetings for Utilities, Public Safety and Public Works cancelled. It was moved and seconded (Levine/Eisenlauer) the Consent Agenda be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson stated the project continues to be on schedule with 73% of the project completed and 77% of the budget expended. The Town Board approved $200,000 in additional funding at the April 13, 2010 meeting. EPURA would cover the additional $100,000 in cost overruns. The total cost of the project stands at $2,573,162 with additional costs. This funding does not include the supplemental items such as the sound system and the chairs as well as the concession stand tenant finish. 2. WESLEYAN CHURCH / DEVELOPMENT CODE STANDARDS. Director Joseph reviewed the zoning and history of the property. Under the existing zoning the lodge use is a legally grandfathered non-conforming use and the lodge is old enough to pre-date any requirements for a development plan review of the site that would require adequate public facility improvements such as parking. The use of the lodge for religious assembly began in the 1980s and was not a permitted use at the time and is not a legally grandfather use today. Compliance with the Development Code provisions for religious assembly would require a rezoning of the property and approval of a development plan. In 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) was enacted to prohibit the imposition of burdensome zoning law restrictions on religious institutions. The ability of the Town to require compliance with the Development Code provisions is questionable due to the lack of enforcement. Trustee Homeier thanked staff for the background information; however, he questioned why the codes have not been enforced upon this church when recent churches have had to comply. He commented on the RLUIPA act which is controversial and complicated, and stated the future Board should review the issue further. 3. TEMPORARY POLICY TO EXTEND TIMEFRAMES BEFORE BUILDING PERMITS AND APPLICATIONS EXPIRE. Director Joseph stated staff has received multiple requests to extend application and permit expiration dates beyond the strict letter of the code due to the current economic conditions. In some cases the business owner and/or property owner have failed to request the final inspection and the permit has expired. The code requires the building official to assess plan review fees and 20% of the permit fee for expired applications. A temporary policy has been proposed by staff to extend the application expiration date until January 1, 2011. At that time, unpaid applications would expire and the applicants would be assessed fees for services that have been provided. This extension would also apply to projects that have not been completed and would extend the =AFT Board of Trustees - April 27, 2010 - Page 3 permit expiration date to January 1, 2011. For projects with expired permits that only need the final inspection completed, the temporary policy would extend the expiration date for 30 days from the date of notice to the permit holder. 4. TOWN ADMINISTRATOR REPORT. â€¢ The Prospect Avenue road construction project has been delayed due to weather delays, therefore, Moccasin bypass would remain closed through May 6# 3. PLANNING COMMISSION ITEMS. Mayor Pinkham opened a Public Hearing for the Consent Agenda items: 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP 1. Overlook Condominiums, Supplemental Condominium Map #4, Lot 2, Stanley Historic District, Overlook Development at the Historic Stanley, LLC/Applicant. Trustee Miller requested Item B.1 be removed and discussed as an action item. As there were no comments, Mayor Pinkham closed the public hearing and it was moved and seconded (Levine/Ericson) Item A.1 be approved with staff conditions of approval, and it passed unanimously. 2. ACTION ITEMS: B. AMENDED SUBDIVISION PLAT -th 1. Amended Plat, Lot 27, Prospect Mountain Subdivision, PUD, 5 Filing, Robert and Theresa Bowman/Applicant. Trustee Miller questioned why the item was addressed as an amended plat versus a variance. Director Joseph stated the applicant was not requesting a variance to the setback. The property owner has requested an expansion of the building envelop to encompass the entire dwelling and deck constructed on the PUD lot in the 1980s. Mayor Pinkham closed the public hearing and it was moved and seconded (Blackhurst/Miller) Item B.1 be approved with staff conditions of approval, and it passed unanimously. 4. ACTION ITEMS: 1. APRIL 6, 2010 ELECTION REPORT. Town Clerk Williamson reviewed the Official April 6th Election Report: FOR TRUSTEE: Total Votes Cast ERIC W. BLACKHURST * 724 WENDY KOENIG* 1457 MARK ELROD * 746 PAUL FISHMAN 665 DAVID HABECKER 272 ART BLUME 455 DORLA EISENLAUER 563 *Elected to 4-yr. terms DR,al Board of Trustees - April 27, 2010 - Page 4 Total Active Registered Voters = 3,600 Total Registered Voters = 4,471 TOTAL VOTES CAST 1,854 Percentage Turnout 51.5%foractive 41.5% for all voters As all invoices have not yet been received, the Election Expense Report will be distributed to the Town Board in the near future. ACKNOWLEDGEMENT OF TRUSTEES EISENLAUER AND HOMEIER. Mayor Pinkham presented Trustees Eisenlauer and Homeier with a Town Plague commemorating their service to the community, and 'Resolutions of Respect" honoring their active participation on the goals and achievements of the Board of Trustees during their terms of office as Trustee. Concluding the presentation, Mayor Pinkham announced a recess at 8:22 p.m. Mayor Pinkham reconvened the meeting at 8:36 p.m. 2. SWEARING-IN CEREMONY FOR NEWLY-ELECTED MAYOR AND TRUSTEES. Municipal Judge Brown conducted a Swearing-In Ceremony for newly elected Trustees Eric Blackhurst, Mark Elrod and Wendy Koenig. 3. MAYOR PRO TEM. It was moved and seconded (Blackhurst/Miller) Trustee Levine fill the position of Mayor Pro Tem, and it passed with Trustee Levine abstaining. 4. APPOINTMENTS. Mayor Pinkham announced the following appointments: Community Development/Community Services Committee Mayor Pro Tem Levine, Chair Trustee Elrod Trustee Miller Utilities, Public Works & Public Safety Committee Trustee Blackhurst, Chair Trustee Ericson Trustee Koenig It was moved and seconded (Levine/Ericson) to approve the appointments, and it passed unanimously. Liaison Appointments Rooftop Rodeo Committee Liaison - Trustee Koenig Estes Valley Planning Commission Liaison, Trustee Elrod Supporters of the Performing Arts Liaison, Trustee Ericson LMD Marketing Committee Liaison, Trustee Miller It was moved and seconded (Blackhurst/Ericson) to approve the appointments, and it passed unanimously. Administrative Staff Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Cynthia Deats, Deputy Town Clerk/Town Clerk Pro Tem Gregory A. White, Town Attorney 51 Board of Trustees - April 27, 2010 - Page 5 John P. Frey, Assistant Town Attorney Steve McFarland, Town Treasurer/ Gary R. Brown, Municipal Judge John W. Easley, Jr., Assistant Municipal Judge It was moved and seconded (Blackhurst/Miller) to approve the appointments, and it passed unanimously. Building Code Board of Appeals, 2-yr. Terms, Expiring 04/12 Karl Ertl (Re-appointment) Steve Lane (") Kerry Prochaska (") It was moved and seconded (Miller/Koenig) to approve the appointments, and it passed unanimously. Trustee Miller requested a review of the Appeals Board with the upcoming adoption of the 2009 International Building Codes. Policemen's Pension Board Pinkham, Mayor McFarland, Treasurer Williamson, Secretary Kufeld, Police Chief It was moved and seconded (Blackhurst/Ericson) to approve the appointments, and it passed unanimously. Miscellaneous Appointments Audit Committee: Mayor Pinkham Trustee Ericson Halburnt, Staff McFarland, Staff North Front Range Water Quality Planning Association Boles Platte River Power Authority Board of Directors Mayor Pinkham, 4/12 Bergsten, 12/11 Windy Gap White Boles, Alternate Larimer County Open Lands Advisory Board Trustee Ericson - expires 6/12 Larimer Emergency Telephone Authority Board Kufeld - expires 12/14 It was moved and seconded (Levine/Miller) to approve the appointments, and it passed unanimously. 5. TREE BOARD APPOINTMENTS. Director Zurn requested reappointments of Scott Roederer and Chuck Levine for 4 year appointments to expire on April 2014. It was moved and seconded (Miller/Ericson) to approve the re-appointment of Scott Roederer and Chuck Levine to the Tree Board as listed above, and it passed unanimously. Board of Trustees - April 27, 2010 - Page 6 DRAFT Director Zurn requested the appointment of Barbara Williams to the Tree Board to fill the position held previously by Bob Seifert. The appointment would expire on April 2014. It was moved and seconded (Levine/Koenig) to approve the appointment of Barbara Williams as listed above, and it passed unanimously. 6. ARENA FLOOR IMPROVEMENTS. Manager Winslow stated the three equestrian arenas at the fairgrounds require resurfacing, total of 28,000 square yards, to improve surface quality, level surface, improve drainage and provide the proper footing for the horses. A bid package was sent to four contractors and the following bids were received: EZ Excavating Loveland No reply Fairbanks Excavation Estes Park $ 54,000 Kearney & Sons Estes Park No reply Kitchen & Company Estes Park $ 42,050 *The no reply contractors were interested but currently busy. Staff recommends accepting the low bid from Kitchen and Company. The 2010 budget contains $50,000 for the repairs; therefore, staff requests approval to purchase additional material not to exceed the budget to repair the arenas throughout the season. It was moved and seconded (BlackhursUKoenig) to contract with Kitchen and Company to improve the Stanley Fairground arenas for $42,050 and purchase additional materials for $7,950 from account #222-5500-455-32- 22, and it passed unanimously. 7. SPECIAL EVENTS TRACTOR REPLACEMENT. Manager Winslow stated the 22 year old tractor with 2,162 hours has exceeded the Type 11 vehicle replacement guidelines of 12-15 years or 6,000 hours. The Municipal Association of Purchasing Officials bid process was used and the following bids were received: John Deere Company; Longs Peak Equipment (Dealer), Longmont, CO. John Deere 5105M Utility Tractor....................................$47,304.42 Trade-in 1988 Ford 545A ....................................... .$ 4,500.00 Bid Price = $42,804.42 Colorado Equipment: Ft. Collins, CO. John Deere 5105M Utility Tractor....................................$48,616.88 Trade-in 1988 Ford 545A .......................................$ 2,500.00 Bid Price = $46,116.88 It was moved and seconded (Ericson/Blackhurst) to approve the purchase of a John Deere 5105M Utility Tractor from John Deere Company at a cost of $42,804.42 after trade-in values from account #635-7000-435-34-42, and it passed unanimously. 8. PARK THEATER MALL RIVERWALK CONNECTION. Administrator Halburnt stated Trustee Miller, staff and property owner Sharon Seeley met to discuss possible Riverwalk connections through the Park Theater Mall property and all agreed the connection would be a positive benefit for the community. A Memorandum of Understanding has been drafted, a preliminary design completed and a cost estimate developed. To eliminated Town liability or the need to obtain an easement, the funds to complete the project would be Board of Trustees - April 27, 2010 - Page 7 r n rb Â£1 rer#M given to the property owner. This in turn would make the property owner responsible for maintenance, upkeep and liability associated with the connection. Trustee Blackhurst requested a certificate of insurance be provided prior to the release of funds to the property owner for the connection. Board comments were heard regarding the need to have a certificate of insurance prior to releasing the funds to the property owner; how long the walkway would be open; the need to only release funds once the project was completed by the property owner; and questioned when the walkway would be removed. Trustee Miller stated the agreement only addresses the current season and could be extended by either party in the future. He also stated the intent would be to remove the crossing with the reconstruction of the building. Sharon Seeley thanked the Board and Mr. Grigsby for their efforts in moving this concept forward for the benefit of the community. She requested a sign be erected at the crossing to recognize the collaboration amongst the Town and the business community. After discussion, it was moved and seconded (Levine/Elrod) to approve the Memorandum of Understanding for the Riverwalk connection through the Park Theater Mall, and it passed unanimously. 9. EXECUTIVE SESSION POLICY. Attorney White reviewed the purpose of executive sessions, procedures for entering into executive session, method of maintaining records of proceedings, motion format, Board action following executive session and retention of proceedings. He stated the policy summarizes the procedures for executive session as defined by the state statutes and emphasized the Board has been operating in line with the statutes. Board comments are summarized: the use of the word "Chair" should be changed to Mayor or Mayor Pro Tem; the motion to enter executive session should be simplified and concise for the citizens; the Board should only enter session when absolutely necessary; prior to entering a session the Mayor should announce whether formal action and/or discussion will be heard after the session; add a statement acknowledging the state statute requirement to use specific language to enter a session; and add state statute reference to the retention of electronic recording or minutes section. After further discussion, it was moved and seconded (BlackhursUMiller) to approve the Executive Session Policy with suggested changes listed above, and it passed unanimously. 10.ADJOURN. Whereupon Mayor Pinkham adjourned the meeting at 9:45 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission March 16, 2010, 6:00 p.m. Board Room, Estes Park Town Hall Commission: Chair Ron Norris, Commissioners Doug Klink, Alan Fraundorf, John Tucker, Betty Hull, Steve Lane, and Rex Poggenpohl Attending: Chair Norris, Commissioners Klink, Fraundorf, Tucker, Hull, Lane, and Poggenpohl Also Attending: Director Joseph, Town Attorney White, Planner Shirk, Planner Chilcott, and Recording Secretary Thompson Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Norris called the meeting to order at 6:00 p.m. There were 9 people in attendance. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA Approval of minutes from February 16, 2010 Planning Commission meeting. It was moved and seconded (Hull/Lane) that the consent agenda be approved as presented, and the motion passed unanimously. 3. REPORTS A. PUD Problem Statement Status Chair Norris reported a problem statement was being written to begin investigating the PUD status in the community. Planning Commission review will be delayed until the Town Board requests such a review. B. Comprehensive Plan Review Committee Status Chair Norris reported this committee had its initial meeting in February, 2010. At that meeting, the Action Plan was reviewed, and Director Joseph gave an update on the items listed on this plan. The Committee will identify potential gaps in the Comprehensive Plan and report these to the Town Board. Commissioner Poggenpohl commented the current Comprehensive Plan is a superior and valuable document that needs updating for the future vision of the Estes Valley. C. Wildlife Habitat Protection Code Revisions Director Joseph reported the Board of County Commissioners approved the Wildlife Habitat Protection code revisions on March 8, 2010. The final changes included adding raptor nesting areas as a trigger for a wildlife habitat conservation plan, and authorizing staff to determine who is qualified to conduct the wildlife habitat study. D. Director Joseph reported the Board of County Commissioners will be in Estes Park on March 29, 2010 to hear the Estes Valley Development Code amendments for Accessory Kitchens and Short-term Rentals, Vacation Homes, and B&Bs. The meeting will be held at'6:30 p.m. in the Town Board room. 4. PROPOSED AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE - SECTION 5.2 - ACCESSORY USES AND ACCESSORY STRUCTURES A. MICRO-WIND ENERGY CONVERSION SYSTEMS Planner Shirk reviewed the staff report and gave a brief history of the timeline of these amendments. Most recently, the Town Trustees remanded the proposed amendments back to the Planning Commission to place Micro-Wind and Small Wind Turbines into two separate amendments., The Town Trustees specifically asked for more information RECORD OF PROCEEDINGS Estes Valley Planning Commission Â· 2 March 16, 2010 concerning public safety, blade speed controls, and to identify. when a building permit would be required. In review, Staff proposes the allowance of micro-wind energy conversion systems in all residential and commercial zone districts. The setbacks would be same as the underlying current zone districts. Proposed size could not exceed 15 square feet. Height restrictions would remain at 30 feet. Staff proposes that micro-wind systems be subject to ridge-line protection guidelines. Any noise restrictions would be referenced to the existing Town and County noise ordinances. Lighting of the systems would be prohibited. Provisions were included for unsafe and/or inoperative systems, and all electrical connections would be required to be placed underground. Conduit would be allowed on the tower. Planner Shirk explained that Town Board requested there be a 10-foot ground and structure clearance for the micro-wind energy conversion systems. Roof-mounted systems would be exempt from this requirement. The Town Board asked that total cumulative aggregate swept area of multiple systems be changed to 45 square feet. Planner Shirk stated the Chief Building Official indicated building permits would be required for the installAtion or modification of any micro-wind energy conversion system connected to the power grid, or when the highest portion of the structure would be greater than 15 feet from natural grade. Fees would be based on the valuation of the project. B. SMALL WIND TURBINES Planner Shirk stated the Town Board requested the setback on small wind turbines be reduced from five (5) times the town height to two (2) times the tower height. Town Board also proposed adding a public review process to notify neighbors and provide an opportunity to comment on small wind turbine installations. Staff proposes a new application process for a ConditionalE Use Permit, which would be very similar to the current Special Review process, with the exception being the Planning Commission being the sole decision-making body. Planner Shirk stated this Conditional Use Permit could require certain conditions be met by the applicant prior to the issuance of the permit. Conditions would need to be such that applicants are able to meet them, while at the same time mitigating the impact on the neighbors. Prior to drafting code language, Planner Shirk requested more information from the Planning Commissioners regarding minimum lot size, setbacks from property lines or structures, ridgeline protection, color, shadow flicker, and lighting. More specifically, he asked for direction on considering (1) views from "special places"; (2) requiring a visual assessment study; and (3) specifying that the tower height and location may be mitigated at the expense of optimal system location. Planner Shirk stated that "special places" were defined in Larimer County as those locations having cultural significance with certain levels of protection not provided to other areas. Director Joseph explained that areas with high visibility, such as the scene area along a heavily traveled roadway, may need special consideration. With the creation of a Conditional Use Permit, thought would be given to details for notifying neighboring property owners, site posting; includingspecific submittal requirements, requiring a pre-application meeting, etc. Specific to micro-wind systems, the - new permit process may, include provisions for ice throw, ground-structure clearance, and/or design standards. Town Attorney White stated it would be necessary to write a standard that -does not require all neighbors to agree, while including some type of locational standard that is fair across the board. Director Joseph stated guidelines are important to be able to be consistent with making the decisions, and an important point to remember is the difference between a principal use and an accessory use. Wind turbines would be an accessory use. Code language should also consider not only the current property owner, but also any future property owners. Applying the standards and any input from the neighbors would help gauge the application of the standards by informing the process, but not governing it. , Discussion among the Commission ensued, with the main points including: the purpose of the setbacks was to minimize the visual impact; too many rules and regulations would ' RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 March 16, 2010 defeat the purpose of installing a wind turbine; after much public input and discussion at previous meetings, the Commission concluded it was important to have the larger systems with more regulations if the micro-systems could be less regulated; safety issues should be dealt with in the building codes; and minimum lot sizes would take care of any setback concerns. Chair Norris requested that the Larimer County standards for wind turbines be sent to all Planning Commissioners for review. Public Comment: Jim Tawney/Town Resident would like to see this topic dropped. He thought this issue would self-regulate, and stated that any regulations would violate property rights. Tom Bergmann/Town Resident stated Governor Ritter's statement about Home Owner Associations (HOA) being null and void in regards to wind turbines was a disservice to wind turbines. He thought most of the opposition to wind turbines came from residents that are members of HOAs who are no longer allowed to govern their property through the HOA covenants. Mr. Bergmann spoke in favor of a setback of one times the height plus the existing property line setback for small turbines, and suggested it be a regulation of the property as currently defined. Paul Brown/Town Resident reviewed several concerns he had with the details in the code language. He would like to allow micro-wind energy conversion systems lower than ten (10) feet provided they were protected, and stated this would lessen the impact on neighbors and the homeowner. He stated the Larimer County Building Department exempts wind turbines from requiring a building permit when the hub height is less than 12 feet. He suggested changing the EVDC language to exempt wind turbines from requiring a building permit when the total height was 15 feet or less. Mr. Brown thought there should be a way to use swept area measurements to exempt certain wind turbines from requiring building permits. He strongly suggested that Planning Commission review Larimer County's code requiring, approval through a special review process in certain situations. Bob Clements/Town Resident wanted to know if the letter written by Paul Brown, Tom Bergmann, and him was well-received by Â·the.. Commissioners. The Commissioners appreciated the positive points, and gave credit to them for getting micro-wind energy conversion systems in front of the Planning Commission. Chair Norris closed the public hearing. Commission and Staff Discussion on Micro-Wind Energy Conversion Systems: Commissioners Poggenpohl and Tucker are fundamentally opposed to a special review process. Commissioner Poggenpohl suggested the language concerning safety be addressed at a lower level than the Planning Commission. Commissioner Hull asked for special review standards from other towns once the Commission begins the review of small turbines. Chair Norris reminded the Commission of the 175-day moratorium extension on building permits for wind turbines. There was general consensus from the Commission to delete the Section 5.2.B.2.g(7)b concerning inoperative systems. Town Attorney White stated this section would be completely ineffective from an enforcement standpoint, and supported the deletion. The Commission agreed to delete "structure" from Section 5.2.B.2.g(8), as well as deleting Section 5.2.B.2.g(9) that deals with blade speed. Referencing Section 5,2.8.2,*10), a permit shall be required for the installation or modification of any micro-wind energy conversion system connected to the grid, or when the highest portion of the structure is greater than 15 feet from the natural grade. It was moved and seconded (Lane/Hull) to recommend approval to the Town Board of the amendments to the Estes Valley Development Code concerning the RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 4. March 16, 2010 regulation of micro-wind energy conversion systems and the motion passed unanimously. t i Commission and Staff Discussion on Small Wind Turbines: , E Commissioner Lane proposed drafting lattguage that would'allow small wind turbinbs as a use by right when certain requirements were met He.g. -using the existing setback requirements and adding a height consideration); otherwise, a type of conditional use permit would be required. Chair Norris directed staff to modify the setback map presented at a previous meeting to show the riumber of applicable lots using the existing property line setback plus two times the height of the wind turbine. tDirector Joseph supported Commissioner Lane's proposal, stating fairly restrictive standards with the setbacks would , need to be in place in order to allow a use by right not subject to the condition&1 use permit review process. Commissioner Fraundorf did not want this review process to become the norm. Chair Norris dirdcted staff to draft language using Commissioner Lane's proposal as a guide. Director Joseph stated it would be crucial to write a purpose statement with the guiding principle being that the decision by the Planning Commission may require compromising the optimal performance of the unit in' order to lessen the impacts to the neighboring properties. ,It -was moved and seconded (Hull/Klink)' to continue discussion of small wind turbines to the next regularly scheduled Planning Commission meeting and the motion passed unanimously. ' 1 5. REVIEW OF CURRENT TOWNHOME PROVISIONS IN THE ESTES VALLEY DEVELOPMENT CODE , Public Comment: Frank Theis/County Resident stated the EVDC definition for townhomes is "no less than three units side-by-side." He stated there are many different types of townhomes with zero lot lines, and suggested adding these other types into the existing definition. He thought changing this definition would increase the flexibility for new townhome projects. Mr. Theis indicated it would be' much easier for buyers to obtain financing for townhomes rather than condominiums because townhome ownership with zero lot lines includes ownership of the land, in contrast to condominium ownership that includes only air space. He suggested considering the allowance of townhomes in A-Accommodations zone districts and PUDs in addition to the existing allowance in Multi-Family zone districts Chair Norris closed the public hearing. It was moved and seconded (Hull/Klink).to continue discussion of the townhome provisions to the next 'regularly scheduled Planning Commission meeting and the motion passed with unanimously. 6. OTHER TASKS ~ ' Chair Norris asked the Commission to prioritize the task list and send their top three choices to Recording Secretary Thompson to be included in the next meeting packet. There being no further business, Chair Norris ddjourned the meeting at 8:38 p.m. Ron Norris, Chair , Karen Thompson, Recording Secretary f , . 5/5/2010 ESTES VALLEY FOREST ISSUES FORUM Estes Valley Forest Issues Forum Mission o Provide a communication link between land management agencies and Estes Valley residents for exchange of information and ideas in managing forest resources 1 :t 5/5/2010 ' Estes Valley Forest Issues Forum Members 3 Arapaho & Roosevelt National Forests o Colorado State Forest Service o Rocky Mountain National Park o Larimer County a Estes Park Fire Department o Town of Estes Park o HOA Representatives Estes Valley Forest Issues Forum History o June 2007 - CSU awarded contract to study how communities interact with US Forest Service o Estes Park was approached by CSU as a study community o Participants in study met four times to identify issues and develop solutions 2 5/5/2010 Estes Valley Forest Issues Forum Issues from Community Study o Specific Issues Identified: o Forest health and fire mitigation o Lack of communication and coordination between community and US Forest Service o Limited US Forest Service presence available for citizens and visitors Estes Valley Forest Issues Forum Purpose of Forum o Become a publicly known venue for communication between community and land management agencies o Identify and resolve issues o Share information 3 5/5/2010 Estes Valley Forest Issues Forum Accomplishments to date o Developed working group membership and structure o Distributed 1St newsletter addressing key issues of mountain pine beetle, wildfire and hazardous fuels treatment o Set up public communication email at forest. issues.forum@live. com Estes Valley Forest Issues Forum Town Board Involvement o Annual updates from US Forest Service to Town Board o Participation in EVFIF by Town Board or other Estes Park officials o What does Town Board want to see from EVFIF? 4 TOWN OF ESTES PARK TOWN BOARD OF TRUSTEE DUTIES May 11, 2010 Sections 31-4-301 through 306 of the Colorado Revised Statutes do not specify duties ofthe Trustees. Section 31-4-301(1) C.R.S. provides in part that "The legislative and corporate authority of towns shall be vested in a board of trustees, consisting of one mayor and six trustees,..." Policy Statement: Experience indicates the duties of the Trustees vary from time to time. It is recommended that this policy be reviewed following each 2 year election cycle. Best practices at the time of the adoption of this policy (May 2010) indicate the Trustees' duties and responsibilities include but are not limited to: 1. Representation: a. Providing leadership for the town on behalf of the Citizens of Estes Park. b. Representing and acting in the best interest of Citizens of the Town of Estes Park. c. Being knowledgeable of issues, researching background information, attending regularly scheduled meetings, and acting as a resource for citizens' concerns. d. Serving as a conduit for information from citizens to the Town Administrator and the Mayor in responding to questions and individual problems. e. Finding a balanced approach for addressing competing interests among constituent groups to ensure the community is fairly represented. f. Representing the Board of Trustees on standing committees of the Town for the purpose of monitoring major Town activities and policy implementation. 2. Legislative: a. Serving as the governing body of the Town and holding all legislative and corporate powers of the Town specifically granted or implied by statutory provisions and the Municipal Code. b. Enacting ordinances, resolutions and policies for the governance of the Town of Estes Park and protecting the life, health and property of its citizens and visitors. c. Establishing policy for the direction of the Town Board and Town Staff. d. Establishing fiscal policy, financial targets, and budget goals for the Town Government. e. Having final decision making responsibilities over pertinent land use issues and application of development code requirements within the Town of Estes Park. 3. Quasi-Judicial: a. Acting in a quasi-judicial manner in matters brought before it that relate to public hearings, appeals, land use, and liquor licensing. b. Making decisions concerning quasi-judicial matters based upon testimony presented at formal hearings which are normally conducted during_regularly scheduled Town Board meetings. c. Not accepting nor seeking outside input or lobbying that attempts to influence their decision prior to the quasi-judicial Public Hearing. Any and all ex parte communication shall be disclosed at the beginning of the hearing. Not doing so may cause a Trustee to be disqualified from the proceedings. 4. Communications: a. Following a formal decision, acting as a united body, not as individual Trustees, and acknowledging the decision of the Town Board. b. The Town Administrator is the sole point of contact between the Trustees, as policy makers, and Town Staff. c. Interacting with the media, governmental entities, the public or other bodies as individual Trustee and not as a representative or the Majority of Trustees unless an official position or legislative action has been established or authorized to do SO. d. Communicating to the Mayor and other Trustees items of importance from their respective committees and providing information that may be necessary to keep other members aware of important Town activities or critical functions. TOWN OF ESTES PARK MAYOR DUTIES May 11,2010 These practices are subject to change as boards change over time. They should be reviewed periodically to insure that they are still timely and in conformance with state statutes. It is recommended that this policy be reviewed every two years after each election cycle. Experience indicates Duties of the Mayor vary from time to time. Best practices at the time of adoption ofthis policy (May 2010) indicate the mayor's duties include, but are not limited to: 1. Representation: a. Providing leadership for the Town of Estes Park. b. Being the primary representative of the Town of Estes Park in official and ceremonial functions. c. Representing the Town in interaction with other government agencies. d. Being spokesperson for the Town unless the Town Board has decided otherwise. e. Representing the Town Board as a liaison with the Town Administrator to promote the timely flow of information between the Town Board, Town Staff and other governmental organizations. f. Represents the Town on the Platt River Power Authority Board. 2. Presiding: a. Presiding at all Town Board meetings and establishing procedures for the conduct ofthose meetings in accordance with rules, policies and ordinances adopted by the Town of Estes Park. b. Presiding over work sessions, study sessions, inter-agency meetings (i.e. Planning Commission/Town Board meetings) conducted to discuss the policies and issues of the Town. c. Presiding over the evaluation of the Town Administrator by the Town Board. 3. Enactment: a. Mayor in conjunction with the Town Board and Town Administrator enforces the ordinances and laws of the Town. b. Signs all warrants (see section 2.12.020) c. Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. The Mayor has the authority to disapprove such ordinances or resolutions in writing, subject to Board of Trustees override. d. Mayor with, Town Board approval, appoints members of committees, commissions and other entities that may be necessary from time to time for the effective governance of the Town. e. Facilitating policies and procedures for the effective management of the Board, establishing Town goals in conjunction with the Town Board, promoting consensus and enhancing Board performance. 4. Mayor Pro Tem shall assume all duties of the Mayor in the Mayor's absence in accordance with Section 2.16.010 of the Municipal Code CONFIDENTIAL Emergency Action Plan Town of Estes Park Board Meeting Room Threat Response Emergency Action Plan Threat Response Purpose The purpose of this emergency action plan is to prepare Town Officials and staff with a defensible solution to any violent incident that occurs within the Board Meeting room. This plan is specific to any active shooter or threat of a violent person or persons, public disruption and/or any other incident deemed unsafe. This plan is not to be used for evacuations caused by fire alarms, bomb threats, chemical release, power outages or natural disasters. This plan is based upon the concept that a violent event is occurring and evacuation to a defensible area is required to protect life and provide safe shelter. Safety Monitor A board member will be designated the Safety monitor and is responsible for providing guidance and leadership in an emergency situation. It is the responsibility of the Safety monitor to oversee that all Officials have been adequately trained and understand the plan and their role in its implementation. The Safety monitor will appoint a designee to act in their absence. Criteria for Evacuation Any active shooter or threat of a violent person or persons,'public disruption and/or any other incident deemed unsafe. Any threats of a violent event in which an evacuation to a defensible area is required to provide safety. Plan Implementation-Authoritv Any Town Official or police officer has the authority to implement the plan based on any incident or event that is deemed unsafe for Town Officials and staff. The first person becoming aware of an event that meets the plan's criteria for evacuation will announce "CODE RED" to all Officials present, which in turn will continue repeating the announcement to all officials in their close proximity. Simultaneously the alarm button will be activated by the Mayor, Town Clerk or any other Official in close proximity. As the announcement is made all officials will immediately follow the evacuation route and proceed to the secure area within the Police Department. Evacuation- Alarm When a "CODE RED" announcement is made, all Town Officials and staff present will follow the evacuation route to designated location. All Officials and the Town Clerk will exit via the North door to the rear parking area and re-enter via the Police Department door and proceed to the secure area. All other staff members will exit via the East door of the Board Room and continue inside the Police Department to the secure area (see attached floor plan). The Safety monitor will be responsible to account for all Officials and staff inside the secure area and lock the doors. As soon as practical the Safety monitor will contact the Police Department Communications Center and report that the plan has been implemented; the welfare of the Officials and staff, the circumstances that initiated the plan and any other pertinent information. Town Officials and staff will remain in the secure area until a police department representative announces an "ALL CLEAR" either by a communications link to the April 2009 2 Emergency Action Plan CONTBDINTIAL Threat Response Communications center or verbally through the door. The Safety monitor will confirm the police department representative's identify prior to opening the door for exit. Recovery Following implementation of the plan all Officials will be debriefed by the Town Administrator or their designee and the Chief of Police or their designee. Additional assistance will be provided as necessary, re: Medical care, counseling or any special needs. Special Considerations The Safety monitor may designate a person and an alternate for individuals that may need assistance during an evacuation. If an injury occurs and an Official is unable to follow the evacuation plan the Safety monitor or designee must notify emergency response personnel of the location ofthe disabled person as soon as practical. Training All Town Officials and staff members will be trained in safe evacuation procedures. Training on the use of the plan and safe evacuation procedures will occur annually. Newly appointed Officials will be trained on the use of the emergency action plan as soon as practical after taking office. The Town Clerk is responsible for insuring that all Officials are trained in the plan. The Town Clerk will coordinate with the Police Commander to ensure that the training requirements are met. A packet containing the plan and evacuation route will be distributed to all Town Officials, Town Administrator, Deputy Town Administrator, Town Attorney, Chief of Police, Town Clerk and the Communications Administrative Sergeant. Security The Police Department provides police officers for the security of Officials during Board meeting room functions. When a "CODE RED" is announced police officers will adhere to the Estes Park Police Departments Use of Force policy to manage the incident. Following an activation of the plan all police officers involved will complete a case report. Secure Area A direct communications link will be mounted inside the secure area for use during an emergency evacuation. An emergency kit with first aid, water, blankets and provisions will be maintained within the secure area. Town of Estes Park - Department Approval Town Administrator: Date: Chief of Police: Date: April 2009 3 U -- 11 L...A- 2 8- -84 - Cg ro -O 1 - 23 1 LA c CBM UU U L 00 - n CE LU Â£3 zoo L & if 3% C - 9 E .ME r'O 32 & 30 ga T ~ I 1&", 8 6 C = R f H_f 0000 050 - t10000 CE O 0300000@30000000 0000000 0000000 00000 ET L clE-lfar-~Ell LU 0 4,911""Paf4""11"UP CJ') rrunrnn i i I CE]CI]C}o p inrinano 1 -â€¢â€¢ - ~300 8 tt= E 01 a C (0 0 02 0 - 2 .C A ac M /0 a 05 k; 43 1 0- 0- J XA Ul ~ f~NLY 71 U LI~-1/-/ H---f . -Il Ir 11011N3(18:liNÂ©3 Interview ~~nadnoff nce >IMVd S31 Sta i rs Board Evac OeA3 Uels 3100@ NOI1Vn0VA3 08Â¥08 NMol >Iblvd Sals3 00Â¥Holo~~ SafetyZone 8~3 60,5 5 :31Â¥odn isvi IFeet Office Judge Records ~ IOJ]UOD Process 26Â£/045 ' ~_~ ' SAFE ZONE Cell #2 SAFE Z~N-E~~ 5/6/2010 ix- f , A. r -1 I ./ 11#.Â· - p.Â·Â· -Â· -Â· â€¢-,, ' â€¢4 1~ I t ..l . 2 41. . .2?8 6 .... e ?P P % 1 Town of Estes Park I. I. 50 e Â¥ 4% ' . 4 1 I *J Emergency Operations 4 4 0 07 ' 1 A ' 47,1 4,1'*WA*01#614Â»Â»*%>**Â©*'r>r-*y*~<ty~Â·*a-r/Mr*w)Â·,,- Emergency Action Plan AF Town of Estes Park Board Meeting Room Threat Response e ., Purpose ' f. 1 4 -1 3 â€¢ The purpose of this emergency action plan is to i prepare Town Officials and staff with a defensible . 1 solution to any violent incident that occurs within the 1 'r Board Meeting room. 9 1. â€¢ This plan is specific to any active shooter or threat of Â£-8 a violent person or persons, public disruption and/or S any other incident deemed unsafe. 4 ESTES i.-_e PARK 1 5/6/2010 1. I I Purpose 6 j â€¢ This plan is not to be used for evacuations caused by fire alarms, bomb threats, chemical release, power outages or natural disasters. 1 . â€¢ This plan is based upon the concept that a violent event is occurring and evacuation to a defensible area is required to protect life and provide safe # shelter. 2 4 ESTES-1.PARK ' M Safety Monitor i,/ad.WWA/*diA' â€¢ A board member will be designated the Safety monitor and is responsible for providing guidance and leadership in an emergency situation. â€¢ It is the responsibility of the Safety monitor to oversee that all Officials have been adequately trained and understand the plan and their role in its implementation. The Safety monitor will appoint a designee to act in their absence. ESTES ME.* PARK 2 4 . .. 5/6/2010 Criteria for Evacuation &&'I I .42<g.,r-litÂ«* -2* ./41*** 4 1 . Any active shooter or threat of a violent person or i fR Â¥ persons, public disruption and/or any other incident deemed unsafe. r. 6 1 8.1 LiA 1 â€¢Any threats of a violent event in which an evacuation * 7 to a defensible area is required to provide safety. ki ESTES -MEs: PARK 4*" \3 I ... Plan Implementation-Authority el - . Â¢ Â· ~Firs-9-**4.909'~,Fo".4.-=80*4"W i Any Town Official or police officer has the authority to implement the plan based on any incident or event that is deemed unsafe for Town Officials and staff. F K â€¢ The first person becoming aware of an event that % meets the plan's criteria for evacuation will announce ., "CODE RED" to all Officials present, which in turn will continue repeating the announcement to all Officials L_=.2 in their close proximity. ESTES _.de PARK 3 #%, 5/6/2010 " 1/Al. ' Plan Implementation-Authority â€¢ Simultaneously the alarm button will be activated by the Mayor, Town Clerk or any other official in close 4 = proximity. tg ., 't â€¢Asthe announcement is made all officials will immediately follow the evacuation route and proceed to the secure area within the Police Department. E S T E S 1:25 PARK Evacuation- Alarm A 1 14. .F 4. 1 :- 1 I All Officials and the Town Clerk will exit via the North door to the rear parking area and re-enter via the Police Department door and proceed to the secure area. - I â€¢ All other staff members will exit via the East door of the Board Room and continue inside the Police Department to the secure area. The Safety monitor will be responsible to account for all Officials and staff inside the secure area and lock the doors. ESTESINE'Â®PARK 4 5/6/2010 t. t le Evacuation- Alarm , e C., i â€¢ As soon as practical the Safety monitor will contact 5 the Police Department Communications Center and report that the plan has been implemented; the welfare of the Officials and staff, the circumstances that initiated the plan and any other pertinent information. k 4 ESTES MEÂ® PARK Evacuation- Alarm UGUI.Ul-2 â€¢ Town Officials and staff will remain in the secure area until a police department representative announces an "ALL CLEAR" either by a communications link to the Communications center or verbally through the door. The Safety monitor will confirm the police department representative's identify prior to opening the door for exit. ESTES BEÂ® PARK 5 11 --4- 1 1. Â·. 5/6/2010 Recovery â€¢ Following implementation of the plan all Officials will be debriefed by the Town Administrator or their designee and the Chief of Police or their designee. Additional assistance will be provided as necessary, re: Medical care, counseling or any special needs. ESTES -ME, PARK Special Considerations Â·Â· ",1 â€¢ The Safety monitor may designate a person and an alternate for individuals that may need assistance during an evacuation. â€¢ If an injury occurs and an Official is unable to follow the evacuation plan the Safety monitor or designee must notify emergency response personnel of the location of the disabled person as soon as practical. ESTES 322., PARK 6 5/6/2010 -+4 , 1 'Â·4 1 41 k ; $ b: 1 V. 2 *11 4 ,*i 1 Training 4 1 . 494:, ~ t r ESTES -MEÂ® PARK 7