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HomeMy WebLinkAboutPACKET Town Board 2010-08-10FluG Prepared 8/2/10 *Revised IMU TOWN or ESTES PARKL 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, August 10, 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 July 27, 2010 and Town Board Study Session Minutes dated July 27, 2010. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services, July 22, 2010. 4. Estes Valley Board of Adjustment Minutes June 8, 2010. (acknowledgement only). 2. LIQUOR ITEMS. 1 RENEWAL APPLICATION FILED BY ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. dba ROCKY MOUNTAIN PHARMACY ESTES PARK, 453 E. WONDERVIEW AVENUE #1. Town Clerk Williamson. 3. REPORTS AND DISCUSSION ITEMS: 1. TOWN BOARD LIAISON UPDATES. Board Members. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 4. ACTION ITEMS: 1. HABITAT FEE WAIVER - BUILDING PERMIT AND TAP FEES. Dir. Joseph. 2. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Jackie Williamson From: Admin iR3045 Sent: Wednesday, August 04, 2010 5:04 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3099 ST. TIME 08/04 16:50 PGS. 1 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, July 27, 2010 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 July, 2010. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Lowell Richardson, Deputy Town'Administrator Jackie Williamson, Town Clerk ~ :"©x Absent: Jacquie Halburnt, Town *liministrator \ \ \ Greg White, Town Attoifte4 14\ 1\51 I 'V Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. C \1 \%>X PROCLAMATION & CERTIFICATESiOF APPRECIATION FOR EPURA. Mayor Pinkham read a peclamatioh in honor .of thf Estes Park Urban Renewal Authority (EPURA) and the investments ~tt*'Authority provided to the Town of Estes Park over the past 2iyeard. Mayor piAkhan{ presented each EPURA Commissioner with a Certificate <Apbreciatio¢ ) \\ PUBLIC COMMEN 4. /8,/» V Joanna Darden/Town citizen.qbestibnedwiypsecrecy envelopes are not included with the current mail ball*. ~She requested 2~envelope be included for the voted ballot. Town CheEK Williarr,son,resboAded stating the current election is a mail ballot election cond~ted by Larimer'County and not the Town. , & liN f / David Hilb@Cter, Town citizdn read a prepared statement related to the newly instituted Freethoughtjrail, religious;<bractices and the desecration of the Pledge of Allegiance with the addition*of 'undet God' TOWN BOARD COMMENTS. Trustees Blackhurst And Miller thanked EPURA, its Commissioners, Executive Directors and staff for their efforts and improvements to the Town. Mayor Pinkham stated the Whiteside stables have been removed to make way for a new Safeway gas station across from the Visitors Center. He commended the Board for the amount of time and initiative the Board has taken over the past year. 1. CONSENT AGENDA: 1. Town Board Minutes dated July 13, 2010 and Town Board Study Session Minutes dated July 9, 2010 and July 13, 2010. 2. Bills 3. Committee Minutes - None. Board of Trustees - July 27, 2010 - Page 2 4. Estes Valley Planning Commission Minutes June 15, 2010 (acknowledgement only) 5. Estes Park Urban Renewal Authority Minutes June 16, 2010 (acknowledgement only). It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson reported the joint $2.418 million project between the EPURA and the Town was substantiall~gompleted on June 11, 2010 with a Temporary Certificate of Occupancy issued. A public dedication and grand opening was held on June 30, 2010. A fihal*unch list of items to be completed has been forwarded to the contractor'wittha completion date within the next couple of weeks. A final Certificate~of/Occupancy would be issued after a final walk through with the contractor.#-Final it@r«to be addressed by staff include landscaping along Manford¢Avehue, upgrad&.f*ncing and acquire appropriate discharge permit for drainage associated withh2shing down the bleachers. The Town has received46 rebate from,Platte River'P.&ver Authority for the energy efficient lighting installed>at the fatility, with the Towrhealizing a saving of approximately $1,500 in utilitq,f@es,pdr year. /%' 14.- 7 Trustee comments were heard *and summarized: signage should be added to direct attendees to the verid60; <handicap signage,needs to be marked in the parking lot; questioned if th@*!pacher®rainage issue would be resolved; arid staff should reviewjarranty~ issues withih:therrfext 11 months prior to expiration. DKputy$Town Adminihtrator Rich@~dson stated staff and the contractor hate·develop@d a solution to address the bleacher drainage issues. CL j ) \11 2. BOARD LIAISON UPDATES. ~ k Trustee Kouni@*formed.the-Board,the overall attendance at this year's Roo#Tp Rodeb.was ilp and the··LioA& Club brought in approximately $10,000 : more this,year atttlie, concession stand in the new grandstand facility. She ~.stated the V¢hture 'S800 group from Costa Rica just' completed a 10 day \ \exchange in Estds Park. il X Mayor Pro Tem ILdvine stated the Partners of Commerce continues to get feedback from local businesses as to their concerns and needs. The group exists tc>providd resources and educational opportunities to support existing and futCrOdusifiess in Estes Park with items like Business to Business luncheons,~6lcome Wagon, workshops and networking events. Trustee Elrod provided an update on the recent Estes Valley Planning Commission meeting, in which the Commission discussed how to move forward with regulations for small wind turbines, discussed communication between the Town Board and the Commission (Attorney White to develop information for the 2 bodies to review), Director Joseph reviewed a problem statement related to development standards and review process for private schools that comply with the Religious Land Use And Institutionalized Persons Act. Trustee Ericson stated Supporters of the Performing Arts held their first meeting with the newly hired financial consultant who presented specific recommendations to move fundraising forward. Larimer County Open Space Committee has shifted focus from purchasing lands to enhancing trails and Board of Trustees - July 27, 2010 - Page 3 maintenance. The Transportation Committee would be soliciting public input and moving forward after Labor Day. 3. TOWN ADMINISTRATOR REPORT. None. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham opened the Public Hearing for all Consent Agenda Items. 1. CONSENT ITEMS: A. AMENDED SUBDIVISION PLAT 1. Amended Plat, Portions of Lots 1 & 2, Bldck. 2, 2nd Amended Plat, Town of Estes Park, 167 E. Elkhorn*Avenue; 167 East Elkhorn, LLC/Applicant. Trustee Miller requested the item be moved to an action item. / / 111.... <V \.1 2. ACTION ITEMS: \\ A. Amended Plat, Portions:Of Lots 1 & 2..Block 2, 2~tAmended Plat, Town of Estes Park, 16AE Elkhorti Avenue: 167 Eadt Elkhorn, LLC/Applicant. \V / Trustee Miller requpsted a brief explanation of the findings and conditions recommeAded by the Estes Valley Planning Commission, and requested staff. inclikle such ithms in future reports. Planner Chilcott stated all firtdings akt?tonditiond'had been addressed prior to theyown Board\:,Alfettpd/-AR'*theref*as no comment, It was movdd*and' seconded=(Miller/Blkkhdrst) the Amended Plat as described abdve be appr6ved, and it passed unanimously. 1 y 1. 4 1 B. Accommodation Zoning District Amendments to the Estes Valley Ddvelopment ··Code -to#Allof Townhomes - First Reading/Public -Hearind. / ..+'31' 3 K, , g -*Mayor *inkham reopened the public hearing. Planner Shirk revidwed an amendment to the Estes Valley Development Code that I I ./ I. wodld hllow townbome subdivisions in A and A-1 zoning districts and eliminht& the requirement of five or more units. Trustee Blackhurst .. stated th* change would help developers and homeowners obtain \j~financirtgfbecause townhome owners also own the land with the #, homet .,Deputy Town Administrator Richardson read Ordinance 16- 110>intd the record. As there was no public comment Mayor Pinkham dosbd the public hearing. It was moved and seconded (Levine/Blackhurst) to approve Ordinance 16-10, and it passed unanimously. C. Development Plan Expiration Amendments to the Estes Valley Development Code - First Reading/Public Hearing. Mayor Pinkham reopened the public hearing. Planner Shirk reviewed the code change causing approved development plans to expire after three years from the date of approval, if no construction activity has occurred. The code change would be retroactive to existing plans; therefore, staff contacted 21 property owners to notify them of the change. Joanna Darden/Town citizen questioned if a development would be subject to the new code if building permits were pulled but not completed. Director Joseph stated the code language only Board of Trustees - July 27, 2010 - Page 4 addresses development plans that have not been developed within three years of approval. Charlie Dickey/Town citizen questioned if the code would apply to the Park Theater Mall that was destroyed by fire. Director Joseph stated a destroyed nonconforming structure has one year from the date of the incident, such as fire, to submit for a building permit for the same structure. Jim Tawney/Town citizen requested the code have as much flexibility as possible due to the current economic and financial environment. Mayor Pinkham closed the public hearing. Deputy Town Administrator Richardson read Ordinance 17-10 into the record. It was moved and seconded (Blackhui*Miller) to approve Ordinance 17-10, and it passed unanimot~sly. /,a: k. D. A-1 Accommodations Density and Dimensional Standards Code Revision to the Estes Vallev»beveldbnfent Code - First Reading/Public Hearing. / / \\. Mayor Pinkham opened ,the/public hearing. \Planner Chilcott reviewed the proposed <6(14 amendment that wbulb\Flarify how density is calculated in the#·11 zoning'dihtrict; clarifies'thedifference between a B&B, a cabin-slytedop¢tratibn, and a small hotel; and removes a reference to the EV[)O'Section 5.1.P for low-intensity resort lodges/cabin**in the A-1 ~zohig district. As there were no public comment,Nthbas-Whoved anhiseconded (Levine/Koenig) the public hearing bb hontinu@a,to Aubuk 24, 2010, and it passed unanimously. \ \\12/\,4>V i / 4. ACTION ITEMS: / 1. ORDINANCE 18-10 PLATTE RIVER POWER AUTHORITY ORGANIC CONTRACT& POWER SUPPLY CONTRACT. UtilitieSEngineer Bergsten recommehded extending the Organic Contract and /fhe'Pbwer. Supply agreement with Platte River Power Authority through 2050. extensiont®of the contract was approved 2 years ago and since that time \ \there have bderbsome Minor changes from the other municipalities. Attorney \*Vbite has revieWed thkihanges and agrees that the changes are not sighificant. Deputy Town Administrator Richardson read the Ordinance into the recbrdX Mayor Pinkham opened the public hearing and as there were no comments the hearing was closed. It was moved and seconded (Koenig/Blackhurst) to approve Ordinance 18-10, and it passed unanimously. Brian Moebk/PRPA General Manager thanked the Board for approving the contract and agreement. Whereupon Mayor Pinkham adjourned the meeting at 8:50 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 27, 2010 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Room 130 in said Town of Estes Park on the 27th day of July, 2010. Board: Mayor Pinkham, Trustees Blackhurst, Elrod, Ericson, Koenig, Levine and Miller Also Attending: Deputy Town Administrator Richardson, Director Joseph, Chief Kufeld, Town Clerk Williamson Absent Town Administrator Halburnt, Town Attorney White, PIO Rusch Mayor Pinkham called the meeting to order at 5:00 p.m/ 4%4, V \\ 40 \ BEAR PROOF TRASH CANS ./1 1 4. Chief Kufeld stated the Police Department responds to approximately two bear calls per week. The Police educate the individualstasip why thdxbears are in\the® area. He commented Cheley Camp has installed bearrproof trastfcans to address iKe extensive problem at the camp and no longer has an issu@~Withfbed;s. Director Joseph stated the current Town ordinance does not*egulate resid&ritial, trash with regard to how it is stored. Town Administrator Rich#d*nistated t?a€114ordinances are common in communities with wildlife concerns and gJne?allyiregukfte how trash is handled and do not require wildlife cans. Trustee Blackhurst questiori€ ifthe DOWi has reopened the spring bear hunt. He 4 I stated bear-proofing'would not *,ake a difference if there continues to be overpopulation and would be ver* ex'pensive to th6 Town ahd the citizens. Trustee Millecstated he favdred"Arrordinance.toaddress when and how trash should be stored prideto irash pickup.* Vacation honie owners regularly leave trash out for a numbef oftlays beford*regulgrly~scheduled trash pickup. Trustee Koenig favorsteducate©the public on the issue over the passage of an ordinanbe*require bear-proof trash receptacles. % 1 1 4 \ Discussion was f heard amongst the Board and is summarized: other wildlife such as raccoons are a'problem, as well as the bears; the issue is the confrontation potential between animals andjpeople; education should be increased during the appropriate time of year to inform the citizenry through the Town's PIO and the utility bills; and HOAs would be the logical mechanism for distributing information to homeowners. Director Joseph stated only properties that have been developed with the new Development Code are required to have bear-resistant receptacles; therefore, full compliance with the code requirements would only come with redevelopment of property in the valley. Trustees Koenig and Miller reviewed a program in Pueblo in which a group of volunteers provide information to the community on code violations such as trash in an effort to bring them into voluntary compliance. If the initial outreach is unsuccessful, the matter is turned over to the Code Enforcement Officer for further action. The Police Auxiliary may be a logical group to develop a core volunteer group in Estes Park. RECORD OF PROCEEDINGS Town Board Study Session - July 27, 2010 - Page 2 Staff would contact DOW to discuss further education on the issues/concerns, develop education message with PIO and investigate the code enforcement techniques used in Pueblo. RECYCLING The memo prepared by Town Administrator Halburnt stated'the issue is whether or not to require trash haulers in Estes Park to offer recycling as opposed to requiring a recycling fee for each account. Larimer County language was reviewed. Trustee discussion is summarized: two companies already provide curbside recycling for a fee; the Board encouraged Waste Management to promote curbside recycling during its September 22,2009 study session meeting; more education such as articles to inform the community of the options available; there is a need for cardboard recycling in the summer; the Town has made improvements at the transfer station and Bond Park by supplying recycling receptacles; the Town should not compete with private industry that already exists; and the issue should be addressed at'the upcoming Triangle meeting between the Town, County and Planning CommissiA.iRAugust. Mayor Pinkham stated he would attend the next Recyqling,Committee meeting to inform the group the Town will not address recycling because.it is beingaddressed by private industry. )£ i MEETING PROCEDURES. < \1 Trustee Miller stated the Board has discussed in the,~*t the need foddeveloping meeting procedures, and at the recent CML co*hf#reyA Was highly recommended that a set of rules should be adopted b~thegoverninii't~~y< conducting meetings. Discussion was heard amongst th€Board with a consensus that Trustee Koenig and Elrod would develop a draft meeting#,procitiur¢poI]py *itlt'~the assistance of Attorney White, Town Administrator.Halburnt ariel Towrj,Clerk Willian~tsoh. f /24\ 9:7 / \-4 There being no further*business>Mayor Pirikham adjourned the meeting at 6:35 p.m. 29> Jackie Williamson, Town Clerk 4 11 V \94> j RECORD OF PROCEEDINGS Town o f Estes Park, Larimer County, Colorado, July 22, 2010 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 22nd day of July 2010. Committee: Chair Levine, Trustees Elrod and Miller Attending: Chair Levine, Trustees Elrod and Miller Also Attending: Town Administrator Halbumt, Deputy Town Administrator Richardson, Directors Joseph and Kilsdonk; Manager Winslow and Deputy Town Clerk Deats Absent None Chair Levine called the meeting to order at 8.00 a.m. PUBLIC COMMENT. Marsha Hobert, County resident, expressed dissatisfaction with the ban~r.Abde stating that it does not address the needs of Estes Park business people, community service clubs, and non-profit organizations. She said that in these difficult economic times, business owners must be innovative in their advertising practices and that the banner code should provide flexibility for 9creativity. She noted that business owners are confused by the enforcement of the banner code since the remainder of the sign code is currently not being enforced. Trustee Miller said that the revised sign code includes a provision for a flexible sign permit that would ' allow business owners to be more creative with their signage. Trustee Elrod ndted'that Larimer County's sign code makes a distinction between signage for commercial and non-commercial enterprises. Dir. Joseph stated the banner portion of the«sign code was approved by the Town Board and is being enforced proactively and by complaint. COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Visitor Servides - Mgr. Salerno noted that although visitation to the CVB on July 4, 2010, was the highest since the CVB was created, overall visitation for the first half of 2010 is down approximately 4% over the same period last year. • Museum - The U.S. Premier of /n the Footsteps of /sabe//a Bird was held at the museum on Friday July 16th and was well received. Mgr. Fortini noted that year- to-date attendance numbers are down for 2010. The Committee requested a breakdown of program attendance and gallery visitor numbers in order to analyze this downward trend. Mgr. Fortini reported that the museum received federal grant monies to be utilized to digitize the museum's photo collection. COMMUNITY DEVELOPMENT DEPARTMENT. SIGN CODE REVISIONS. Dir. Joseph summarized the Sign Code Task Force's objectives for the revision of the sign code as being to address temporary banners, create a creative sign program, accommodate temporary event signage, provide illustrations in the code, accommodate neon and new light-emitting diode (LED) technology with measureable illumination RECORD OF PROCEEDINGS Community Development / Community Services - July 22, 2010 - Page 2 standards, relax general standards, provide for a staff level 10% variance process, housekeeping revisions, streamline and ramp up enforcement to level the playing field, and to create an informational sign code handbook for new businesses. Code language allowing temporary banners was added to the Sign Code and approved by the Board in December 2009. The draft version of the code presented at the meeting included annotated photos to illustrate regulations; a staff level variance of 10% prior to being referred to the Board of Adjustment (BOA); relaxes standards in the CO zoning district; increases the allowable size for real estate signs; allows for change of copy to joint ID signs without a permit and exempts them from the total signage area; increases the size measurement polygon from eight points to 12 points; allows wall sign placement on non-frontage walls; includes provisions for use of the banner poles at the Highway 36 and 34 intersection; exempts off-site posters, for events such as the rodeo and the duck race, which measure two square feet or less from regulation; and outlines a creative sign program. The Committee discussed the revisions focusing on the ability >of local non-profits to advertise their special events, raffles, etc.; the proposed/composition of the creative design review board; commercial and non-commercia'Asigns>.lighting regulations and reader board signs; the appropriateness of appeals beingmade to the Board of Adjustment; and whether signs need to be re-dermitted for: cbpy changes. The Committee requested staff revisit the code related to non-profit special events; define commercial and non-commercial signs; andy@vise the make-up of the creative design review board to include a resident who isfa non-business owner, an artist or design professional, a variety of business people, and fo.remove the two Town trustees. PUBLIC COMMENT. Jack Vaughan, Town resident and Noon,Rotary Club member, commended staff for their work on the sign code and propos@d ati'increaseto the length of time allowed for specialevent posters, such as the Duck'Rac@-posters, to be displayed. , 4 Marsha Hobert, County resideht, commented.that business owners in the County are allowed to do more in terms of,signage than those merchants within the Town limits. She noted that not all banners contain tembofary advertising for a special event but are of a more permeineht nature, that_bannets are economical and draw attention to businesses, and thatrworking together willhel# people succeed and stay in business. John Ericson, Town resident,uspoke in favor of getting the sign code adopted and resuming enforcement of thd code, and supported the inclusion of community members on the creative sign review board to provide a non-commercial perspective. C.r Town Administrator Halbumt recommended the sign code be taken to a study session on August 10, 2010, to allow for review and discussion with the full Board and suggested not -enforcing the sign code until after the summer season. Trustee Miller proposed looking into alternative enforcement techniques such as using volunteers to make initial contact with business owners who are violating the sign code. He said this method of enforcement was discussed at the Colorado Municipal League (CML) conference and has' been used successfully in Pueblo, Colorado. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Community Development Financial Report. • Monthly Building Permit Summary. • Communitv Development Assessment Implementation Update - Planner Shirk provided an update on the implementation of recommendations from the assessment performed by Zucker Systems in September of 2009.. He reported that, to date, 100% of the high priority recommendations have been started and/or completed. Town Administrator Halburnt noted that based on budget and administrative decisions, all of the recommendations contained in the RECORD OF PROCEEDINGS Community Development / Community Services - July 22, 2010 - Page 3 assessment may not be implemented. • Skills & Knowledge-Based Qualifications for Contractor Licensing - An ordinance to adopt a process for contractor licensing will be brought forward by staff this fall. Contractor licensing, which was modeled after Larimer County's licensing program, would become effective January 1, 2011. Larimer County recently adopted an experience-based qualification in lieu of testing and the proposed draft ordinance for the Town now contains a similar provision. • 2009 International Building Code Adoption - Discussion was continued to the September Community Development / Community Services Committee Meeting. Subject matter within the code that may require local amendments will be brought forward for direction from the Committee. PUBLIC COMMENT. Mike Menard, President of the Estes Valley Contractors Association (EVCA), thanked Town staff for their efforts in scheduling meetings for public input during the code adoption process. He stated the EVCA is in favor of moving forward with the code adoption, supports experience-based contractor licensing and the idea of a construction advisory board. There being no further business, Chair Levine adjourned the meeting at 11:11 a.m. Cynthia Deats, Deputy Town Clerk k j RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 8, 2010, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Bob McCreery, Members John Lynch, Chuck Levine, Wayne Newsom, and Pete Smith; Alternate Member Jeff Moreau Attending: Chair McCreery, Members Lynch, Levine, Newsom and Smith Also Attending: Director Joseph, Planner Dave Shirk, and Recording Secretary Thompson Chair McCreery called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None 2. CONSENT AGENDA Approval of minutes dated February 2, 2010. It was moved and seconded (Levine/Newsom) to APPROVE the minutes as amended, and the motion passed unanimously. The minutes were corrected to read that Bob McCreery, not Chuck Levine, chaired the February 2, 2010 meeting. 3. LOT 3, BLOCK 1, CARRIAGE HILLS lsT FILING, AMENDED PLAT, 630 WHISPERING PINES, Applicant: Joe Coop/Van Horn Engineering - Request for variance from EVDC Table 4-2, which requires a 25-foot minimum building setback from the side property line in the E-1 Estate zoning district. Request is to allow an encroachment of 13.4 feet into the setback for an existing garage. Planner Shirk reviewed the staff report. The purpose of the request is to allow a detached garage that was inadvertently built in the setback to remain in place. The error was realized when the surveyor completed the survey for the setback certificate. Planner Shirk reviewed the staff findings concerning special circumstances or conditions. The structure was built using an incorrect property line, resulting in the structure being located within the setback area. In determining practical difficulty, staff found the existing single-family residential use may continue; the requested variance was not substantial; and the essential character of the neighborhood would not be substantially altered. Adjoining properties would not suffer a substantial detriment. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. No comments were received from neighboring property owners. Planner Shirk stated the applicant's predicament could be mitigated through some method other than a variance: 1) the property line could be moved, which would require consent of the neighbor, purchase of the land, and followed by an amended plat, or 2) the structure could be moved. Staff suggested that neither of the options were practical. The variance represents the least deviation from the regulations that will afford relief. Staff recommends approval of the requested variance conditional to finalization of the building permit and associated inspections no later than June 30, 2010. Failure to do so shall render the decision of the Board of Adjustment null and void. June 30, 2010 is the building permit expiration date. Public Comment: Joe Coop/Van Horn Engineering stated his involvement with this request began at the time the setback certificate was required for the variance. He stated the applicant did most of the work prior to the construction of the garage. Mr. Coop said there was a survey marker at the site, but after taking measurements determined there was an error in the site plan. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 June 8, 2010 He stated this incorrect marker had been used multiple times, as the true property pin was buried. Mr. Coop stated that the State of Colorado has regulationd prohibiting the removal of any survey markers. Chris Kurelja/Applicant stated he received an extension on the original building permit. At the time of the original pour of the foundation, inspections were completed based on the incorrect pin. It was moved and seconded (Newsom /Smith) to APPROVE the request fof a variance from EVDC Table 4-2 to allow the existing garage to encroach 13.4 feet into the 25- foot side yard setback in the Ed zoning district with the findings and condition recommended by Staff, and the motion passed unanimously. CONDITION: 1. Finalization of the building permit and associated inspections no later than June 30, 2010. Failure to do so shall render the decision of the Board of Adjustment null and void. Discussion occurred about the erroneous pin and ways'to avoid future errors. Mr. Coop explained that this was a common occurrence that requires a change in state laws. He took steps to make the correct pin more visible. Director Joseph stated that although the pin was placed incorrectly, chances are there is a legal descriptionY based on that pin, requiring the pin to remain in place. 4. REPORTS None. There being no further business, Chair McCreery adjourned the meeting at 9:30 a.m. Robert McCreery, Chair Karen Thompson, Recording Sebretary IME++ TOWN op ESTES PARL Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: August 4,2010 RE: Renewal Application Filed By Rocky Mountain Pharmacy of Estes Park Inc. dba Rocky Mountain Pharmacy of Estes Park, 453 E. Wonderview Avenue #1 Background: On November 14, 2009, an alcohol sales compliance check was conducted by the Liquor Enforcement Division at your business. Unfortunately an employee of the pharmacy illegally served alcohol to an underage person and/or did not ask for identification and served the underage person alcohol. This is a violation of the State Liquor Code and has been handled by the State Liquor Enforcement Division. Attached is the Stipulation Agreement between the business and the State Liquor Enforcement Division outlining a nine (9) day suspension of the liquor license with three (3) days served and six (6) days held in abeyance. In lieu of an active suspension, the licensee has elected to pay a fine, and therefore, the three (3) suspension will be deemed automatically stayed. If further violations occur within a year of the stipulation, the licensee will serve all or any days of the suspension held in abeyance. T. I.P.S. training was completed on January 30, 2010 by the employee that sold the alcohol to the under-age person. Budget NA Staff Recommendation: NA Sample Motion: I move to approve/deny the renewal application for Rocky Mountain Pharmacy of Estes Park Inc. dba Rocky Mountain Pharmacy of Estes Park. Page 1 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER IN THE MATTER OF: . ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. Dma ROCKY MOUNTAIN PHARMACY OF ESTES PARK 453 EAST WONDERVIEW ESTES PARK, COLORADO 80517 LICENSE NO. 10-80000-0000 THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Rocky Mountain Pharmacy of Estes Park, Inc., d/b/a Rocky Mountain Pharmacy of Estes Park, 453 East Wonderview, Estes Park, Colorado 80517 ('licensee") is offered for the purpose of spttlement of the matters detailed in the Order to Show Cause, Notice of Hearing, and Forfeiture Action attached hereto as Exhibit 1 (hereinafter "Notice"). The above-named parties submit and agree as follows: 1. The facts and allegations contained in the Notice are true and accurate. 2. The Licensee agrees to anine (91 day suspension ofits liquor-licensed drugstore license as a penalty for its violation of the Colorado Liquor Code as set forth in paragraph 1 of this Stipulation and agreement. Said suspension of Licensee's liquor-licensed drug store license to take place as follows: A. License to be actively suspended for three (3) days . from 12:01 am on February 6,2010 until 11:59 p.m. on February 8, 2010.' B. During any period of active license suspension, Licensee will post its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. C. Six(6) days of suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. 3. The Licensee petitions and the Division agrees that the Licensee shall be allowed to pay a fine in lieu of active suspension in accordance with 12-47-601(3), C.R.S. In this regard, the parties agree as follows: Stipulation, Agreement, and Order Rocky Mountain Pharmacy of Estes Park Greeley Office Page 3 This Stipulation, Agreement, and Order shall not be effective unless and until approved by the state licensing authority. 04.,u Afil- C Olkki,n Lauta K. Harris GregoO~. Barton Director Rocky Mountain Pharmacy ofEstes Park Liquor Enforcement Division 446 o [-7-la Date Date APPROVED and ORDERED this A liay of(~GA/\11 8ht 2010. Roxy Hu~r Executi* Director Department of Revenue State Licensing Authority BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER TO SHOW CAUSE, NOTICE OF HEARING, AND FORFEITURE ACTION IN THE MATTER OF: ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. D/B/A ROCKY MOUNTAIN PHARMACY OF ESTES PARK 453 EAST WONDERVIEW ESTES PARK, COLORADO 80517 LICENSE NO. 10-80000-0000 WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director, Department of Revenue, State of Colorado, that Rocky Mountain Pharmacy of Estes Park, Inc., d/Wa Rocky Mountain Pharmacy of Estes Park, 453 East Wonderview, Estes Park, Colorado 80517 ("Licensee"), has violated the statutes or the regulations of the Department of Revenue governing its liquor-licensed drugstore license in the following particulars: I) Pursuant to Section 12-47-901(1)(a.5)(I), C.R.S., except as provided in Section 18-13-122, C.R.S., it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years. A) It is alleged that on November 14, 2009 the Licensee, through its employee/agent, Camellia Jo Musall, permitted the selling, serving, giving, or procuring of an alcohol beverage (Bud Light brand malt liquor) to LG-09-103, a nineteen-year-old Liquor Enforcement Division underage purchaser. II) Pursuant to Section 12-47-907, C.R.S., there shall be no property rights of any kind in any alcohol beverages, vessels, appliances, fixtures, bars, furniture, implements, wagons, automobiles, trucks, vehicles, contrivances, or any other things or devices used or kept for the purposes o f violating any provisions of this article or article 46 of this title. A) It is alleged that on or about November 14, 2009, the Licensee used or kept on the licensed premises one (1) 12 oz. bottle of Bud Light brand malt liquor for the purpose of violating the provision of article 47, as alleged in paragraph I of this notice. NOW THEREFORE, you are hereby ordered to appear before me to show cause why your said license should not be suspended or revoked as provided by law. ;i. A pre-hearing meeting with the Liquor Enforcement Division to discuss matters relating to this notice, including the setting of a mutually convenient hearing date, may be arranged upon your request. You should contact Supervising Investigator, David Ziemer at 970-356-3992 within ten (10) days of the date of this notice to arrange such a conference. If you fail to contact the Division within ten (10) days, a hearing date will be set without further notice to you, and you will then be notified by letter ofthat hearing date. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a postponement will not be granted except for good cause shown. If you should fail to appear at the scheduled time and place for the hearing, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer code may be suspended or revoked. Please be further advised that if the State Licensing Authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the State Licensing Authority may consider, in selecting the sanction to be imposed against you, any mitigating or aggravating factors, any prior violations of the Colorado Liquor or Beer Code, as well as any sanctions previously imposed. IT IS FURTHER ORDERED that a copy of this Order to Show Cause, Notice of Hearing, and Forfeiture Action shall be mailed or delivered to the above-mentioned Licensee. IN WITNESS WHEREOF, I have here unto set my hand and seal of my office this 78 day of December, 2009. f V ./ .-• - - Roxy,Hub'er ~ Executive Director Department of Revenue State Licensing Authority TOWN oF ESTES PARI© 9„?Argy« *0934 ~904 ~.ff ·:,2.4»2§ - ¥+ .el N VAV' . ».St Memo ft*_unit~vy*¢Mt» = z ~ 0.1, pit<i.trti &' WilteVi * 2 + #%43*1+1<*61*4'~..~ .:·uj>yti.~iw.3,44 , 5.9 "31* (< .~~~ TO: Mayor Pinkham and Town Trustees CC: Administrator Halburnt From: Bob Joseph, Community Development Director Bob Goehring, Utilities Director Date: August 5, 2010 RE: Habitat for Humanity Fee Waiver Request Background: Habitat for Humanity is requesting consideration of a two part fee waiver for their next home to be constructed this year on Lot 2 of the Kundtz Subdivision located on West Riverside Drive. 1. Waiver of $2,100 in building permit fees 2. Waiver of$11,203 ofwater tap fees The Town Board adopted a policy in 2008 that approves waivers of up to $3,000 for planning and building permits for nonprofit organizatiohs. The policy was established to set a standard for fee waivers, which were random in the past. Therefore, the first waiver is automatically approved. The second waiver is more difficult. The utilities do not waive fees because it is not fair to the rate payers, who provide all of the operating revenue. The utilities are operated solely on user fees. There are no taxes collected to run the water and electric services. When utility fees are "waived" the General Fund pays the bill. Therefore, they are asking the General Fund to pay $11,203 to the Utility Fund for Habitat for Humanity's water tap fee. Habitat for Humanity is a wonderful organization that provides a lot to our community. However, in declining revenue years, it becomes more and more difficult to sustain our government. This also sets precedence for other nonprofits to request utility subsidies. Budget: $11,203 from the General Fund. Recommendation: Staff does not recommend General Fund subsidy of the water tap fee for this project. Recommended Motion: I recommend approval/denial of Habitat for Humanity's request for $11,203 to subsidize the water tap fee for their new home on Lot 2, Kundtz Subdivision from the General Fund. 4,1 ..5,0 1; Habitat RO. Box 2745 Estes Pork CO 80517 .. 4/1 1 6#6644 2 (970) 586-8301 July 19, 2010 To: The Town ofEstes Park Community Development Committee From: Ed Mularz, President Habitat for Humanity of Estes Valley Dear Trustees: WHEREAS, the Town ofEstes Park recognizes the importance of Workforce Housing in this town, and WHEREAS, there is recognized a current serious deficiency of Workforce Housing and WHEREAS, Habitat for Humanity ofEstes Valley has completed to date twelve Workforce Housing private homes for our Town, and WHEREAS, the costs for these homes has been rising at an alarming rate, the last home costing $216,000. versus the previous home cost of$160,000., concerning all ofus forthe need to keep these homes "affordable", and WHEREAS, Habitat for Humanity ofEstes Valley is about to commence construction ofthe thirteenth Workforce Housing Home, and WHEREAS, the Town ofEstes Park has consistently helped with lowering building costs by waiving the Building Permit ofall previous homes built, and until the last home has also waived the Water Tap Fee for each ofthe other eleven homes, therefore BE IT RESOLVED, it is humbly and urgently requested that the Town ofEstes Park immediately and with quick action once again waive the Building Permit Fee and in addition waive or otherwise do whatever necessary to eliminate the payment ofthe Water Tap Fee by Habitat for Humanity ofEstes Valley, THEREFORE, reducing the eventual cost ofthis next Workforce Housing Home by an estimated $14,000. THIS ACTION BY THE TRUSTEES will reduce the monthly payment ofthe mortgage by an estimated $40. each month over the thirty year span ofa mortgage, which we believe is a significant hetp to the Workforce Family 949