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Home My WebLink AboutPACKET Town Board 2000-10-1010â€¢ 4, Prepared 10/04/00 0= Revised 10/09/00 (Item #6) 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 our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 10,2000 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 26,2000. 2. Bills. 3. Committee Minutes: A. Community Development, September 28,2000: - 1. Celebrate Estes Event, Dec. 9 & 10, 2000 2. Powder River Rodeo, LLC Production Contract. B. Public Safety, October 5,2000: Police Department 1. Closure of Elkhorn Ave. from Spruce Dr. to E. Riverside Dr. from 5:00 p.m. until approximately 8:00 p.m. on Tuesday, October 31,2000. 2. Resolution #20-00 - Municipal Court fines to be donated to Bright Christmas (community service) for Christmas Season. Fire Department 1. Fire Prevention Week 4. Estes Park Housing Authority, August 9 & 30, 2000 (acknowledgment only). 5. Estes Valley Board of Adjustment, October 3, 2000 (acknowledgement only). 6. Estes Valley Planning Commission, September 19, 2000 (acknowledgement only). l A. PLANNING COMMISSION CONSENT AGENDA (Approval of): Mayor Baudek open the Public Hearing(s). If the Town Board, Applicant(s), Staff or the Public wish to speak on a particular item, a formal Public Hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor- Close Public Hearing 1 Continued on reverse side E. Town Attorney White read Ordinance (if required) F. Motion to Approve/Deny. 1. REZONING REQUEST. Sleepy Hollow Subdivision, Gary Connely/Applicant; rezone from RE to E. 2. REZONING REQUEST. Lot 2, Tanton Subdivision, David Tanton/Applicant; from E-1 to R. 3. SPECIAL REVIEW #00-03. Magical Moments Horse-Drawn Carriages, Denise Pinkard/Applicant; provide horse-drawn carriage rides in the Downtown area. 4. SUBDIVISION. Amended Plat of Lot 2, and a Portion of Lot 3, Rock Ridge Estates, Scott Pope/Applicant; combine two parcels into a single lot of record. 5. SUBDIVISION. Amended Plat of the Amended Plat of Lot 20, Amended Plat of Peak View Subdivision, and Lot 16, S. St. Vrain Addition, Harold B. Miller Estate/Applicant; subdivide one lot into two lots - Continue to November 14, 2000. 2. ACTION ITEMS: 1. THE UPLANDS AT FISH CREEK, P.U.D. MEMORANDUM OF UNDERSTANDING - REQUEST DEADLINE EXTENSION FROM OCTOBER 1, 2000 TO MARCH 31,2001. Town Administrator Widmer. 2. WARRANTY DEED FOR LOT 17, BONNIE BRAE ADDITION - ACCEPTANCE. Town Administrator Widmer. 3. AMENDMENT TO WILDFIRE RIDGE DEVELOPMENT AGREEMENT. Town Attorney White. 4. 2001-2002 BUDGET - PRESENTATION OF PRELIMINARY BUDGET, lsT READING. Finance Officer Vavra. 5. RESOLUTION #21-00 - OPPOSING AMENDMENT 21 TO THE COLORADO CONSTITUTION - Town Administrator Widmer. 12'6. 2000-2001 CHRISTMAS DECORATION INSTALLATION CONTRACT - AWARD. Light & Power Director Matzke. 3. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, September 26,2000 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 26th day of September, 2000. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan Doylen, Mayor ProTem Trustees: Jeff Barker David Habecker Lori Jeffrey Wayne Newsom Also Present: Rich Widmer, Town Administrator Rebecca van Deutekom, Deputy Town Clerk Gregory A. White, Town Attorney Absent: Stephen Gillette, Trustee Mayor Baudek called the meeting to order at 7:00 pm PUBLIC COMMENT None. TOWN BOARD COMMENTS Mayor Baudek recognized Community Development Director Stamey who received the American Planners Association Outstanding Planning Individual Award at a recent meeting of the Annual Conference of the Colorado Chapter of American Planning Association. The Town of Estes Park also received a Chapter Award for the Estes Valley Development Code and Intergovernmental Agreement (IGA) that were implemented this year. The Board congratulated Director Stamey and expressed their appreciation for the tremendous staff effort required to develop the new Code and IGA. On behalf of all members of the Planning Commissions, Al Sager expressed sincere congratulations to Director Stamey. Mayor Baudek commented on the Twin Owls Trailhead parking issue discussed at the September 12th Town Board meeting. Recognizing the importance of an acceptable compromise, Mayor Baudek encouraged Rocky Mountain National Park (RMNP) to arrange another public forum to allow additional citizen input and address issues raised during the September 12th meeting. The Board would be willing to send a representative, but not host the forum. The Board will provide a letter to RMNP with their suggestions prior to the September 30th deadline. Citizens are encouraged to provide written comments to RMNP and attend scheduled public forums. 1. CONSENT CALENDAR: 1. Town Board Minutes dated September 12, 2000. 2. Bills. 3. Committee Minutes: A. Public Works, September 21, 2000 - Approval of: 1. Water Department Radio Purchase - $6,824.29. 2. Fall River, BT Construction, $110,003. James Street/Big Horn/MacGregor, Kitchen & Company, $112,850. Boyd Lane/Wonderview, Kitchen & Company, $241,515 Annual Fire Hydrant Project, BT Construction or Kitchen & Company, $20,000. Board of Trustees - September 26,2000 - Page 2 It was moved and seconded (Doylen/Newsom) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. PUBLIC HEARING: FINAL PLAT OF MARY'S LAKE SUBDIVISION, JOAN VAN HORN, JAMES TAWNEY, FRANK THEIS/APPLICANTS. Mayor Baudek opened the Public Hearing and Sr. Planner Joseph presented the staff report: The proposed Mary's Lake Subdivision is located northwest of the intersection of Mary's Lake Road and Colorado Hwy. 7. The proposal is for a five (5) lot, 40.1-acre mixed-use subdivision with a 2.8 acre outlot to protect wetlands. Currently, the only proposed use is the existing Mary's Lake Lodge. The remainder of the subdivision is to remain vacant. Future land uses will be submitted for development review separately and are anticipated to include accommodations, residential, and church. The property is currently zoned a combination of "A" Accommodation and "A-1" Accommodation. SST Bear Lake, LLC has an approved development plan for expansion of the Mary's Lake Lodge. The proposed Kiowa Drive will form a loop road through the subdivision, with improvements triggered by development patterns, as set forth in the Annexation Agreement. The existing zoning will be adjusted to follow the new property lines as set forth with the preliminary plat approval of this subdivision, and as labeled on the final plat (Lots 4 & 5 will be zoned A-1, all other lots will be zoned A). Sr. Planner Joseph added the following conditional note: no development or subdivision application may be submitted prior to petition for inclusion in the Northern Colorado Water Conservancy District and the Municipal Subdistrict. Public Testimony was heard from: Frank Theis, President of Mary's Lake Lodge, LLC and owner of Lot 3 spoke in favor of the Final Plat. Concluding all testimony, Mayor Baudek closed the Public Hearing. It was moved and seconded (Habecker/Doylen) to approve the Final Plat of Mary's Lake Subdivision along with the zoning adjustment and conditions outlined above, and it passed unanimously. 2. ORDINANCE #13-00 - VACATING A PORTION OF 209 BIG HORN DRIVE. Town Attorney WhiteÂ·explained that in 1991 the Town vacated a portion of right-of- way and legally recognized the encroachment of a residence at 209 Big Horn Drive. Ordinance #13-00 was presented to correct a recently discovered error in the legal description of the 1991 vacated right-of-way description. Town Attorney White explained that this Ordinance vacates a larger portion of right-of-way than was originally vacated (169 sq. ft. as opposed to 77 sq. ft.). Town Attorney White also presented an Amendment to the Agreement that replaces the legal description of the vacated street right-of-way. It was moved and seconded (Newsom/Barker) Ordinance #13-00 be approved as presented, and it passed unanimously. It was moved and seconded (Doylen/Barker) the Amendment to the Agreement be approved as presented, and it passed unanimously. Town Administrator Widmer invited all citizens to attend a Community Reinvestment ballot issue campaign gathering at the Dannels Fire Station at 7:00 p.m. on October 2nd. The purpose of the meeting is to explain the ballot issues and address citizen questions. Refreshments will be served. The Board encouraged citizen participation. There being no further business, Mayor Baudek adjourned the meeting at 7:25 p.m. John Baudek, Mayor Rebecca van Deutekom, Deputy Town Clerk BRADFORD PUBLISHING co. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 28,2000 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 28th day of September, 2000. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: Trustees Barker and Habecker Absent: Chairman Doylen, Manager Marsh Also Attending: Town Administrator Widmer, Directors Hinze, Kilsdonk, Pickering, Stamey, and Deputy Town Clerk van Deutekom Trustee Barker called the meeting to order at 8:00 a.m. 1. COMMUNITY DEVELOPMENT A. Monthly Report. None. 2. MARKETING A. Advertising Report. Director Pickering updated the Committee on an Internet advertising test, the fourth quarter television commercial schedule, and Front Range newspaper Christmas shopping ads. Director Pickering noted that the advertising programs are supported by Town Advertising Program funds and EPIC funds. B. Conference Center Report. Director Pickering noted that the Conference Center is currently hosting the Snow & Ice Conference. This is the busiest part of the season with conferences scheduled each week until Thanksgiving. Director Pickering expressed appreciation to the staff at the Holiday Inn for the outstanding meals and service provided to the conference attendees. 3. SENIOR CENTER A. Monthly report. Jody Thompson, Senior Center Director, reported on meals, activities, fund raising and the transit programs. Director Thompson will present a Center Usage Report at the end of the year. 4. MUSEUM A. Monthly Report. Director Kilsdonk briefed the Committee on upcoming events and attendance statistics. BRADFORDPIBLISHING.0. RECORD OF PROCEEDINGS Community Development Committee - September 28,2000 - Page 2 B. Postcard Exhibit Report. Curator Record presented a report on the "Wish You Were Here" Postcard Exhibit. This exhibit opened in February and will end January, 2001. C. Collections Rehousing Report. Curator Record updated the Committee on the Collections Rehousing project and explained how grant funds were used to improve museum storage. Additional grant funds totaling $4,294 have been approved from the National Endowment for the Humanities to complete the Collections Rehousing project. Director Kilsdonk reported that the National Endowment for the Humanities requested use of the application (prepared by Curator Record) to be used as an example for other institutions requesting funds. Director Kilsdonk noted that this is a great compliment to Curator Record's work on the grant application. 5. SPECIAL EVENTS A. Celebrate Estes Committee Request. Director Hinze introduced Dan Via and Sharleen Westfield from Business Advocates who updated the Committee on Celebrate Estes events scheduled December 9 & 10, 2000. Director Hinze summarized the following requests: 1. All Elkhorn Avenue loading zones to be coned similar as for Parades. 2. Permits for use of Bond Park and Tregent Park have been filed. Riverside Plaza; Transit Center to be included. 3. Request use of the Bond Park fire pit (similar to Sing-A- Long use during summer months). Chief Dorman to verify approval. 4. Request permission for Don Gardner to conduct carriage rides. The pick-up/drop-off area will be on the south side of Elkhorn Avenue near Bond Park. Director Hinze will verify carriage route map. The Committee recommends approval of the requests as presented above pending Chief Dorman's approval of fire pit use and Director Hinze's approval of the carriage route map. B. 2000-2001 Rooftop Rodeo Committee/Officer Appointments. Jo Adams, President Dave McPhee Jacquie Buckert Judy McPhee Trudy Carra de Salero Sean Murray Gary Cleveland, Vice-President Art Mutschler Don Cunningham Ruth Mutschler Amy Davies Kenna Pittman BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - September 28,2000 - Page 3 Rick Dill Bob Seifert Roy Erickson Mary Jo Seifert Shawn Frazier Donnell Thompson Debbie Holgorsen, Secretary Janelle Urista Chief Jenista Joan Van Horn Joyce Kitchen Ralph Walls Johi Kokjohn Steve Wilson Ed Lewis Ken Hobert, Honorary Marianna Lewis Chuck Thomas, Honorary The Committee recommends approval of the 2000/2001 Rooftop Rodeo Committee as presented. C. 2001-2003 Rodeo Production Contract. Director Hinze presented the Powder River Rodeo, LLC contract and explained the changes. Although the contract provides for a 3-year term, the contract will be renewed/funded every year. The Committee recommends approval of the contract as presented. Jo Adams, President of the Rooftop Rodeo Committee updated the Committee on arena improvements for the upcoming year and progress on the 75th Anniversary celebration. The Elk Fest is scheduled October 14-15 and brochures and signs have been distributed. There being no further business, Trustee Barker adjourned the meeting at 9:25 a.m. 38*kki#hu Rebecca van Deutekom, Deputy Town Clerk BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 5,2000 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 5th day of October, 2000. Committee: Chairman Gillette, Trustees Jeffrey and Newsom Attending: All Also Attending: Assistant Town Administrator Repola, Deputy Police Chief Filsinger, Fire Chief Dorman, Clerk O'Connor Absent None Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT. 1. "Buckle Up" Display Sign Request. Officer Rose outlined a proposal made by Chance Carr'~er and other High School students as a result of a tragic vehicle accident resulting in the death of student, Joshua Cainer. The request is for a purple sign reminding everyone to buckle their seatbelts, and it would include message such as "/n loving memory of Joshua Cainer." The sign would be placed in the right-of-way on Manford Ave. near the High School Parking Lot. Additional comments were heard from Joshua Cainers father who reported that this proposal was originally presented to CDOT and was denied. The Committee expressed their appreciation to all students, parents, and Town staff involved on this proposal, and in an effort to save lives, recommends approval of the Sign Request, with funding to be provided from the Police Department budget. 2. Halloween Street Closure. In observance of Halloween again this year, the Dept. is promoting the Downtown Halloween Program and youth safety by requesting the closure of Elkhorn Ave. from Spruce Dr. to E. Riverside Dr. from 5:00 p.m. until approximately 8:00 p.m. on Tuesday, October 31, 2000. Fire Dept. to assist. The Committee recommends approval of the street closure as presented. Appreciation was noted for the Police and Fire Departments, and all participating merchants for making this event a safe and fun Halloween celebration. 3. Proposed Resolution concerning Municipal Court Traffic Fines and the Bright Christmas Program. In 1998, the Town approved a Resolution authorizing the Municipal Court to participate in a community service program to benefit needy children in the Estes Valley. The Committee reviewed an amended Resolution that would authorize traffic fines collected during the period of October 6th through December 7,2000 to be donated to the Bright Christmas Program, with an amount not to exceed $2,500. Municipal Judge Brown has submitted his approval of the Program for 2000. The Committee recommends approval of the Resolution as submitted. FIRE DEPARTMENT. 1. Ladder Six Inspection. This annual inspection was conducted, and the equipment met and passed standards. Chief Dorman and Fleet Mgr. Mahany were commended for ensuring the Fire equipment is maintained at 100% capacity. BRADFORIPUBLISHING.0. RECORD OF PROCEEDINGS Public Safety Committee - October 5,2000 - Page 2 2. Automated External Defibrillator (AED) Equipment Purchase - Report. In memory of Ron Weakland's passing (2nd Ass't. Fire Chief), all of the contributions ($4,200) received were expended in the emergency medical area. Ron was an EMT, thus the Dept. purchased an AED device that has the potential to help save numerous lives in the future. The device was displayed. 3. Fire Prevention Week. Fire Prevention Week begins October gth, and the Dept. intends to present classes to local Schools; brochures are provided with funds from donations; and the on-going Smoke Detector Program is included. The Dept. will install smoke detectors at no charge, and members are researching new ideas to place detectors in all homes. Chief Dorman responded to a question regarding the hearing impaired, confirming that special smoke detectors are available with sound or a vibrator that is attached to a bed. REPORTS. Municipal Parking Lots/Vehicles advertising "For Sale" Signs - Update: As requested by the Committee in September, Officers found 16 vehicles (3 repeats) with "For Sale" signs. Of these, 4 vehicles were on public roadways or parking lots. Of those on public property, 2 vehicles were on Cleave St., 1 was at the High School lot, and 1 at the Municipal Lot. Additionally, the night shift verified that three of the vehicles were removed during evening hours. Thus, staff believes an Ordinance is unnecessary at this time. The Dept. could monitor municipal parking lots to ensure the appearance of a "used car lot" does not occur. Committee consensus was reached that the Dept. monitor the parking lots as described above, with no further action taken at this time. The Committee reviewed the parking ticket statistics from July 1St to September 15'h. Violations of 3-hr. parking are down 30% and parking in handicapped spaces is down by one-third from 1999. Responding to a request for an update on the Moraine Ave. crosswalk, Assistant Town Administrator Repola advised that CDOT has confirmed plans are proceeding. In the meantime, Police Dept. seasonals are paying special attention to this crosswalk. Trustee Jeffrey expressed the need to move quickly. Pursuant to a citizen's public safety concern, Trustee Newsom requested staff install delineator posts at the foot of the Moccasin Bypass near the existing retaining wall (at the former Pizza Hut). Chairman Gillette noted the importance of Trustees being responsive to their constituents, and directed Assistant Town Administrator Repola to report his findings on both items above directly to Trustees Jeffrey and Newsom. There being no further business, Chairman Gillette adjourned the meeting at 8:06 a.m. It .Lthu V L-4,0 Vickie O'Connor, CMC, Town Clerk RESOLUTION NO. 20-00 A RESOLUTION APPROVING MUNICIPAL COURT PARTICIPATION IN THE BRIGHT CHRISTMAS COMMUNITY SERVICE PROGRAM WHEREAS, the Board of Trustees desires the Municipal Court to participate in the Bright Christmas Community Service Program to benefit needy children within the Estes Valley; and WHEREAS, within the discretion of the Municipal Judge, traffic offenders who pay for citations during a one-month period of October 6th through December 7, 2000 would be permitted to donate the equivalent sum of any traffic fines imposed by the Municipal Court in cash or in kind to the Bright Christmas Program located within the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Approval. The participation of the Municipal Court in the Bright Christmas Program to benefit needy children in the Estes Valley is hereby approved, subject to the following guidelines: 1. The Municipal Judge, in his sole discretion, shall request that traffic offenders, upon entry of a plea of guilty to a traffic offense and the imposition of related fines by the Court, be permitted to donate the equivalent sum of such fines, in cash or in kind, to the Bright Christmas Program in lieu of payment of such fines directly to the Town. 2. Notwithstanding any such donation in lieu of traffic fines, any traffic defendant shall remain responsible for the payment of the court costs, as imposed. 3. Cash donations in lieu of traffic fines shall be made payable to the Bright Christmas Program. 4. In kind donations in lieu of traffic fines shall be in a purchase amount not less than the Court imposed traffic fines, and shall be delivered directly to the Bright Christmas Program. The Town shall not be liable for credit or repayment of any purchase amount in excess of Court imposed traffic fines. The defendant shall be responsible for delivery of proof of receipt of in kind donations to the Municipal Court Clerk. 1 5. Charitable donations shall benefit the Bright Christmas Program and needy children who reside within the Estes Valley. 6. Town participation in the Bright Christmas Program shall not exceed the donation of more than $2,500 of traffic fines, in cash or in kind. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK ON THE DAY OF ,2000. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 2 MINUTES HOUSING COMMITTEE AUGUST 30, 2000, 11:00 a.m. ADMINISTRATIVE CONFERENCE ROOM ATTENDING: Doylen, Widmer, Stamey ABSENT: Gillette PURPOSE: 2001 - 2002 Budget Discussion Committee members conducted a telephone conference with Sam Betters, Loveland Housing Authority, to discuss potential budget requests for the Estes Park Housing Authority (EPHA). The Committee will propose the following budget requests: 1. Payment of up to 25 water tap fees, for affordable housing, per year, for 2001 and 2002. 2. Provide for a sales tax abatement on building materials, purchased for affordable housing construction. 3. Payment (or elimination) of building permit fees for affordable housing building permits. 4. Propose a 50 % payment of sewer tap fees related to affordable housing, provided the sanitation district also provides a 50% contribution. 5. Provide for "seed money" that could be used for activities such as: appraisals, market studies, site analysis and pre-engineering, architectural concepts. 6. Provide funds to be used for land acqilisition (options). It is estimated that the request could approach $300,000. Town Administrator Widmer will develop numbers for the budget request. The meeting adjourned at 11:45 a. m. MEMORANDUM TO: Housing Committee Trustee Doylen Trustee Gillette Administrator Widmer FROM: Stephen L. Stamey, AICP Community Development Director SUBJECT: Addendum to Housing Committee Minutes DATE: August 31, 2000 I have reviewed the minutes of the August 30,2000 meeting with Town Attorney White. He has recommended a revision to the sales tax consideration presented in item #2 of the minutes. Legally, the Town could provide a rebate of sales tax, and not an abatement. In view of this, #2 should read: 2. Provide for a refund of local sales tax (4%),for building materials purchased within the Town of Estes Park, for the construction of affordable housing. Estes Park Housing Authority (EPHA) Board Meeting Date: August 9,2000 Members Present: Eric Blackhurst, Sue Doylen, Lee Kundtz, Louise Olson, & Karla Porter Members Absent: None Staff Present: Sam Betters, Carolyn Coffelt & Jean Michaelson Others Present: Steve Stamey The August 9th meeting of the Estes Park Housing Authority was called to order by Sue Doylen at 8:31 a.m. in the Municipal Building Board Room of the Town of Estes Park. ESTES PARK STAFF POSITION Jean Michaelson was introduced as the new Housing Development Manager for Estes Park. Out of 21 applicants, 8 were interviewed, and 2 were selected and had second interviews before Jean was selected. Jean is currently working as a construction and commercial loan officer for a bank in Fort Collins. She has a diverse background in real estate in appraising and lending. The Housing Authority is excited of the skills Jean will bring to the organization, along with the opportunity for her to learn more on the development side. APPROVAL OF MINUTES Sue Doylen asked if anyone had any changes to the July minutes. There being no changes noted, Lee Kundtz moved to approve, and Eric Blackhurst seconded. Minutes approved. UPDATE ON CHANGES TO THE BYLAWS Sam Betters mid Greg White, Attorney for the Town of Estes Park, spoke for some length as to whether to incorporate the Housing Authority as a separate corporation. Mr. White felt there was no real value in doing this. The CRSA (Colorado Risk Sharing Agenda) umbrella insures the organization. CRSA will provide the liability coverage because of the Estes Park Housing Authorities relationship with the Town of Estes Park. The limits of liability are fairly extensive. In reference to the appointment of Board members, term, and compensation, Mr. White will address these issues by the next board meeting. Mr. White also felt that the conflict of interest provision in the Bylaws is strong enough as the size of Estes willlimit how much work we can get done. COMMITTEE REPORTS REGULATORY No report. LAND Steve Stamey, Eric Blackhurst, and Sam Betters looked at potential sites. 'There are some potential sites to be discussed in Executive Session. PROGRAM & FINANCIAL No report. EDUCATION & SUPPORT Clarification was needed on the "Talking Points" presentation. Questions posed at various presentations: â€¢ Why can't more Section 8 certificates be distributed in EPHA August Board Minutes - Page 1 of 1 Estes Park? Sam Betters explained that the government determines what counties get the certificates based on need. Housing Authority for the City of Loveland (HACOL) has submitted for more certs, but we are not expected to hear from HUD until October. â€¢ On the talking points presentation, show a slide that shows a worker making $6/hr. and how much could be allowed for rent. Lee Kundtz distributed a list of groups to do presentations at. Board members signed up for various presentations (see attachment). DEVELOPMENT & Karla Porter met with the sellers of an apartment complex RETENTION along with other interested parties. Further discussion on this subject was reserved for Executive Session. DISCUSSION ON DEVELOPING ACTION PLANS Sam Betters indicated that time would be needed to discuss action plans for such things as organizational issues i. e. bylaws, and infrastructure for Jean Michaelson, etc. Marketing efforts are off to an excellent start with the presentations. It will be very important that we sell the organization to the public so that they know who we are and what are mission is. There are other issues that need to be discussed specifically related to the Board. The Board agreed that the September meeting would be used to address such issues rather than a retreat. Sam Betters will prepare some suggested steps to be discussed at the September meeting. Board members were encouraged to contact Sam if they had anything they would like to add for discussion. REPORTS & OTHER MISCELLANEOUS ITEMS Town of Estes Park Budget Steve Stamey reminded everyone that budget items must be turned in by September 1 for the Town of Estes Park. They have a two year budget cycle. If we anticipate that additional monies will be needed from the Town Council beyond what the Intergovernmental Agreement calls for, we should put our request in now. Jean Michaelson should also be involved as well. Related to this, Sam Betters introduced the first invoice for services rendered by Housing Authority of the City of Loveland (HACOL) for May, June, and July. Sam proposed that the invoice be submitted to the Town of Estes Park for services per the Intergovernmental Agreement, and that the check be made payable to the Estes Park Housing Authority (EPHA). Then have EPHA cut a check to HACOL. Mr. Betters felt that expenses could be tracked better through this mechanism. Steve Stamey suggested that perhaps a visit to the Finance Director would be appropriate. Sam Betters recommended that a checking account be opened at Bank of Colorado for EPHA. A relationship already exists with this bank with the Lone Tree Project. It should be noted that Karla Porter abstained from discussions in reference to which bank because of conflict of interest. Sam Betters ask for a motion to open a checking account with the Bank o f Colorado, and that a formal resolution be completed. Eric Blackhurst motioned to open a bank account with Bank of EPHA August Board Minutes - Page 2 of 2 Colorado to establish a financial relationship pending financial review by the Finance Director, and Louise Olson seconded it. The decision was unanimous. A resolution should be written up as follows: RESOLUTION #1 will be typed up approving Samuel G. Betters, Executive Director, for HACOL to open a checking account with the Bank of Colorado. Checks written out of this account will require two signatures from either of the following Board members or staff 1) Susan L. Doylen, Chairperson, EPHA; 2) Karla Porter, Vice Chairperson, EPHA; 3) Samuel G. Betters, Secretary, EPHA, or Jean B. Michaelson, Housing Development Manager, HACOL. ADJOURN Sue Doylen entertained the motion to adjourn the Board meeting at 9:32 a.m. to go into Executive Session. Eric Blackhurst made the motion, and Louise Olson seconded. Adjourned. Respectfully submitted, Carolyn J. Coffelt Assistant to the HACOL Director EPHA August Board Minutes - Page 3 of 3 BRADFORDPLIeLISHINGCO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment October 3,2000,8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Ball, Lamy, Newsom and Sager Also Attending: Senior Planner Joseph, Planner Shirk, Chief Building Official Birchfield and Recording Secretary Wheatley Absent: None Chair Barker called the meeting to order at 8:02 a.m. 1. MINUTES The minutes of the September 5,2000, meeting were accepted as presented. 2. LOT 38, UPLANDS AT FISH CREEK PUD, APPLICANT: RICHARD & KATHRYN VOLKSTORF - ITEM CONTINUED TO THE NOVEMBER 7,2000 ESTES VALLEY BOARD OF ADJUSTMENT MEETING AT APPLICANT'S REQUEST. 3. A PORTION OF THE KILE PROPERTY WHICH IS A PORTION OF LOT 3, SECTION 2, T#N, R73W OF THE 6TH P.M., APPLICANT: MARILYN PICKENS - SETBACK VARIANCE REQUEST FROM SECTION 4.3. TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the Staff Report. The applicant proposes to reconstruct and expand the deck, which was originally built without a building permit. Applicant assumed the history of the deck and the prior County Board of Adjustment variance was reviewed. The deck was included with the building permit for the hot tub room in 1985. It was also noted that existing access easements along the east property line provide some assurance of adequate building separation. Since no actual increase in deck size is requested and the neighborhood character is not changed, Staff recommends approval. Brad March was present to represent the applicants. A survey that was done at the time of the original construction of the deck in 1984 showed that they were within 15 feet. A more recent survey indicated it was within 10 ft of the side line property. Mr. March described some of the structural problems that were being created by the deteriorating deck. Public Comment: Leon Kemper, adjacent property owner since 1976, spoke in opposition to the request and stated several violations he felt had occurred. Mr. March responded to some of Mr. Kempefs statements. The sewer line that was dug up in the access easement was to determine whether the house was on the sewer line. Mr. March could not explain the one foot difference in the size of the new deck. Ray Duggan, contractor, said he initially was hired to repair the existing deck. Later the connecting new deck, which does not extend any further into the BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 3,2000 Page 2 setback, was added. He felt he was restoring the existing deck without any extension. The former top rail was angled out and Mr. Duggan was replacing the angled rail with a vertical ailing in the same approximate location. Mr. March presented letters from the other neighbors who approved of the variance request. Based on the fact that the historical construction was done without a building permit and the current construction was begun without a building permit, it was moved and seconded (Newsom/Lamy) to deny the variance request and it passed unanimously. It was noted that the applicant has the opportunity to purchase a strip of the access easement to correct the variance. Mr. March requested clarification and was referred to staff, 4. OUTLOT 1, BLOCK 11, COUNTRY CLUB MANOR SUBDIVISION, APPLICANT: CHARTER COMMUNICATIONS - SETBACK VARIANCE REQUEST FROM SECTION 4.4, TABLE 4-5 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant is asking for a minor variance for a generator location. They are located in a light industrial area (C-O zoning) and the essential character of the neighborhood would not be changed by the request. Staff suggested changing the direction of the generator to parallel the property line to minimize the variance. Chief Building Official Birchfield answered questions from the Board. Since the generator is not a building structure, it is not affected by the UBC. The applicant will need a building permit, however, for the gas pipeline. The Board asked for information regarding the air conditioning openings on the wall that is within 10 feet of the eastern property line. CBO Birchfield said that it appeared the air conditioners were added at a recent date without a building permit. Procedure would be that the Building Department would send a Notice of Request to determine if a violation had occurred. Sr. Planner Joseph commented on a discussion he had had with Terry Smith, a neighbor, regarding her concern about the noise of the generator. Glen Smith of Charter Communications explained the design of the generator which has access doors on each side requiring the perpendicular position of the generator to the building. They anticipate installing a privacy fence (cedar, not chain link) to help with the noise and the view. The generator would run when there was an electrical outage. Maintenance would also occur every two weeks with about 10 minutes run time. Karen Bishop, operations manager, answered questions from the Board. If there is a down time, it takes approximately 48 hours to bring service back up; thus, the need of the backup generator. Has only occurred once or twice in the last couple of years. Other sites have been considered for their company but none have been acceptable. There was no public comment. eRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 3,2000 Page 3 it was moved and seconded (Newsom/Sager) to approve the variance request with the following conditions, and it passed unanimously. 1. The generator may be set perpendicular to the building. 2. Compliance with the submitted site plan. Board Member Newsom commented that the furniture store located at Beaver Point which received a variance was required to keep the furniture on the deck. This is not the case at present. CBO Birchfield advised that he is working with the new owner in correcting this. There being no further business, Chair Barker adjourned the meeting at 9:28 a.m. Jeff Barker, Chair Meribeth Wheatley, Recording Secretary n RADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission September 19, 2000,1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Edward Pohl, Commissioners Wendell Amos, DeeDee Hampton, Joyce Kitchen, Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio Attending: Chair Pohl, Commissioners Amos, Hampton, Kitchen, McKinney, Pettyjohn and Taddonio Also Attending: Town Liaison Habecker, Town Attorney White, Director Stamey, Director Linnane, Senior Planner Joseph, Planner Shirk, and Recording Secretary Wheatley Absent: None Chair Pohl called the meeting to order at 1:30 p.m. PUBLIC COMMENT None. 1. CONSENT AGENDA 1. Estes Valley Planning Commission Minutes dated August 15, 2000. It was moved and seconded (McKinney/Petlyjohn) that the minutes of the August 15, 2000 meeting be accepted as presented and it passed unanimously. 2. REZONING REQUESTS 1. Lots 1 through 10, Sleepy Hollow Subdivision, Applicant: Gary Connely. Commissioner Kitchen abstained due to a conflict of interest. Neither the applicant nor his'rep~resentative was present. Senior Planner Joseph reviewed the staff report. The requested zoning from RE to E Estate would create a better fit for setbacks on these lots as currently platted. The developer's statement of intent states, "there is no intent to further subdivide the existing lots." The single- family residential use restriction would remain. Public Comment: Bob ?, 1870 Fall River Road - asked for further clarification as to the differences between RE and E-Estate. Was opposed to the rezoning. Terry Thompson, 1854 Fall River Road - asked for confirmation that the note stating there would be no further division was legally binding and that there was no change in tax classification with this zoning change, which was confirmed. It was moved and seconded (Amos/Taddonio) to recommend approval to the Town Board of Trustees for the Rezoning of Lots 1 through 10 of Sleepy Hollow Subdivision with the following conditions and the motion passed unanimously with one abstention. 1. Open space outlots shall remain zoned RE. 2. The building envelope lines shown on Lots 1,2, and 5 of the plat shall remain in effect to prevent building on the steepest portions of those lots. ....FOR. PUILISHING.0. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19, 2000 Page 2 3. No further division of any of the lots within this subdivision. 4. No accessory dwelling units shall be permitted. 2. Lots 1 through 4 of the Replat of Lot 2, Tanton Subdivision, Applicant: David Tanton. Neither the applicant nor a representative was present. Senior Planner Joseph reviewed the staff report. The requested zoning from E-1 to R residential zoning would create a better fit for setbacks on these lots as currently platted. It was determined that E estate would be less of a change and still provide the necessary change in setbacks. The single-family residential use restriction would remain. None of the lots are large enough to divide under the requested zoning. Public Comment: Dennis Humphrey, 340 Riverside Drive - asked for clarification that there were 3 addresses and 4 lots. One of the lots is currently vacant. It was moved and seconded (McKinney/Amos) to recommend approval to the Town Board of Trustees for the Rezoning of Lots 1 through 4 of the Replat of Lot 2 of the Tanton Subdivision from E-1 Estate to E Estate with the following condition and the motion passed unanimously. 1. No further division of any of the lots within this subdivision. 3. SPECIAL REVIEW 1. Special Review 00-03,Magical Moments Horse-Drawn Carriages, Applicant: Denise Pinkard. Neither the applicant nor a representative was present. Planner Shirk reviewed the staff report. This is a proposal for horse-drawn carriage rides within the Town of Estes Park. Services are to include wedding transportation, engagement, anniversary, and other special event celebrations, and include dinnedbrunch rides. The applicants intend to use the Stanley.Hotel as a base of operations with two local churches (St. Bartholomew's and Our Lady of the Mountains Catholic Church) as points of pick-up and drop-off of patrons. Public Comment: None. It was moved and seconded (Amos/Kitchen) to recommend approval to the Town Board of Trustees of Special Review 00-03, Magic Moments Horse- Drawn Carriages with the following conditions and the motion passed unanimously. 1. The Applicant shall provide a copy of a Certificate of Insurance for$1,000,000 to the Town with the Town to be named as an additional insured. 2. The Applicant shall obtain written permission from property owners for specified stops on private property, including the Stanley Hotel, St. Bartholomew Church, and Our Lady of the Mountains Catholic Church. 3. The Applicant shall submit a revised site plan incorporatingthe following notes: a. Any future additions or revisions to the routes or stops to be approved by Town Staff. b. No signage shall be allowed on public properly. c. If traftic conflicts or other use conflicts occur on the streets or at the public stop locations, Town Staff is authorized to restrict operations until the problem is corrected. This is intended to account for accidents, parade routes, periods of heavy traffic, or other instances of traffic hazards or congestion. d. All horses shall be diapered during times of service. e. Horses shall wear a rubber overlay shoe. BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19, 2000 Page 3 f. Public Drop-off shall be limited to Transit Centerand Tregent Pak 4. SUBDIVISIONS 1. Amended Plat of the Amended Plat of Lot 20, Amended Plat of Peak View Subdivision and Lot 16, S. St. Vrain Addition, Applicant: Harold B. Miller Estate c/o Miriam Masid. Paul Kochevar of Estes Park Surveyors was present to represent the applicant and reviewed the proposal. This proposal is to divide one 2.8-acre lot into two lots, 1.8 acre and 1.0 acre. The existing drive to the house will be placed on the lot with the house. The remainder of the loop drive will be abandoned as it serves as secondary access only to the back door. The new vacant lot will be 1 acre in size. The new lot will obtain access from either Twin Drive or Longs Drive on the north side. Mr. Kochevar confirmed that the utility easement would be 20 feet wide. The Commission expressed concern that the new driveway to the existing house would be too close to the highway. Public Comment: None. It was moved and seconded (Amos/Pettyjohn) to recommend approval to the Town Board of Trustees the Amended Plat of the Amended Plat of Lot 20, Amended Plat of Peak View Subdivision and Lot 16, S. St. Vrain Addition with the following conditions and the motion passed unanimously. 1. A note shall be placed on the plat indicating the abandonment of the existing loop drive on Lot 1. 2. No access to Highway 7 will be allowed. 3. Existing utility service lines to be relocated shall be relocated prior to Town Board approval or an improvement guarantee shall be provided for this purpose. 4. The location for the relocated driveway for Lot 2 shall be approved by the Public Work Directorto assure appropriate setbacks from the highway right-of- way. 2. Boundary Line Adjustment, Sutton Lane Subdivision, Applicants: Steven & Marlene Shorland, Kevin Christopher, Joseph and Mary Ball. Paul Kochevar of Estes Park Surveyors represented the applicant and reviewed the application. The proposal is for a boundary adjustment between three existing residential lots. In the process of making this boundary adjustment two outlots will be created which are not buildable lots. Two of the proposed new lots will have designated building envelopes. Wetlands are present and will remain undisturbed on all three lots. The access to this property is via Sutton Lane, an old private drive that also serves neighboring properties. The status of rights of access across this private drive is unclear. The applicants agree to maintain the private road as an access easement, but not a public ROW. Since the road also passes through properties not included in this request, a dedication of the road cannot be complete. Senior Planner Joseph reviewed the staff report. The applicant would need to document right of access every place where the road leaves the subdivision. Applicants need to have recorded legal rights of access for all the lots. Staff recommends that clarification of those access easements be made. Staff is recommending continuation in order for applicant to have time to respond to these concerns. Public Work Director Linnane asked that a note be added to the plat that a water main extension to the property from Mary's Lake Road is required for water services and fire protection to all lots. The access easements on the north portion of Lots 1 and 2 should be access and utility easements. The property should be included in the Northern Colorado Water Conservancy District. Staff BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19,2000 Page 4 would recommend adding the note that the wetlands are to be permanently protected from any disturbance. Kevin Christopher, speaking for himself and the Shorlands, gave history to Lots 1 and 2. They would like to keep Sutton Lane as a private easement. Public Comment: None. It was moved and seconded (Amos/Kitchen) to continue the Boundary Line Adjustment of the Sutton Lane Subdivision until the October 17, 2000 meeting, to allow the applicant and staff time to resolve the road access issues and the motion passed unanimously. 3. Boundary Line Adjustment, East 1/2 of Section 26 and Southwest 1/4 of Section 25, Applicant: Catherine Hurley and Robert Corley, Jr. as Trustees of the Ellen Waalsh Hurley Trust. Bill Van Hom was present representing the owners. Planner Shirk reviewed the staff report. This project is a boundary line adjustment of an unplatted portion of Larimer County. The purpose of the project is to rearrange the three parcels into a more equal area distribution. The owners intend to limit the use of the land to a single residential unit on each property through a private grant of conservation easement. New building development is not anticipated in the near future. This boundary line adjustment would also resolve the discrepancies of the titles in the area. The new deeded information represents a proper closure within the plat and with the neighboring properties. While this property meets the eligibility standards for annexation, it is the opinion of Staff that there would be no benefit to the Town to do so at this time. Bill Van Hom commented on staff recommendations. Currently the applicants have no plans to use Town water or Sanitation District. This is a rural situation with this kind of density and not appropriate for annexation. Public Works Director Linnane approved designating the utility easements as private, ratherthan public. Mr. Van Hom point out that this is not a subdivision or a development, just a boundary line adjustment. Recent correspondence f rom Reynolds PolymerTechnology was reviewed by Mr. Van Hom. He stated that the plat has been correctly prepared and he noted that the recording of this plat would extinguish any claim or potential for a claim on the property across the highway. Public Comment: None. It was moved and seconded (Kitchen/Pettyjohn) to recommend approval to the Board of County Commissioners the Boundary Line Adjustment on East 1/2 of Section 26 and Southwest 1/4 of Section 25 with the following conditions and the motion passed unanimously. 1. Within thiny (30) days of the Board's approval of the boundary line adjustment, the developer shall submit the final plat for recording. If the final plat is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void. 2. Prior to recording with the Register of Deeds, the entire property shall be included within the Northern Colorado Water conservancy District and the Municipal Subdistrict. 3. Priorto extension of services, a utility plan shall be submitted to and approved by the Town of Estes Park Public Works Department. 4. An advisory note shall be placed on the plat that states "For Town water service, a water main extension would be required to the lot requesting it in DRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 19, 2000 Page 5 conformance with the current standards in effect at the time of the request." 5. A 10-ft. utility easement is required on all interior property lines. 4. Amended Plat of Lots 21 and 22, Olympus Heights Subdivision, Applicant: Rex Ross Walker. Bill Van Hom of Van Hom.Engineering was present on behalf of the owner. Planner Shirk reviewed the staff report. The applicant is requesting to amend the platted Lots 21 and 22 by shifting the internal lot line approximately 30 feet to the north, thus increasing the size of Lot 22 and reducing the size of Lot 21. The lot line adjustment proposed will maintain adequate side yard setbacks as established for this zoning district. Approval of the lot line adjustment would create a more buildable area within Lot 22. The owner is planning to build employee housing on Lot 22 within two years. Bill Van Hom advised that the applicant is in agreement with staff recommendations. The Commission asked the status of Bellevue Drive and the utility easement. The private road is dedicated to the owners of Bellevue Heights Subdivision for access and is available for utilities. The road is an entity outside of any individual property. Public Comment: Elwood Shirling, 2313 Bellevue Drive, advised he boughtthe road in 1972 in order to bring in Town water and later deeded each section of the road to the adjacent property owner. It was agreed that continuation of this application was in order to research the statements made by Mr. Shirling. It was moved and seconded (Amos/McKinney) to continue Amended Plat of Lots 21 and 22, Olympus Heights Subdivision until the October 17, 2000 meeting, to allow the applicant time to establish ownership rights of the road and the motion passed unanimously. Commissioners Comments: CommissionerTaddonio requested that the phrase "as past practice dictates" located on Page 5 of the Staff Report be deleted, as decisions of the Planning Commission are not based on precedent. Commissioner Kitchen commended applicants of Sutton Lane for trying to clear up the confusing lot configurations and ownership rights of the Sutton Lane Subdivision. Chair Pohl thanked Mr. Shirling for his patience and participation. There being no further business, Chair Pohl adjourned the meeting at 4:15 p.m. Edward B. Pohl, Chair Meribeth Wheatley, Recording Secretary MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Senior Planner Date: 10-4-00 Subject: Sleepy Hollow Rezoning Background: This property is now zoned RE Rural Estate. The RE district has a 2.5 acre minimum lot area, and 50ft. building setbacks on all property lines. The requested re-zoning to E - Estate would reduce the set backs down to 15ft. front, 10ft. side, and 15ft. rear. The requested zoning would create a better "fit" for setbacks on these lots as currently platted. ' The existing zoning would require variances on seven or eight of the lots as now platted. The single family residential use restriction would remain. The developer's statement of intent states that "there is no intent to further subdivide the existing lots". Recommendation: The Planning Commission voted to recommend: Approval of this reouest To Rezone Lots 1 through 10 of Sleepy Hollow Sub.from RE Rural Estate to E - Estate with the following conditions: 1) Outlet A shall remain zoned RE. 2) The building envelope lines shown on Lots 1, 2, and 5 of the plat shall remain in effect to prevent building on the steepest portions of those lots. 3) No further division of any of the lots within this subdivision. 4) No accessory dwelling units shall be permitted. ..3 .. f, 24:i:0 1 0â‚¬ ti... . . 'i A -~487?4.--,': -0 ' 1 . ..LJ/<Fil . a I. 0 1 . 0. MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Senior Planner Date: 10-4-00 TITLE: Replat of Lot 2 Tanton Subdivision Rezoning Request SUBJECT: To Rezone Lots 1 through 4 of the Replat of Lot 2 Tanton Sub from E- 1 Estate to E-Estate Background: This property is now zoned E-1 Estate. The E-1 district has a 1 acre minimum lot area, and 25ft. building setbacks on all property lines. The requested re-zoning to would reduce lhe set backs down to 15ft. front, 10ft. side, and 15ft. rear. The requested zoning would create a better "fit" for setbacks on these lots as currently platted. The existing zoning may result in variances on the lots as now platted. The single-family residential use restriction would remain. None of the lots are large enough to divide under the E-Estate half acre zoning. '4 Recommendation: The Planning Commission voted to recommend: Approval of this request To Rezone Lots 1 through 4 of the Replat of Lot 2 of Tanton Sub.from E -1, Estate to E-Estate with the following condition: 1) No further division of any of the lots within this subdivision. f. 1."11 1., tilill'll"A . I. 1 . Â·7 1,"r- 6 3-0 .... . . :4: / 1.41 ~ . 0. I Community Development Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Senior Planner Date: October 5,2000 Subject: Special Review 00-03,Magical Moments Horse-Drawn Carriages, Applicant: Denise Pinkard Background. This is a proposal for horse-drawn carriage rides within the Town of Estes Park. Services are to include wedding transportation, engagement, anniversary, and other special event celebrations, and include dinner/blunch rides. The applicants intend to use the Stanley Hotel as a base of operations with two local churches (St. Bartholomew's and Our Lady of the Mountains Catholic Church) as points of pick-up and drop-off of patrons. The proposed travel routes match prior approved routes that have proven to be satisfactory. Action It was moved and seconded (Amos/Kitchen) to recommend approval to the Town Board of Trustees of Special Review 00-03, Magic Moments Horse-Drawn Carriages with the following conditions and the motion passed unanimously. 1. The Applicant shall provide a copy of a Certificate of Insurance for $1,000,000 to the Town with the Town to be named as an additional insured. 2. The Applicant shall obtain written permission from property owners for specified stops on private property, including the Stanley Hotel, St. Bartholomew Church, and Our Lady of the Mountains Catholic Church. 3. The Applicant shall submit a revised site plan incorporating the following notes: a. Any future additions or revisions to the routes or stops to be approved by Town Staff. b. No signage shall be allowed on public property. c. If traffic conflicts or other use conflicts occur on the streets or at the public stop locations, Town Staff is authorized to restrict operations until the problem is corrected. This is intended to account for accidents, parade routes, periods of heavy traffic, or other instances of traffic hazards or congestion. d. All horses shall be diapered during times of service. e. Horses shall wear a rubber overlay shoe. f. Public Drop-off shall be limited to Transit Center and Tregent Park. W ' / -:2:,Nrit;-:i.fohk. - - rn . Â· fi; I. 4. .. . . . 2 I . '.... - 4, (te j i r,4 1 :22# t. . ..1. : 'll ' I ..- . . 1,1 : 4 f . ... . . a ...... .. A ... 1,1. * 1 t. j. 'F'H:~Aqals,Tivt:./4 29 9,Â· -u,-: 13.44,TTeWAT#1:2 , - 1 , ,. fÂ·4 --..21:=. â€ž,2, t I taâ‚¬:sio,rd-IL- 5: 3, 1 4\: 34 . 1.91:9 4ip.i:i,=tr.. ...4!. r 5: 1 - 8 -4 ... V .'- . 1~1 6 i/Â· .4. .4. :i: 1 1 1 . t.-4..'-U "' . 0 49 - i - = .r- - \ =-4 ' a._. ; flÂ¢la~1~--,d , 1.E ...2~3 12%5~27 1 : 13: 4 9'*r.,7 -t / 4. 6 jifil ~1~4;ia~. 24~-~.1% f a...Â·Tâ‚¬Â¥3Â·<, 4 *-1 j - - P . . 2 . il,T,it/,11"biwwillgivw#,- 9,1 1 -'4 L.'Tub'Fil#.1 .. Â· ...~ 12. . ./ 4, \ X . \ 2. 9 ! y "' - 1 -\ 1 ./ i i 3( 1, 1 17-2 2 4 Â· -Â· i L 1 1 A. I . r - 1 li I iIi , - Â· r '2- , 0 n.-' m d . JE e de) e,noil eBe!,Jeo sweluoIN leo! Community Development Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Senior Planner Date: October 5,2000 Subject: Amended Plat of Lot 2 and North 50 feet of Lot 3, Rock Ridge Estates Subdivision Background The site is located on Crags Drive. The site is currently platted as Lot 2 and the North 50 feet of Lot 3, Rock Ridge Estates, and are under the same ownership. A single family residence is currently developed on the site. The southern corner of the house straddles the current lot line. The applicant proposes to combine the two parcels into a single lot of record. -*-/1 site Action The Planning Commission recommends Approval 1-- Community Development Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Senior Planner Date: October 5,2000 Subject: Amended Plat of the Amended Plat of Lot 20, Amended Plat of Peak View Subdivision and Lot 16, S. St. Vrain Addition, Applicant: Harold B. Miller Estate c/o Miriam Masid Background. This proposal is to divide one 2.8-acre E-1 Estate lot into two lots, 1.8 acre and 1.0 acre. The existing drive to the house will be placed on the lot with the house. The new vacant lot will be 1 acre in size. The new lot will obtain access from either Twin Drive or Longs Drive on the north side. The new lots conform to required minimum lot area. Action The applicant requests continuation to the Nov. 14th Town Board meeting to allow more time to comply with the Planning Commission requirements. Administration Department Memo To: Honorable Mayor Baudek Board of Trustees, From: Rich Widmer 4Â¥0- Town Administratef Date: October 5,2000 Subject: Uplands Memorandum of Understanding Deadline Extension Background. Attached is a letter from the Uplands Homeowner's Association requesting an extension of the annexation deadline in the Memorandum of Understanding from October 1, 2000 until March 31, 2001. They further request that the Town continue those actions necessary to complete the annexation of The Uplands at Fish Creek to the Town. Budget. The agreement (attached) specifies the Town will pay for the surveying and legal work necessary to complete the annexation. Sufficient funds are budgeted for this work. Action Since this is a policy issue, staff respectfully requests your consideration of this request. ~**ED V E THE UPLANDS AT FISH CREEK, P.U.D 1~Ill; SEP 2 9 2000 Maintenance Association 1 2 [~ 2000 Uplands Circle Estes Park, CO 80517 4 September 29,2000 Mr. Rich Widmer Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mr. Widmer: The Board of Directors of The Uplands at Fish Creek, P.U.D., Association herein request that the Memorandum of Understanding between the Town of Estes Park and the Association, dated April 25,2000 be extended from its current deadline of October 1,2000 until March 31,2001. It is further requested that The Town continue those actions necessary to complete the annexation of The Uplands at Fish Creek to the Town of Estes Park. Yours Truly, ~chard G. Blackham President MEMORANDUM OF UNDERSTANDING A This MEMORANDUM OF UNDERSTANDING dated this 45- -day of U*U.6 2000, is between the Town ofEstes Park, hereinafter referred to as the ("Town") and tfle Uplands at Fish Creek P.U.D. Association, hereinafter referred to as the ("Association"). WHEREAS, the Town has had certain discussions with the Association with regard to the annexation ofthe Uplands at Fish Creek P.U.D. ("the property") to the Town, and WHEREAS, the Association is a legal entity which represents certain interests ofthe residents ofthe Property; and WHEREAS, the parties desire to set forth the understanding ofthe parties \with regard to the annexation of the Property to the Town. NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS STATED ABOVE, THE PARTIES HEREBY STATE AS FOLLOW: 1. ANNEXATION. Promptly upon request of the Town, the Association shall attempt to obtain signatures of land owners of more than 50% ofthe Property on the annexation petition for annexation ofthe Property to the Town. The Town shall provide the petition. Upon receipt of an executed petition by the Town, the Town shall prepare all survey, annexation maps and other documents necessary to process the annexation ofthe Property and the other provisions ofthis Agreement. A. ZONING. It is anticipated that the Property will be zoned Estate (E- 1), according to the terms and conditions ofthe Estes Valley Development Code or E-Estate ofthe current Municipal Code whichever is applicable. The parties understand and agree that the Town does not obligate itself in any manner to approve the proposed zoning for the Property. B. STREETS. Upon the annexation ofthe Property the Town shall assume responsibility of street repair and maintenance. C. WATER RATES. Upon annexation, the water rate will change from a rural rate to an urban rate, pursuant to the Municipal Code. D. SALES AND USE TAXES. Upon annexation, the Property will be subject to the Town's sales and use taxes. E. POLICE AND FIRE PROTECTION. Upon annexation, the Town will provide police and fire protection as it provides to all other areas within the Town's boundaries. F. SNOW REMOVAL. Upon the assumption ofmaintenance responsibility for the streets as set forth in Section B above, the Town will provide snow removal as it provides to all other areas within the Town's boundaries. 2. BUILDING PERMITS AND INSPECTIONS. Any building permit inspection within the Property shall be performed by the Town. The Town agrees to notify the Association, through its designated representative, o f any building permit applications. This agreement by the Town is merely for notification ofthe Association of all building permits. The Town shall not be required to administer, interpret or in any way become involved in any dispute between any building permit applicant and the Association or any residents ofthe Property with regard to whether or not the structure for which the building permit is applied for is in compliance with any covenants or restrictions which govern the Property. Also, the parties agree that the Town shall not be liable to the Association or any other owner or resident located within the Property for failure to notify the Association of any application for a building permit. 3. ASSOCIATION MANAGEMENT. Upon annexation, the Association will continue to manage the area in accordance with the covenants and existing P.U.D. agreement. The Association shall retain title to and control ofthe platted out lots in the Property. 4. P.U.D. AGREEMENT. The existing P.U.D. agreement for the Property with Larimer County, Colorado shall remain in force and effect as it relates to the Property. Any future land use changes, amendments and/or applications will be reviewed under the then current land use review and regulation procedures ofthe Town. Nothing in this Agreement shall affect the ability ofthe Association to maintain and enforce all covenants effecting the Property. 5. TRAFFIC. The Town agrees to consult with the Association prior to the installation of any traffic regulation devices. The final decision regarding the installation oftraffic regulation devices shall be solely at the Town's discretion. 6. LIGHTING. The Town agrees to consider the installation of street lighting upon requests from the Association. Only lighting requested by the Association shall be considered and the installation ofany requested street lighting shall be at the Town's discretion. 7. ANNEXATION ELECTION. In the event that a petition for annexation election is filed pursuant to the applicable provisions of Section 31-12-107 C.R.S., the Association agrees to reimburse the Town for all out o f pocket expenses incurred by the Town for the cost of said election, including any payments to the Clerk and Recorder ofLarimer County, Colorado, if said election is a part of a combined election administered by the Clerk and Recorder, Larimer County, Colorado. Said reimbursement shall be paid to the Town no matter the outcome ofthe annexation election. 8. ROAD DITCHES AND DRAINAGE. The Town agrees to consult with the Association on the removal or trimming of trees affecting preventive and general maintenance of streets and traffic safety, such as obstructions in the 2.5' clear zone, and sight distances of 150'. Tree branches shall be trimmed in lieu oftree removal where possible at the discretion ofthe Town. The final decision shall be at the sole discretion ofthe Town. Trees shall not be removed from within the 2.5' clear zone if they are not affecting the 150' sight distance and are not required for preventive and general maintenance or safety purposes. Trees beyond the 2.5' clear zone shall not be cut by the Town and shall be the sole responsibility ofthe Association. Ifany part of a tree trunk is within the 2.5' clear zone, the entire tree will be considered within the clear zone. Tree branches within the 2.5' clear zone may be trimmed by the Town. Maintenance ofroad ditches and drainage within the Uplands development shall be the sole responsibility ofthe Association. Road ditches shall be identified as starting two and one half (2.5) feet from the road asphalt edge and extending to forty (40) feet from the road centerline. The removal oftrees or obstructions affecting drainage from within this area shall be done at the discretion ofthe Association and the expense shall be borne by the property owner and/or the Association. Cleaning ofthe ditches, i.e. removal of silt and other types ofbuildup shall be at the expense ofthe Association. All complaints and/or concerns relative to road ditches and drainage shall be addressed to the Association. Any utility company that has utilities in the right of way has the right to remove trees in the right ofway without consulting the Association. 9. UTILITY CHARGE. The Town agrees to eliminate the utility charge that the Association currently pays for the lights at Fish Creek and Uplands Circle. /0. LEGISLATIVE DISCRETION. The parties understand and agree that the annexation and zoning ofthe Property by the Town isÂ·within the sole legislative discretion ofthe Board of Trustees ofthe Town of Estes Park. This Memorandum of Understanding shall not in any manner be legally or in any other way binding upon the Board of Trustees ofthe Town of Estes Park to annex or zone the Property. THIS Agreement contains the entire understanding ofthe parties with regard to certain items involving the annexation ofthe Property to the Town of Estes Park. In the event that the Property is not annexed to the Town of Estes Park on or before October 1,2000, this Memorandum shall become null and void and ofno further effect. 452' Dated this 1Â·~'day of A A; C , 2000. TOWN OF ESTES PARK LL. 0,-.9/1- Â¢~~yor ATTEST 1-240 -10-0 Town Clerk UPLANDS AT FISH CREEK PUD ,Â»-->13 President ATTEST: ~LL 00& c.Li n. AAS b ~ sen-2 \PL~ Administration Department Memo To: Honorable Mayor Baudek Board of Trustees, From: Rich Widmei 'C-- Town Admin r Date: October 5,21 - - Subject: Warranty Deed Acceptance for Lot 17, Bonnie Brae Addition Background. The Town has received a warranty deed (attached) from Byron W. Hart and his brother John B. Hart for Lot 17, Bonnie Brae Addition. This beautiful lot is located at the corner of Community Drive and S.H.7 and is approximately 1.2 acres in size (see vicinity map attached). The Harts have given this property with the stipulation it remain as open space, except for pedestrian and bicycle paths and picnic areas. The Town also has the right to realign Community Drive to take out the sharp curve at the golf course should it ever be necessary. The Harts have also asked that a small bronze plague honoring their mother, Hazel Blair Hart (1885-1976) be attached to one of the rock outcroppings on the lot Budget. Sufficient funds are budgeted to provide for a suitable plague. Action The Town Board needs to take formal action to accept the property. Staff respectfully requests your consideration of this matter. WARRANTY DEED Grantor(s), John B. Hart, County of Los Angeles, State of California and =whege--legalÂ·address-is. Byron W. Hart *County of Boulder and State of Colorado , for the consideration of $1.00 DOLLARS, in hand paid, hereby sell(s) and convey(s) to The Town of Estes Park ~ whose legal address is 170 MacGregor Avenue, Estes Park, Colorado County of Larimer and State of Colorado the following real property in the County of Larimer and State of Colorado, to wit: Lot Seventeen of Bonnie Brae Addition to the Town of Estes Park, Colorado, according to the Plat filed June 10, 1938. The above described property is conveyed to the grantee, its successors and assigns, as open space. Grantee shall keep the property free of any structures other than pedestrian and bicycle paths and picnic areas. Grantee may grant easements and rights- of-way across the property for public utilities so long as said utilities are placed underground. Grantee may also convey easements and rights-of-way along the boundary of the property ~ for public roads and rights-of-way. Should Grantee, its , successors or assigns, use the property other than is specified herein, said property shall revert to the grantors, their heirs or personal representatives. also known by street and number as: assessor's schedule or parcel number: with all its appurtenances, and warrant(s) the title to the pame, subject to Signed this '24 *b day ofG,ptzoube'l_ ' 2Dectf ('1-01 4 7:Lzr U STATE OF COLORADO County of bal-2Â£24- 1 Ss The foregoing instrument was acknowledged before me this 044 day of dLp &Ab-Ou , 32119 , by 83"-10 Â·1Â·laut a,nol- TEkn. 8. lialgt - Witness my hand and official seal. Mycommission expires: ID -3-1 -2)Â·00 1 f REBECCA 1 it r---n \ FAVA jog idthe-.c-4---~Y L *I f in Denver, insert "City an~k~M ...A# Nolary Public /â‚¬%7 1 Name and Address of Person Creating Newly Created Le:,1 Deleription (Â§ 38-35-106.5. C.R.S.) : . No. 897. Rev. 4-94. WARRANn'DEED (Short Form) Bradford Publishing, 1743 Wazce St., Denver, CO 80202 -(303) 292-2500 - 4-99 ~.' 1 11 1 --2 R>r Mountain Golf Villas ''11,1 - ~~Lot17 #7+ ,1 J 19 Eagles Landing - - lillill Lf--l L 1 4-fÂ» HART PROPERTY Memo Date: October 5,2000 To: Honorable Mayor Baudek, Board of Trustees From: Gregory A. White Rle Second Amendment to Development Agreement/Wildfire Ridge Background: In 1998, the Town annexed the Wildfire Ridge Addition to the Town of Estes Park. As part of that annexation, the Town entered into a Development Agreement which incorporated the approved Development Plan for the Property and contained specific agreements concerning development of the Property. That Development Plan provided for a multi-family project consisting of 44 units plus the existing kennel that was located on the Property. In 1999, the Owner of the Property approached the Town for amendment of the Development Agreement. The Town processed through the Planning Commission and the Town Board, Spedal Review 99-02, which approved 61 dwelling units on the Property, 31 to be affordable units and 30 to be market rate units. Special Review 99-02 was incorporated into Amendment to Development Agreement for Wildfire Ridge and approved the 10th day of August 1999 by the Town Board. The kennel which was a part of the first approval of the Property was to be removed upon the start of oonstruction of certain of the dwelling units on the Property. The Town has been approached by the Owners of the Property to amend the Development Agreement and the Amendment to Development Agreement to allow the Owners to pursue application for a development plan approval on the Property which would terminate the approval of Special Review 99-02. The new development is proposed to include no affordable housing bonuses and density would be based upon the Estes Valley Development Code. Also, the kennel will be removed from the Property upon development. Accompanying this memo is the proposed Second Amendment to the Development Agreement for Wildfire Ridge Addition to the Town. This Second Amendment does allow the Owner to pursue a new development plan through the Town's review process. if the new development plan is approved then the approval of Special Review 99-02 shall terminate. The Second Amendment incorporates all conditions of the original Development Agreement and the First Amendment and specifies that any new development plan will conform to all of the applicable provisions of the current Estes Valley Development Code. Said Second Amendment also recognizes that certain infrastructure has already been installed on the Property Budget: There are no budget implications. Action: The Town Board has the following options with regard to this proposed Second Amendment to the Development Agreement: 1. Approve the Second Amendment as submitted. This will allow the Owner to pursue a new Development Plan through the Town's Development Review process. 2. Deny the requested Second Amendment. This will keep in place the current Agreement between the Town and the Owners which incorporates Special Review 99-02. As this is a policy decision for the Town Board, there is no staff recommendation. -- 7-r ~EP-213-00 10,64 PROM:LAW OFFICES 10.2034431&478 PAGE 3/3 SECONDAMENDMENT TO DEVELOPMENT AGREEMENT FOR WIU,FIRE RIDGE ADDnION TO TE[E TOWN OF ES,TS PARK THIS SECOND AMENDMENT to the D..lopment Agreement is Â®Eedive tbis _ day of , 2000, by and between THE TOWN OF ESTES PARK COLORADO (the -Ton.0 and WILDFIRE DEVELOPMENT. LLC. a Colorado imaid liabilty compam', (the *OWDOO 81*X'&1& A The Owne: islbc owner ofthe real property de:aibed u Lot 1, Wildfire Ridge Addition to the Town of Estes P~k, I.arimer County, Colorado (Ibe "ProparyÂ») B. Ow='s prodecessor in interest, Pinnack Homes and Design LLC and the Town entered into thal Â©en,in Development Agreement for WildSre Rid, Addition to Town of Est. Park dated November 16,1990 (the -Developmeot Agrecmene, recorded January 7, 1999, as Reception No 990019*5 in the Larimer County, Colorado r-1 estate Moords, to gove,n the development of the Propercy C. The Owner and the Town entered into that cutain Amendment to Development Agmemant dated August 10, 1999 Â«he "First Amendment-1 which amended the Development Plaa for the Prope:ty D. The Owner and the Town wish to amend the terms md ooo,Buons of the Development Agreement and the First Ammdment in order to Nlow for Be~Nity in the development of the Prvpeny iander the ternu and conditions of this Second Amendmeat to the Developmmt Agreemeat FOR AND IN CONSIDERATION OF thâ€¢ mulual progi- and ooveiiants herein cootâ€¢ined and other good and vatuable comideration, the Town and the Ow= agree u follows: 1 Subject to obtaining seces=ry bulding perloits, Owner remains entitled to develop the Properly ia accordance with the Plan approved purmlant to Special Review 99-01 including all conditio= of approval by the Town Board of Special Review 99-02 and tbose conditions of approval speciBcal# set fbrth in the First Amendment. If a new development is approved fbr the Prope:ty, thea the approval of Special Review 9942 shall terminate 2. Altenatively,the Owner shan have the light and be entitled to develop the Property asa nmiti-ihinily develope,ent, p~ovided Owner sball sabinit a propowd devek,pment plan for =h development and that developmem plao reolives approval by the Town through the Town's divelopment r,view process. 11. Owner:hall have the Yight to make â€¢n appligation for development phoapproval for a multi-family development oftbe Property any time after tids C\O~FK~OBgmITm~~010â€¢-A - .+J -/ Agreement has been entered intobetween the Town andthe Owner 3. Any new Development Plan proposed fordevelopment ofthe Property shall be subject to the following: a The specific number of units shall be calculated based on the density calculations and other density requirements and regulations as set forth in the Estes Valley Development Code (the "Code"). b. Review ofthe Development Plan shall be subject to ali the then current requirements and review criteria u set forth in the Code in effect at the time of application. c. The overall configuration of the infrastructure for any new Development Plan for the Property shall be substantially *imitar to the overall configuration of the infrastructure for the Plan approved under Special Review 99-02. d. The perimeter setbacks for any new Development Plan for the Property shall be the same as those setbacks previously approved for the Property pursuant to the Plan approved under Special Review 99-02 e. Any approval of the new Development Plan will require that the Owner complete or guarantee all public improvements previously required to be constructed in conjunction with the approval ofthe Plan pursuant to Special Review 99-02, and any further Development Plan requirements. f. Any new Development Plan approved for the Propeny shall require that the use of the existing kennels on the Property shall terminate as of or prior to the time of development ofthe Property and at the time ofdevelopment ofthe Property the kennels (the commercial boarding facility on the southeast corner of the Property) shall be removed. 4. The Town and Owner acknowledge and agree that the conditions (a) and (b),for approval ofthe Development Plan as set forth in Paragraph 1 of the Development Agreement and that the conditions set forth in paragraph 3(a) and (b) ofthe Annexation Agreement for Wildfire Addition to the Town ofEstes Park (the "Annexation Agreement"), recorded January 7,1999, as Reception No. 99001983 in the Larimer County, Colorado real estate records, have been met and are satislied. The Town and the Owner further agree that condition (c) in Paragraph 1 ofthe Development Agreement and condition (c) ofParagraph 3 ofthe Annexation Agreement will bc addressed by the Owner providing as-builts of the utility and street construction as such public infrastnicture has been completed. The Town and the Owner further agree that condition (d) of Paragraph 1 of the Development Agreement and condition (d) of Paragraph 3 of the Annexation C:\OFFICE0OmCI.mrrmh~not,Scomd Amâ€¢-em 2 Agreement is no longer applicable because it is contemplated that the present use ofthe existing kennels shall be discontinued as of May 31,2001 and the cutrent Development Plan forthe Property and any new Development Plan do not and will not allow said use to continue. 5. The Town and the Owner hereby acknowledge and agree that the Property has been recently rezoned from C-O, Commercial Outlying, to RM Multi-Family Residential pursuant to the mutual agreement of the Town and the Owner, and therefore that the references in thc Annexation Agreement to C-O, Commercial Outlying zoning for the Property are no longer appropriate. Any new Development Plan for the Property shall comply with all applicable requirements of the RM, Multi-Family Residential zone district. 6. Except as specifically amended or modified by this Second Amendment, all other terms and conditions of the First Amendment shall remain in full force and effect and except as specifically amended or modified by this Second Amendment or the First Amendment, all other terms and conditions of the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Second Amendment to Development Agreement effective the day and year first above written. THE TOWN OF ESTES PARK WILDFIRE DEVELOPMENT, LLC, a Colorado limited liability company, By: Title: Mayor By: Title: Manager ATTEST: (SEAL) By: Title: Town Clerk CAOFFICE\L JECLIâ„¢rS,1,1-INÂ®oad A - ' 3 r, RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE lsT DAY OF JANUARY, 2001, AND ENDING ON THE LAST DAY OF DECEMBER, 2001. WHEREAS, the Board of Trustees of the Town of Estes Park have appointed Richard D. Widmer, Town Administrator, to prepare and submit a proposed budget to said government body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 14, 2000, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That estimated expenditures for each fund are as follows: 2001 2002 General Fund $ 9,992,429 $10,415,811 Community Reinvestment Fund 1,423,870 1,483,740 Museum Fund 246,352 239,958 Conference Center Fund 534,365 586,848 Conservation Trust Fund 40,000 25,000 Special Events Fund 761,951 692,011 Senior Center Fund 160,499 174,455 Larimer County Open Space Tax Fund 27,590 0 Park Entrance Estates Debt Service Fund 12,396. 11,797 Light and Power Fund 10,076,006 9,857,265 Water Fund 3,123,840 2,824,600 Self-Funded Medical Insurance Fund 253,490 278,880 Fleet Maintenance Fund 214,989 222,478 Firemen's Pension Fund 87,050 94,350 Policemen's Pension Fund 2,566 2,566 TOTAL $26,957,393 $26,909,759 Section 2. That the estimated resources for each fund are as follows: 2001 2002 General Fund: From unappropriated surpluses $2,238,360 $1,998,411 From sources other than general property tax 9,536,888 9,807,816 From the general property tax levy 215,592 226,370 TOTAL GENERAL FUND $11,990,840 $12,032,597 Community Reinvestment Fund: 3,447,037 4,084,487 Museum Fund: 246,352 239,958 Conference Center Fund: 537,979 590,462 Conservation Trust Fund: 43,108 28,308 Special Events Fund: 761,951 692,011 Senior Center Fund: 160,499 174,455 Larimer County Open Space: 326,442 548,247 Park Entrance Estates Debt Service Fund: 18,740 15,149 Light and Power Fund: From unappropriated funds 4,089,756 2,260,639 From other revenue sources 8,246,889 8,389,269 TOTAL LIGHT AND POWER FUND 12,336,645 10,649,908 Water Fund: From unappropriated funds 4,022,082 3,407,852 From other revenue sources 2,509,610 2,615,475 TOTAL WATER FUND 6,531,692 6,023,327 Catastrophic Loss Fund: 1,978,519 2,067,519 Self-Funded Medical Insurance Fund: 369,832 327,742 Fleet Maintenance Fund: 306,729 295,040 Firemen's Pension Fund: 989,556 1,050,251 Policemen's Pension Fund: 20,199 18,133 GRAND TOTAL $40,066,120 $38,837,594 Section 3: That the budget, as submitted, and herein above summarized by fund, is hereby approved and adopted as the budget of the Town of Estes Park, Colorado, for the year stated above. Section 4: That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. ADOPTED this 4th day of November, 2000. Mayor ATTEST: Town Clerk Administration Department Memo To: Honorable Mayor Baudek Board of True--- From: Rich Widmer 4 - Town Admini Date: October 5,21 Subject: Proposed Resolution #21 -00 Background. Attached, per the Mayor's direction, is draft Resolution #21-00 opposing the proposed Amendment 21 to the State Constitution concerning tax cuts. Larimer County adopted a similar resolution recently, as have many other cities and towns. Amendment 21 proposes a $25 tax cut, increased yearly (to $50, $75...) in each tax bill. It includes impacts on all utility franchise fees, sales taxes on utilities and vehicles, use tax on vehicles, and property taxes. It also impacts each special district and school district. Budget. If Amendment 21 passes, the Town will lose approximately $795,000 in revenue for 2001. Action Staff respectfully requests consideration of the proposed Resolution #21-00. I would like to spend a few moments to let you know why I am adamantly opposed to the proposed Amendment 21. Some might at first glance say it really is not that significant or it might just require all of the governmental bodies in the state to tighten their belts a little, and that is not all that bad, but let me tell you that Amendment 21 will fundamentally change the way government operates or should I say does not operate in the State of Colorado. A study done by Dr. Tom Brown of the University of Colorado, predicts Amendment 21 would bankrupt 116 of Colorado's small, local, special districts in 2002. Eventually, it would bankrupt most o f the 1,600 special districts that provide vital services as fire protection, hospitals and water, as well as libraries,parks and recreation. What would this amendment mean to us locally? It is estimated that just for the Town ofEstes Park, our budget will be reduced by aprox. $795,000 the first year that this law would take effect. There was a letter to the editor in last Friday' s Trail Gazette titled Government Can Afford Tax Cut 2000. The person who wrote the letter states that government is threatening that there will be cuts in basic services while in reality spending money on things that we don't need can be made without cutting basic services. We do in fact spend money in areas which by definition are not basic governmental services. Let me give you some examples ofwhat they are and what we most likely would be forced to stop. 0Â£t,di'.ec- 1 Food tax Refund Crossroads P.A.C.T. Estes Park Library District Support of Arts Salud Family Medical Center - Close Senior Center - Close Estes Park Area Historical Museum, Cancel Christmas Parade, reduce money for advertising and reducing activities at the fair grounds. I believe that these monies are well spent and make Estes Park the community that we warÂ¢ but these cuts would only balance the budget the first year.. What then would we reduce the second year when another tax reduction step takes place and then the third year. Should we reduce the amount of snow plowing that we do, increase the time cycles for road improvements, not upgrade water ,sewer, and electrical as we do now? If there is anyone here who does not think that basic services will not be affected they are in a dream world. Remember with this formula the reductions would go on until the taxes are zero. What is the worst part ofthis ill thought out proposal is not what it will do to the town but what it will do to other local governmental entities here in the Estes Valley which by their very nature will,over a relatively short time,loss the major portion oftheir revenue. How many in Estes Park want to see our library close or The Recreation District cease to function or the Estes Park Medical Center close it' s doors to our community? What impact will this have on our school system? If you think these are just threats, please do your homework and a little math and you will see that they are not. Another important consideration is that if this Amendment were to pass and all of us in Estes Park decided that it might work well in Grand Junction or Durango, but it would not be beneficial here in Estes Park we could not on a local level change the law to exempt ourselves. Mr. Bruce did not want local people to have that option because he saw that too many had changed the TABOR restrictions because they just did not work. Even Mr. Bruce says that these cuts would be devastating to local governments, but we need not worry as the state of Colorado will reimburse local governments for any lost revenues. Well the State has flat out said that they will not reimburse local governments because there would not be enough funds to do this and the original TABOR act sponsored by Mr. Bruce prohibits this from happening. I feel that w5as your elected board,have a responsibility to inform you ofthis proposed amendment to our State Constitution and the negative effects it will have on our way of life here in Estes Park. Â¥ RESOLUTION NO. 21-00 A RESOLUTION OPPOSING PROPOSED AMENDMENT 21 TO THE COLORADO CONSTITUTION WHEREAS, on November 7,2000 the voters will be asked to pass Amendment 21 for a tax cut in the amount of $25.00 per tax per year for taxes paid in Colorado; and WHEREAS, the proposed Amendment would mandate a reduction in certain taxes by $25.00 each year in perpetuity, causing a $25.00 reduction in each tax the first year, a $50.00 reduction the second, a $75.00 reduction the third and so on, up to the amount of the applicable tax paid; and WHEREAS, the proposed Amendment will have far reaching impacts on state and local government, school districts, and special districts, including the Estes Valley Recreation and Park District, the Estes Valley Public Library District, the Park Hospital District, Larimer County, and the Town of Estes Park; and WHEREAS, if Amendment 21 is passed by Colorado voters, the Town of Estes Park will likely be forced to curtail, reduce and potentially eliminate services that protect the public health and safety that ensure our quality of life; and WHEREAS, if Amendment 21 is passed by the Colorado voters, the Town of Estes Park anticipates a $795,000 revenue decrease in 2001 alone. This revenue finances new streets and street maintenance and repair, law enforcement, public safety, fire protection, emergency response, health, human services, utilities, drainage and other critical services that are provided to and relied upon by the citizens of Estes Park; and WHEREAS, Amendment 21 does not provide any opportunity for voter-approval overrides or waivers of the proposed tax cuts. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the Board of Trustees hereby expresses its fervent opposition to Amendment 21 that will be placed on the November 7,2000 Ballot, and urges its citizens to also vote "NO." INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2000. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk I .t TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Baudek and Board of Trustees From: Richard E. Matzke-7Â£2/1-- Date: October 9,2000 Re: 2000 - 2001 Christmas Decoration Installation Contract Award Contract BACKGROUND: In August 1999, the Town advertised for bids to install the Town's Christmas Decorations including the Buell Porter scenes, twinkle lights in 150 trees downtown, and the rebar trees on the highway lighting poles. All bids were submitted as two one-year proposals (1999 and 2000). The 1999 contract was awarded to the low bidder, TA Enterprises at a cost of $41,200 in September 1999 with award ofthe 2000 contract subject to Committee approval based on 1999 performance. The original contract was amended to $44,815.74 to include decorating 22 additional trees with twinkle lights and maintaining the twinkle lights from January 1 through President's Day weekend. All work was performed in a satisfactory manner at the revised contract amount. The original bid for the 2000 contract from TA Enterprises was $42,436. Ifwe include the 1999 changes into the 2000 contract, the revised cost is $46,055. BUDGET/COST: The 2000 budget includes $50,000 for the Christmas decoration contract. RECOMMENDATION: TA Enterprises would like to begin installation of the twinkle lights by October 15th to allow for completion by parade day. The Light and Power Department recommends that the contract for installation ofthe Christmas decorations for the 2000 - 2001 season be awarded to TA Enterprises at a cost of $46,055. REM