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Home My WebLink AboutPACKET Town Board 2001-10-09Prepared 10/05/01 + Revised 10/08/01 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 9, 2001 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 25, 2001. 2. Bills. 3. Committee Minutes: A. Community Development, September 27, 2001: Special Events Dept.: 1. 2001-2002 Rooftop Rodeo Committee Members. 2. Grandstand Furniture Replacement Purchase, $6,000+. B. Public Safety, October 4, 2001: Police Dept.: 1. Wiest Dr. Street Closure 10/10/01 - Fundraising Event. 2. Elkhorn Ave. (downtown) Street Closure - Halloween Festivities. 4. Estes Valley Board of Adjustment, October 2, 2001 (acknowledgement only). 5. Estes Valley Planning Commission: Special Meeting September 17, 2001, and Regular Meeting September 18, 2001 (acknowledgement only). 6. Ordinance #15-01 - Amending the EVDC to Rezone Park River West (Town Board held Public Hearing 9/18/01). lA. 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 E. Motion to Approve/Deny 1. PRELIMINARY CONDOMINIUM MAP. Tract 14, Beaver Point, Second Addition, James M. Whittlesey/Lazy R Cottages/Applicant. 1 Continued on reverse side 2. SUBDIVISION. Amended Plat of Part of Lots 1, 2, 15 & 17, Block 10, Second Amended Plat of the Town of Estes Park, to be known as EPCO Subdivision, EPCO, Inc./Applicants - APPLICANT REQUESTS CONTINUATION TO NOVEMBER 13, 2001. 2. ACTION ITEMS: 1. AUDIT (Year Ending 12/31/00). Finance Officer Brandjord and Don Gruenler/Hiratsuka & Schaus, LLP. 2. RESOLUTION #41-01 - INTRODUCTION OF PRELIMINARY 2002 BUDGET. Finance Officer Brandjord. 3. ESTES PARK URBAN RENEWAL AUTHORITY: (1) INTERGOVERNMENTAL AGREEMENT FOR LAND TRANSFER, & (2) MEMORANDUM OF UNDERSTANDING FOR FUND TRANSFER - BOTH AGREEMENTS BETWEEN EPURA AND THE TOWN. Town Attorney White. 4. REZONING & FINAL PLAT FOR THE HABITAT SUBDIVISION, A PORTION OF LOT 33, BONNIE BRAE SUBDIVISION, HABITAT FOR HUMANITY OF ESTES VALLEY/APPLICANT. A. Mayor - Open Public Hearing B. Staff Report C. Town Attorney White read Ordinance #13-01 D. Public Testimony 1 E. Mayor - Close Public Hearing F. Motion to Approve/Deny. 5. LIQUOR SHOW CAUSE HEARING - (1) APPROVAL OF STIPULATION AGREEMENT & (2) FINDINGS AND ORDER OF SUSPENSION FOR DEER RIDGE, INC., dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPER MARKET). Police Chief Richardson/Town Clerk O'Connor. 6. BOARD ROOM REMODELING PROJECT - AUTHORIZATION TO PROCEED. Town Administrator Widmer. 7. STANLEY PARK QUIET TITLE - UPDATE. Town Attorney White. 8. TOWN ADMINISTRATOR'S REPORT. 9. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(B), C.R.S. - Conference with Town Attorney White for the purpose of receiving legal advice on the following specific legal questions as follows: (1) Fall River Estates Lawsuit, (2) * Larry & Donna Coulson vs. Estes Valley Board of Adjustment Lawsuit, (3) Potential Litigation, and 24-6- 402(4)(E),_Q.R.S. (4) * Instructing Negotiators. Motion: I move the Town Board-go-into- Executive-Session for a- conference with Town Attorney White for the purpose of receiving legal advice on items 1-4 listed above, under C.R.S. Section 24-6- 402(4)(B), and 24-6-402(4)(E). 10. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, September 25, 2001 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 25th day of September, 2001. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Assistant Town Administrator Repola Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT Frank Tice, owner/Mary's Lake Lodge, introduced Art Carouso/American Red Cross, who invited the community to attend a Red Cross fundraising event. The Lodge is hosting the event on Saturday, September 29th, from 12:00 Noon-11:00 p.m. Plans include live music throughout the event and door prizes, and all proceeds will be given to the Red Cross, and entry fee is $10.00. Assistant Town Administrator Repola reported that the Senior Center is assisting with a Pancake Breakfast 9/29 for the Victim's Relief Fund from 7-11:00 a.m. TOWN BOARD COMMENTS Mayor Baudek announced the "Mayor's Community Meeting" on Wednesday, October rd 3 , from 7-9 p.m., in Rooms 201-203 of the Municipal Building. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 18, 2001. 2. Bills. 3. Committee Minutes: A. Light & Power, September 13, 2001: 1. Christmas Decoration Installation Contract - Note: a staff memo requesting the contract amount of $47,177 be amended and approved for $48,177 was included. 2. Fall River Hydro Plant Site Development Contract, $54,400. B. Public Works Committee, September 20, 2001: 1. Financial Plan-Study & Water Rate Adjustment. 2. Public Works Equipment Replacement Purchases (5), $166,307.28. - ' I Board of Trustees -September 25, 2001 - Page 2 3. Water Dept. 2000 Loop Project Change Order, $9,069.20. 4. Water Dept. 2001 Loop Project Bid Approval, $374,517. 5. Water Dept. SCADA Equipment, $13,400. 6. Glacier Creek Water Plant Scope of Services, $34,400. 7. CDOT 100% Reimbursed Project - Fish Creek/Highway 36 Intersection Scope of Services, $83,766. 4. Good Samaritan First Addition, and Good Samaritan Second Addition Annexation, Good Samaritan Society/Applicant - CONTINUED TO OCTOBER 23, 2001. 5. Resolution #40-01 - Correcting Show Cause Liquor Hearing date for Deer Ridge, Inc. from 9/18/01 to 10/09/01. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. FRONT-RANGE COMMUNITY COLLEGE - PRESENTATION. Dr. Jim Butzek/Vice President of the Larimer Campus/Front-Range Community College, John Feeley/Director of College Communications, Susan Panico/Interim Director of Business Services, and Jim Carpenter/Interim Director of Estes Park Services gave a presentation on College activities, particularly as such services relate to the Estes Park community. In summary, the needs of community were surveyed, statistics are being compiled and classes may be customized. Mayor Baudek expressed the Board's appreciation to said representatives for their report. 2. CARLSON ADDITION ANNEXATION, Frederic & Susan Carlson, Trust6e of Carlson Family TrusUApplicants: Mayor Baudek opened the public hearing, and Community Development Director Joseph presented the Staff Report. The Applicants are seeking annexation of 8.99 acres located on the east side of Fish Creek Rd. near Brodie Ave. A subdivision of this property is being proposed to allow commercial accommodations development to occur on several smaller lots with a new loop public street-consideration of this subdivision will be forthcoming and is not under consideration during this public hearing. The current zoning is A-Accommodations and the site is to remain zoned A-Accommodations. Town Attorney .White read Resolution #39-01 and Ordinance #14-01. Applicant's Representative Paul Kochevar commented on the Applicant's intent to subdivide into smaller lots (6) for individual sale. There being no further testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Newsom/Gillette) Resolution #39-01 and Ordinance #14-01 annexing the Carlson Addition be approved, and It passed unanimously. 3. RIVERSTONE CONDOMINIUMS 11, PRELIMINARY CONDOMINIUM MAP, LOT 2A, BLOCK 3, FALL RIVER ESTATES, Doug & Linda Cook/Applicants: Mayor Baudek opened the public hearing, and Town Attorney White presented the Staff Report. In 1999, the Planning Commission approved the condominium map for the Riverstone Development Plan and subdivision that provided for four residential and nine accommodation units. Staff is recommending approval of the Preliminary Riverstone C ondom i n i u m 11 M a p, pend i ng approval of a revised Development Plan. Public testimony was heard from: Paul Kochevar, Applicant's Representative, who confirmed that the Applicant will proceed under the original timeframe. Concluding all testimony, Mayor Baudek closed the , 1 Board of Trustees -September 25, 2001 - Page 3 public hearing, and it was moved and seconded (Habecker/Gillette) the Riverstone Condominiums 11, Preliminary Condominium Map be approved: (1) pending approval of a revised Development Plan, and (2) the following to be placed on said map: "Approval of this condominium map does not provide for any extension of vested rights for any development plan for the property depicted on this plat", and it passed unanimously. 4. 2000 CENSUS REPORT - PRESENTATION. Community Development Director Joseph gave a PowerPoint presentation of tables comparing figures generated in the 1990 census versus the 2000 census. In summary, staff did not find any unsuspected trends - Estes Park not changing in a dramatic way, however, Estes Park is growing in dramatic way. Alan Aulabaugh commented that the table entitled "Comparison by Race" should be amended to "Comparison by Ethnicity." 5. TOWN ADMINISTRATOR'S REPORT. None. Following conclusion of all agenda items, Mayor Baudek adjourned the meeting at 7:53 P.m. John Baudek, Mayor Vickie O'Connor, Town Clerk t BRADFORIPUBLISHING.0. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 27, 2001 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 27th day of September, 2001. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: All Absent: None Also Attending: Assistant Town Administrator Repola, Directors Joseph, Pickering, Manager Marsh, Special Events Coordinator Wright, Deputy Clerk van Deutekom Chairman Doylen called the meeting to order at 8:00 a.m. SPECIAL EVENTS REPORT. 1. Event Critiques. Hunter-Jumper July 20-August 12; 19th year event; Hunter-Jumper horse industry is thriving; number of spectators down; approximately half the exhibitors remain the entire 3 weeks; many downtown stores benefit from participant shopping. Riverside Rhvthms July 11-August 29; 1St year event; 10 groups performed; positive response from entertainers and merchants; very successful 1st year event. 2. Grandstand Boxseat Chair Purchase - Request Approval. Special Events Coordinator Wright reported that the present grandstand chairs were purchased prior to 1989 and are in need of replacement. The following bids were received to replace 400 grandstand chairs: Bleachers International of Strasburg, CO $15.00/ea + shipping Monroe Manufacturing of Colfax, IA $15.00/ea + shipping The 2001 and 2002 Budgets include a total of $12,000 ($6,000 per year) to replace 200 chairs/year. The Committee recommends approval to purchase 400 Samsonite poly-fold chairs from Bleachers International of Strasburg, CO at a cost of $6,000 funded from the 2001 Budget with a portion of the 2002 budgeted funds to cover shipping costs. 3. 2001-2002 Rooftop Rodeo Committee/Officer Appointments. Jo Adams Art Mutschler Jacquie Buckert Ruth Mutschler Trudy Carra de Salero Pete Peters Gary Cleveland, Vice-President Tanya Peters Don Cunningham Kenna Pittman Amy Davies Mike Richardson Shaleen Duell Chris Schra Delbert Hillman Bob Seifert Debbie Holgorsen, Secretary Mary Jo Seifert Chief Jenista Donnell Thompson Joyce Kitchen, President Joan Van Horn 4.- -- f ./AD,-0/0 PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - September 27, 2001 - Page 2 Ed Lewis Ralph Walls Marianna:Lewis Steve Wilson Dave McPhee Rick Dill, Honorary Judy McPhee Ken Hobert, Honorary Don Moor Chuck Thomas, Honorary Sean Murray The Committee recommends approval of the 2001/2002 Rooftop Rodeo Committee as presented. ADVERTISING REPORT. Manager Marsh presented a copy of the National Geographic Traveler magazine listing the top 50 places in America (2 of which are located in Colorado), and the 2001 Reader's Choice Award from the Daily Camera in which Estes Park was voted the best weekend getaway. He also reported that total requests for information are up 5.4%, 800 calls are down 18%, e-mailed requests are up 26%, and advertising generated requests for information are up 7.12%. Other areas discussed include possible impacts of the 9/11 National tragedy, including airline travel, the economy and security issues. Actions planned include an expanded magazine schedule with regional emphasis. CONFERENCE CENTER REPORT. Director Pickering discussed the 2001 fall conference bookings. Areas discussed include conference cancellations, the Consumer Confidence Index, and advertising campaigns. COMMUNITY DEVELOPMENT DEPARTMENT. Director Joseph explained that the Planning Commission scheduled Public Hearing dates to discuss Estes Valley Development Code revisions on September 17th and October 22nd. Proposed revisions will be presented to the County Commissioners and Town Board for approval. There being no further business, Chairman Doylen adjourned the meeting at 8:58 a:m. Rebecca van Deutekom, Deputy Town Clerk BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 4, 2001 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 4th day of October, 2001. Committee: Chairman Gillette, Trustees Jeffrey-Clark and Newsom Attending: Chairman Gillette Absent Trustees Jeffrey-Clark and Newsom Also Attending: Assistant Town Administrator Repola, Police Chief Richardson, Deputy Clerk van Deutekom Chairman Gillette called the meeting to order at 7:30 a.m. The agenda was revised to include the Dispatch Remodeling Project bids. POLICE DEPARTMENT Street Closure Requests: October 10, 2001 - Wiest Dr. Chicago's Best Restaurant will hold a pig roast Wednesday, October 10, 2001 from 3:00-9:00 p.m. on Wiest Drive. Proceeds from the event will be donated to the victim's relief fund to aid victims of the terrorist attacks on the United States that occurred September 11, 2001. Staff will notify the Fire Dept. and ambulance crews of the event and street closure. October 31, 2001 - Halloween Festivities. The Dept. is again 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 9.00 p.m. on Wednesday, October 31, 2001. The Committee recommends approval of the street closure requests as presented. Communication Center Remodel Project. This project was planned in 2 phases with $70,000 budgeted in 2001 (electrical upgrades, relocation of the equipment and walls, new carpeting and lighting) and $125,000 budgeted in 2002 (radio upgrade and additional radio console). The following bids were received (staff recommends adding 10% to the to the bids for contingencies): Ray Duggan Builders & Design $ 79,579 Westover Construction 78,468 Staff was directed to determine budget adjustments necessary to consolidate both phases to complete the Project in 2001 and present recommendations at the October 23rd Town Board meeting for approval. FIRE DEPARTMENT (EPVFD) No report. REPORTS Chief Richardson reported that 2 dispatchers have been hired and the 3rd vacancy will not be filled until early 2002. The Longs Peak Scottish/Irish Festival went well and there were no significant incidents to report. Records Management System - Upgrade. Chief Richardson explained that the Dept. receives software upgrades to the Records Management System through a partnership with Larimer County. The latest upgrade should be installed and fully operational by December 2002. , BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee - October 4, 2001 - Page 2 Security Alert Requirement - Update. Deputy Chief Filsinger updated the Committee on the continued security measures currently in place for the Bureau of Reclamation (BOR) Power Plant and Lake Estes Dam. Pedestrians on the Lake Estes Trail and watercraft on Lake Estes are prohibited within 500' of the Dam and Power Plant. Officers from the Estes Park Police Dept. and Larimer County Sheriff's Dept. are providing the security requested by BOR. FEMA funds should be available to reimburse both departments for added manpower costs to provide this security. Tobacco Compliance Project. Lt. van Deutekom outlined the Tobacco Compliance Project timeline. Areas discussed include education, training, compliance checks, and criminal enforcement. There being no further business, Chairman Gillette adjourned the meeting at 8:03 a.m. 5â‚¬vam- /Gezikka.-- Rebecca van Deutekom, Deputy Town Clerk . /"0/0//PUBLISMINGCO RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment October 2, 2001, 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: Planner Shirk and Recording Secretary Wheatley Absent: None Chair Barker called the meeting to order at 8:00 a.m. 1. CONSENT AGENDA a. The minutes of the September 11, 2001, meeting were accepted as presented. 2. LOT 72, B LOCK 1, LITTLE VALLEY 2 ND FILING: TBD HUMMINGBIRD DRIVE. APPLICANT: MICHAEL & PHYLLIS COURTNEY - SETBACK AND HEIGHT VARIANCE REQUESTS FROM SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant wishes to deviate from the 50-foot rear yard setback to allow a property line setback of 20 feet, and a variance to deviate from the 30-foot maximum height to allow a maximum height of 40 feet from original grade to allow for the construction of a detached single family dwelling. It is Staff's opinion the slope and ridgeline protection area create special circumstances that are not common to most areas and may result in practical difficulty. Based on the slope of the land (35-40%) and the presence of the ridgeline, it is Staff's opinion the variance is not substantial and this request is the least deviation that would afford relief. The essential character of the neighborhood would not change. Alternative locations would require extensive cut-and-fill, which would be more visible from surrounding properties and have a greater detriment to the neighborhood. Without the variance, the structure would have to be located in an area that would have a greater visual impact on the neighborhood. The site is within an identified Wildfire Hazard Area. Mitigation will be coordinated through the Larimer County Building Department. The property owner to the south had called for clarification but did not have any complaints. There were no other contacts from the neighbors. Frank Whyte, the general contractor, was present representing the applicant. Public Comment: None. Based on the configuration and steepness of the lot with the rocks, it was moved and seconded (Newsom/Ball) to approve a rear yard property line setback of 20 feet as opposed to a 50 foot setback as required in the RE zoning district with the following conditions. Motion passed. Those voting yes: Sager, Barker, Newsom, Ball. Those voting no: Lamy. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. D ' I.A.FOROPUILISHING.0 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 2, 2001 Page 2 1. A setback certificate prepared by a registered land surveyor verifying compliance with the site plan shall be submitted at the foundation inspection. 2. An elevation certificate verifying compliance with the site plan shall be submitted at the foundation inspection. Elevation shall be in relation to project benchmark established on the submitted site plan. 3. Non-reflective building material shall be used on the roof and wall exteriors (excluding windows). 4. Exterior colors shall be muted and selected to blend in with the surrounding hillside. 5. Wildfire mitigation in accordance with Section 7.7.E.2 of the Estes Valley Development Code (EVDC). Wildfire mitigation shall be coordinated with the Larimer county Wildfire Safety Coordinator. 6. Erosion control shall be implemented during construction. 7. Site shall be revegetated with native grass seed mixture prior to issuance of Certificate of Occupancy. 3. 1236 GLACIERVIEW LANE: PORTION OF SECTION 35, T5N, R73W, APPLICANT: PHIL & CHRIS SWITZER - VARIANCE REQUEST FROM SECTION 6.3.C OF THE ESTES VALLEY DEVELOPMENT CODE Planner Shirk reviewed the staff report. The applicant requests a variance to allow for the replacement of four (4) small barns with a 2,560 square foot barn. The applicant proposes to store animals and hay in the structure. The EVDC prohibits barns in the "E" district. The property has been used for an alpaca farm operation since 1980. In 1997, the applicant was cited for a zoning violation. The Larimer County Board of County Commissioners heard the zoning violation in January 1997. At that time, the Board found that a violation did not exist with certain conditions. It is Staff's opinion that the Board of County Commissioners' decision' provides for a special circumstance that applies to this particular property, and restricting the development of the barn may create a practical difficulty. The same use of the property may continue without a variance. A barn could have been built on the property prior to the implementation of the EVDC. It is staff's opinion that the requested variance would be the least deviation that would afford relief. No significant issues or concerns were expressed by, reviewing staff relative to code compliance or the provision of public services. Phil Switzer, applicant, reviewed his request and the difficulty to adding on to the existing barns. Predators (such as coyotes, bears, mountain lions) have been sighted nearbyand their alpaca stock need the protection of a barn at night. Board Member Sager expressed his earlier concern that it was not within the powers and duties of the Board of Adjustment to approve an extension of non- conforming use. In this case, however, it is an extension of a non-conforming _ _ use_that_was preyiously_appmyed-by the Bqard of County_Commissioners and would fall within the Board's responsibilities. Mr. Switzer advised that the new barn would be dark green and light tan. There has been no response from the neighbors other than Alan Joseph who commented that he was not opposed. Public Comment: . None. BRADFOR' PU/LISHING.0 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment October 2, 2001 Page 3 Based on staff findings, it was moved and seconded (Ball/Newsom) to approve the requested variance to Section 6.3.C.1 of the Estes Valley Development Code to allow for the expansion of the non-conforming use; specifically to build a 2,600 square foot barn with the following conditions. Motion passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. The extent of the "use expansion" shall be limited to the proposed barn. 2. The applicant shall maintain compliance with the 1997 Board of County Commission ruling. 4. REPORTS Planner Shirk advised that the height modification formula has been recommended by the Planning Commission to the Town Board and Board of County Commissioners. The Boards will have their hearings in October after which new height variance requests will be reviewed using the revised calculation method. There being no further business, Chair Barker adjourned the meeting at 8:35 a.m. Jeff Barker, Chair Meribeth Wheatley, Recording Secretary .. BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Special Meeting of the Estes Valley Planning Commission Public Hearing on Estes Valley Development Code Revisions September 17, 2001, 1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Joyce Kitchen, Commissioners Wendell Amos, DeeDee Hampton, Ed McKinney, Cherie Pettyjohn, Edward Pohl, and Dominick Taddonio Attending: Chair Kitchen, Commissioners Amos, Pettyjohn, Pohl, and Taddonio Also Attending: Town Attorney White, Director Joseph, Planner Chilcott and Recording Secretary Wheatley Absent: Commissioners Hampton and McKinney Chair Kitchen called the meeting to order at 1:35 p.m. Director Joseph reviewed the purpose of the proposed Code Amendments. These Code revisions address and correct minor errors and omissions that have surfaced afterthe first year and a half of experience working with the Code. Other minor revisions clarify and modify existing Code provisions to produce standards that are more workable. The Code revisions were divided into Block 1 and 2 for discussion. Block 1 includes the less controversial and routine housekeeping matters to the Code. Block 2 includes items that will require more discussion and review. Director Joseph itemized the proposed revisions in Block 1. The items are as follows: 1. Â§1.9.D - Modification of the requirement regarding Obstruction of Sight Distances at intersections and driveways in order to agree with the requirements in Appendix D, Section IV, Streets and Roads, C. Intersection and Driveway Visibility. 2. Â§1.9.E - Height Measurement was postponed to the end of Block 1. 3. Â§2.1 - Elimination of a reference to the Estes Park Board of Adjustment and the Larimer County Board of Adjustment and correction to the "Estes Valley Board of Adjustment." 4. Correction to Table 2-1 to reflect past practice that Use Classification is reviewed by Staff and appealed to the Boards rather than Planning Commission. 5. Â§3.2.F - Clarifying the Minor Subdivision and Annexation processes. The addition of a pre-application conference requirement for a variance request. 6, Â§3.8 - Adding the "O" Office District to the chart, which corrects an omission. 7. Â§3.8 - Adding language that creates a development plan trigger for renovations and redevelopments to RV parks and campgrounds. 8. Â§3.9 - Clarification of the language that sets out the standards that identify land for the minor subdivision process relating to water and sanitary sewer facilities. 9. Addition of the provision that areas in hazard areas are not eligible for the minor subdivision process. 10. Clarification under the procedures for minor subdivision by the deletion of the phrase "except that no preliminary plat shall be required." 11. Clarification that under the procedures for minor subdivisions, the first step shall be in a Preliminary Plat format and the second step (forwarded to the Governing Body) shall be in the Final Plat format. 12. Â§4.1 - Addition of the Stanley Historic District which corrects an omission. 13. Â§4.3 - Residential zoning districts, correcting an error in the last column of Table 4-1 of Household Living from RE-1 to R-1. 14. Â§4.3, Table 4-2 - Adding the footnote to state that "Single family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively." 15. Â§4.3.D - Clarification to make it clear that it is "dwelling" units that trigger the requirement for private open areas. 16. Â§4.5 - Reserves the Downtown Design Overlay District and the Highway Corridor Overlay 1 , BAA'FOROPUBLISHING.0 RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 17, 2001 Page 2 District. Add the Stanley Historic Overlay District which corrects an omission. 17. Â§5.2 - Proposing language that will avoid any discrepancy between the Code and State regulations regarding the maximum number of children cared for in a Family Home Day Care. 18. Table 5-1 - Correction to the footnote in the Additional Requirements column to "Â§5.2.B.2.e." 19. Table 5-2 - Similar correction under Employee Housing in Table 5-2 to read "Â§5.2C.2.a." 20. Â§5.3 - New provision being added to serve to restrict temporary uses to comply with the setbacks established for permanent building structures. Additionally wording added "Staff may waive or adjust this provision." 21. Â§7.11 - Altering the requirement to provide for bicycle storage per twenty parking spaces rather than forty. 22. Â§10.2 - Clarification regarding the process for Minor Subdivisions. 23. Â§10.2 - Frontage lots - clarifying that the lots front onto an existing "dedicated public" street. 24. Â§10.3 - Add clarification to the Minor Subdivision process. 25. Â§13.2.C - Revised definition of Bed & Breakfast will be discussed in Block 2. 26. Â§13.3 - Addition of a definition for barr'dstable with the change in wording to read "...used exclusively to store "farm implements", grain, hay .... Definition of building envelope added. Modification of the definition of Floor Area, Gross to clarify the intent of the code in regard to attainable housing bonus units being exempt from the FAR calculation. Addition of a definition of Garage Sale with the change in wording to read "...of more than five items...." Addition of a definition of Statement of Intent which reflects actual practice. Modification of the definition of Arterial Street to include "community connector." Graphic to be added to Appendix A. 27. Appendix B -General submittal requirement of Statement of Intent to reflect actual practice. 28. Correction to the reference in Item "n" to read Â§7.2.D. Addition of requirement for Names and Addresses of adjacent property owners. 29. Clarification of a requirement by Larimer County for a Small (changed from "600") Scale Plat (1"-600' scale) for Final Plats. 30. Modification to the Surveyor's certification requirement which reflects actual practice. 31. Statement of Intent referred to again reflecting actual practice and adds clarity to the requirement. 32. Deletes a submittal requirement of a site specific lot survey in regard to the sketch plan submittal. 33. Additional requirement of a submittal of an as-built development plan upon final completion of a project. 34. Adding a requirement for staking of sites sUM. ct to variance requests going to the EVBOA. 35. Appendix D - Modifications that clarify and reconcile some potentially contradictory language for visibility at driveway s and intersections and corrections of spelling from "site" to "sight." 36. Maximum Height Limitation - Revised method of calculating the maximum height limitation on steep.slopes.__ _ PUBLIC COMMENT Bill Van Horn - The revised definition for Arterial Street which now includes "community connectors" such as Fish Creek Road affects his property and others. The additional requirements associated with an arterial street, such as parking and landscaping, are not reasonable for "a community connector." Director Joseph cited a situation where a garage built to the 15-foot setback was a hazard. Mr. Van Horn suggested an additional setback requirement for community connectors rather than designating them as main arterial streets with all the additional requirements. This item was removed to Block 2 for discussion and review by staff. BRADFORD PUBLIS HING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 17, 2001 Page 3 As there was no further comment from the audience, the public hearing on the Code revisions from Block 1 was closed. It was moved and seconded (Amos/Pettyjohn) to recommend acceptance to Town Board and Board of County Commissioners of the amendments to the Estes Valley Development Code, Block 1, with the exception of the definitions of Bed & Breakfast and Arterial Street and to include changes in wording as noted into the record. Motion passed unanimously with two absent. The Commission decided to adjourn the meeting and return to a study session to review the code revisions listed in Block 2. There will be another public hearing in October for those code revisions in Block 2. Meeting was adjourned at 2:19 p.m. Joyce Kitchen, Chair Meribeth Wheatley, Recording Secretary BRADFORD PUBLIS ING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission September 18, 2001, 1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Joyce Kitchen, Commissioners Wendell Amos, DeeDee Hampton, Ed McKinney, Cherie Pettyjohn, Edward Pohl, and Dominick Taddonio Attending: Chair Kitchen, Commissioners Amos, Hampton, Pettyjohn, Pohl, and Taddonio Also Attending: Town Board Liaison Habecker, Town Attorney White, Director Joseph, Planner Shirk, Planner Chilcott and Recording Secretary Wheatley Absent Commissioner McKinney Chair Kitchen called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated August 21, 2001. It was moved and seconded (Amos/Pettyjohn) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. PUBLIC COMMENT None. 3. AMENDED PLAT OF A PART OF LOTS 1, 2, 15 AND 17, BLOCK 10 OF THE TOWN OF ESTES PARK, Applicant: Dennis K. Brown. Director Joseph reviewed the revisions to the staff recommendations from the August 21, 2001 meeting. At the August 21, 2001 meeting, it was disclosed that the adjoining Wands property had problems with their legal access to their property. The Planning Commission was advised that the consideration should be focused on whether or not Mr. Wands' legal rights of access as they have been recorded are adequately represented on the plat. Kerry Prochaska was present to represent the applicant. He assured that the recorded access and utility easements have been shown on the plat. They will add the 10-foot pedestrian easement on the east side of the property. A driveway maintenance agreement with Mr. & Mrs. Wands will be finalized prior to going to Town Board. Public Comment: Kristin Moseley of the law firm Porzak, Browning & Bushong, legal representative for Mr. & Mrs. Wands, advised the agreement with Mr. Brown had not been finalized yet and asked for the condition that a written agreement be required between Mr. Brown and Mr. & Mrs. Wands indicating their approval of the dimensions on the plat in order to preserve the historic access to their property prior to final action by the Town Board. It was moved and seconded (Amos/Pohi) to recommend approval to the Town Board of Trustees of the Amended Plat of a Part of Lots 1, 2, 15 and 17, Block 10 of the Second Amended Plat to the Town of Estes Park with the following conditions, and it passed unanimously with one absent. 1. The applicant shall verify the access as depicted on the plat represents Tract A's legal access prior to final action by the Town Board. 2. Dedication of a 10-foot wide pedestrian easement along the existing foot trail that is adjacent to MacGregor Avenue. 3. Compliance with the requested easements as set forth in the letter from Estes Park Sanitation District dated August 15, 2001. BRADFORD PUSLISHING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 18, 2001 Page 2 4. The Dedication Statement shall be changed by the deletion of the term "outlots" and the addition of the term "private access easement." 5. The ingress, egress, and utility easement shown on the plat shall be changed to private access and utility easements. 6. The water service line(s) shall be shown. 7. A driveway maintenance agreement shall be added to the Plat or recorded on a separate document. If recorded on a separate document, the document shall be submitted to the Town within 30 days of recording. 8. The name of the subdivision shall be changed, and shall comply with Larimer County standards. 9. A written access maintenance agreement between the applicant and Mr. And Mrs. Wands shall be submitted to Staff prior to Town Board action. 4. PRELIMINARY CONDO MAP, LAZY R COTTAGES, PORTIONS OF SECTIONS 26 AND 35, T5N, R73W, Applicant: James Mark Whittlesey Paul Kochevar of Estes Park Surveyors was present representing the applicant. The proposal is to convert 9 existing units to condominium u nits. Item 1 b recommends adjusting the property line. The applicant is only part owner and this amended plat would require all owners to agree. He does not wish to adjust a lot line for a setback requirement. The overhead power lines serve only these cabins and do not need an easement. It is difficultto locate and determine the size of the sewer lines as they have been in the ground for so many years. The applicant feels this is an unreasonable request for the platting process. The sewer lines will be replaced if they are the original clay pipes or found to be inadequate. Water pressure was tested and found to be adequate; however, the water lines have not been located. Director Joseph read and revised the staff recommendations based on Mr. Kochevar's statements. Public Comment: None.Â· It was moved and seconded (Amos/Hampton) to recommend approval to the Town Board of Trustees for the Preliminary Condo Map for Lazy R Cottages with the following conditions, and it passed unanimously with one absent. 1. An amended plat shall be submitted for Tract 14 to clarify that it is one legal lot. 2. The Declaration shall define "accommodations use" and shall use the same definition as the Estes Valley Development Code Section 13.3.6. 3. A note shall be placed on the final condominium plat stating, "Any power lines that need to be moved or upgraded will be done so at the owners' expense." Also to be noted, "It will be the property owners' responsibility to maintain the culvert in the highway right-of- way at the access point on the driveway." 4. The sewer line shall be upgraded to the Upper Thompson Sanitation District's current standards. 5. The preliminary condominium plat shall show the location of water service lines. 6. A drainage plan shall be submitted, by a licensed engineer, which adequately addresses the-existing erosion of-the driveway-on site. _ _ _ 7. The Planning Commission recommends that the Town Board, as the Decision-Making Body, waive the transportation requirements per Section 7.12.H.1.b. 8. An engineer's estimate of the cost of Adequate Public Facilities upgrades shall be submitted. 9. An Improvement Agreement, Guarantee and Warrantee shall be filed with Staff prior to approval of the final plat for the adequate public facilities improvements. 10. All units shall be individually addressed and the addresses shall be physically posted prior to approval of the final condominium plat. 11. A note shall be placed upon the final condominium plat stating, "Approval of this condominium map by the Town of Estes Park does not change or alter the non- conforming status of those units for encroachment into the applicable setbacks." BRADFORD PUB LISHING CO RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 18, 2001 Page 3 12. The preliminary and final condominium map shall show the areas reserved for future expansion and the property owner shall demonstrate compliance with the Floor Area Ratio and Lot Coverage requirements. 13. A maintenance agreement with the neighboring property, Lazy R Cottages, Tract 13, for the non-exclusive access easement shall be prepared and submitted with the application for Planning Commission review of the final condominium map. 14. The non-exclusive access easement will be recorded by separate instrument at the same time the final plat is recorded. 15. The final map shall contain a certification that the map contains all the information required by the Colorado Common Interest Ownership Act. 16. An attorney's certificate that the Lazy R Condominiums East-Owners Association complies with the Colorado Common Interest Ownership Act (Â§38-33.3-101 et seq. C.R.S.) shall be submitted prior to approval of the final plat. 5. PRELIMINARY PLAT, SOLITUDE SUBDIVISION, Applicant: Frederic and Susan Carlson. The Preliminary Plat for Solitude Subdivision is continued to the October 16,2001 meeting at the applicant's request. 6. PRELIMINARY PLAT AND REZONING, GOOD SAMARITAN FIRST AND SECOND ADDITION, Applicant: The Evangelical Lutheran Good Samaritan Society. Marlyn Tande, representative for the applicant, introduced the Good Samaritan team (1400) and gave a resume of their organization. They began their search for property in the Estes Valley 6 years ago. Good Samaritan was founded in 1922 and now has over 240 facilities in 25 states. Early meetings were held with the North End and Hillcrest Estates property owners. Their concerns were considered and incorporated into the master plan. Five additional public meetings have been held. Assisted living is a need in the Estes Valley. People have had to move from here to the Loveland Good Samaritan in order to receive the needed services. Staff housing is also an issue, so the team has worked with the Estes Park Housing Authority to use Lots 3 and 4 of the property for affordable/attainable housing. Shepherd of the Mountains needed a church site so Lot 2 has been set aside forthat. Eight single family lots are along the northern boundary line to buffer and help with view impact to the northern neighbors. Kerry Prochaska of Cornerstone Engineering reviewed the concept plan. After considering several different plans, the four best concept plans were taken to Planning and Public Works for review and the best composite is the one presented today. The Good Samaritan campus will be centrally located on the property with the 8 single family 2-acre lots to the north, 9 ~ acres to the south will be developed by the Estes Park Housing Authority, and 3.8 acres in the southeast corner is reserved as a church site for Shepherd of the Mountains Lutheran Church. On the Good Samaritan campus there will be 23 duplex units, a congregate building and an assisted living building. Sam Betters, Executive Director of the Loveland Housing Authority and the Estes Park Housing Authority, reviewed their plan for the 9.6 acres of Lot 3 and 4. The proposed plan will include 92 units; half will be for affordable home ownership units and half will be attainable rentals. This is one of the last great opportunities to accomplish senior assisted living in Estes Park. In addition, the need for affordable/attainable housing in Estes Park is growing. Costs of housing have increased significantly and wages have not. In the Estes Park community, 30% of wage earners earn less than $22,000 per year. The change in the zoning is significant, but there are more than 6,500 acres in the North End and this comprises less than 1% of the total. This proposal meets some very compelling needs and interests. Exceptions need to be made. The Good Samaritan team is sensitive to the needs of the neighbors and they are here for the long run. They are committed to making the project compatible to existing neighborhoods. Marlyn Tande described how the Good Sam campus would work. The congregate building is core and will house staff, nursing call system, housekeeping services, meal preparation, BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 18, 2001 Page 4 and amenities, such as a pool, beauty shop, etc. By having staff in th~e congregate building, people are able to live more independently in the duplexes and congregate building longer. Services and staff from the surrounding area to help with the services provided will be needed. Kerry Prochaska advised that it had been a team effort. The Good Samaritan people are not developers, but they have a clear vision about community. This proposal fulfills a number of needs in the community. They had several meetings to determine what the community wanted and needed. Twenty-five percent of the population in Estes Park is over the age of 65. Neighborhood meetings were conducted to mitigate concerns with the result that a 50 foot setback was used along the property line adjacent to Hillcrest Estates on the 8 lots to the north. Colors will be kept consistent with the master plan. Mr. Prochaska revealed a photo simulation, which was to scale, of the view from the Hillcrest Estates of the congregate building. Wildlife considerations were taken into account with a migration route provided and limitations on pets. Kerry Prochaska, Marlyn Tande and Sam Betters answered questions from the Commission. Pathways and trails were outlined. The affordable housing will be turned over to the Housing Authority to administer but it was hoped that some of the staff would find housing in this location. When the campus is finished, 20 to 30 people will be employed. Guidelines for attainable housing will follow the fair housing rules and regulations. Mr. Tande reviewed the re4uirements and costs (based on Loveland's facility) to qualify for residency in the Good Samaritan facilities. Sam Betters advised that the Estes Valley Development Code requires that affordable/attainable housing stay affordable for 20 years; however, the Colorado Housing and Finance Authority which will be providing some of the grants has a restriction of 50 years. A concept plan for the affordable housing portion will be available before the development plan is approved for the Good Sam campus. Director Joseph reviewed the staff report and recommendations for the rezoning request. The development plan for the Good Samaritan campus is available for public review in the Community Development Department. There is no development plan yet available for the church or the attainable housing. Staff recommends that the development plan for the church can be deferred as well as that for the Housing Authority. Director Joseph reviewed the code criteria for the zoning request which made reference to the Comprehensive Plan. The special considerations and issues for the North End were delineated and included delivery of utilities, preservation of wetlands, wildlife habitat and native vegetation, as well as maintaining a low-density character. This proposal is contrary to this last goal as it goes from the lowest density to highest density zoning designation. On the other hand, a Community Wide Goal identified in the Comprehensive Plan includes the need for availability of adequate housing. Director Joseph read the staff comments and findings into the record. This proposal combines a specific set circumstances that are unlikely to combine again: elderly and attainable housing supply, adjacent to town limits, with adequate utilities and access. It would serve the needs of existing valley residents: This proposal will serve a compelling ' community-wide need, which supercedes specific neighborhood wants and desires. The concerns of the-North End residents regarding the-need to protect the existing-low-density- character of the land now zoned RE-1 are entirely valid. For this reason it is extremely important that this rezoning request, if approved, should not be used as a precedent for future re-zonings of RE-1 land to allow higher density market-rate residential development that would not be consistent with the Comprehensive Plan. Staff recommends approval of the rezoning in 2 parts: the first for Lots 1, 2 and 5 through 12, the second and separate recommendation is for the Housing Authority's Lots 3 and 4. Â·Add as an additional condition for approval of the first part, the approval by Planning Commission of the submitted development plan for Lot 1 and the approval of a development plan. for a church as described on the Statement of Intent for Lot 2. Public Comment: BRADâ€¢OROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 18, 2001 Page 5 Group representatives were asked to speak first: Chuck Huddleson of Dwyer, Huddleson & Ray, legal representative of the Hillcrest Homeowners Association - spoke in opposition. Terry Parenti, North End Property Owner - spoke in opposition. Patricia Washburn, a pastoral associate at St. Bartholomew's Episcopal Church and the chair of the Senior Concerns Task Force of the Community Resource Coalition - spoke in support. Bob McCreery, 2725 Devils Gulch Road, representing the North End Property Owners Association - spoke in opposition. Rita Kurelja, executive vice president of the Estes Park Board of Realtors - spoke in support. Bill Wyatt of Wyatt & Martell, legal representative for The Reserve and the North End Property Owners Association (zoning attorney) - spoke in opposition. Arthur Becker, retired minister - spoke in support. Dick Brown, President of the Stanley Heights Property Owners Association - spoke in opposition. Greg Burke, President of the Chamber Resort Association - spoke in support. John Gehlhausen, appointed by the president of the Hillcrest Homeowners Association - spoke in opposition. Beverly Todd, reading a letter from Toby Hale - in support of the project. Bill Van Horn, Van Horn Engineering, North End property owner - in opposition. Ned Linegar, chairman of Development Committee at the Senior Center - spoke in support. Judy Haggard, President of the League of Women Voters - spoke in support. John Depoy, president Beaver Drive Homeowners - opposed to rezoning. Larry Bonner, Park School District - spoke in support. Walter Richards, president of the Board of the Senior Center - spoke in support. Betty Becker, member of Shepherd of the Mountains Lutheran Church - spoke in support. Dan Bye, 1263 Broadview, president of the Estes Valley Community Coalition - spoke in support. Phil Edwards, neighboring property owner - spoke in opposition. Mary Bauer, Davis Hill- spoke in support. Ralph Nicholas, 1660 North Ridge Lane - spoke in opposition. Michael Kellum, 1170 Meadow Lane - spoke in support. Judy Lamy, 338 Rock Ridge Road - commented on both sides. BRADFORD iUBLISHINGCO RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 18, 2001 Page 6 Patrick Cipolla - spoke in support. Elaine Hostmark, 1252 Community Drive - asked for the identification of the owners of all adjacent properties. Director Joseph provided the information. Chair Kitchen called for a 5 minute recess. The public hearing was resumed at 4:35 p.m. George Niessen, 901 North Lane - asked if some acreage could be given up from golf course. Beverly Todd, 1352 Mary's Lake Road - spoke in support. John Solomon, 1741North Ridge Lane - spoke in opposition of the Dry Gulch location. Public hearing was closed. Town Attorney White commented that rezoning requests require a development plan which is meant to assist the governing bodies to see the intent for the rezoning. Staff may waive this requirement. Rezoning is a quasi-judicial act recommended by the Planning Commission and acted upon by the Town Board or County Commissioners. Town Board cannot take action on the rezoning until the Development Plans have been submitted. Zoning is not a vested right. Commissioner Amos spoke in support of the proposal. Commissioner Pohl reviewed his concerns for the neighboring properties. Commissioner Hampton gave her reservations about various issues. Commissioner Taddonio expressed his concern to render justice to everyone and asked if there was an alternative. Town Attorney White advised the Planning Commission that the proposal had been heard and a decision should be made before sending it to the Town Board. Commissioner Pettyjohn expressed concern that we do not have a development plan forthe attainable housing before the Commission and wished to have more information before taking a vote. It was moved and seconded (Pohl/Pettyjohn) to table this as the plan is incomplete and requires a development plan for the attainable housing on Lots 3 and 4. Town Attorney White advised that the rezoning could go forward as this was only a recommendation. The Town Board would probably not act upon it until the required development plan had been presented. Commissioner- Pohl_ withdrew- his_motion_based _on _his _misunderstanding_that_a _ _ development plan was required. Commissioner Pettyjohn withdrew her second. It was moved and seconded (Amos/Hampton) to recommend approval of the rezoning of the Good Samaritan First and Second Addition to the Town Board of Trustees with the following conditions. Part I regarding the rezoning from RE-1 Rural Estate to RM Multi-Family Residential on Lots 1 and 2 and approval of rezoning from RE-1 to E-1 for Lots 5 through 12: â€¢ Execution of an annexation agreement with the Town of Estes Park. â€¢ Approval of the subdivision plat. â€¢ Approval by Planning Commission of the Development Plan for Lot 1 and subsequent submittal and approval of a Development Plan for Lot 2. /2\ BRADFORD PUILISHING.0 RECORD OF PROCEEDINGS Estes Valley Planning Commission - September 18, 2001 Page 7 â€¢ Deed restriction of the single family lots to prevent future subdivision. Part Il regarding the rezoning from RE-1 Rural Estate to RM Multi-Family Residential on Lots 3 and 4: â€¢ Submittal and approval of an attainable housing development plan for Lots 3 and 4, consistent with the statement of intent contained in the August 29, 2001 letter from Mr. David Lingle on behalf of the Estes Park Housing Authority. It was a tie vote with Amos, Hampton and Pohl voting "yes", and Kitchen, Pettyjohn and Taddonio voting "no". The rezoning request will proceed to the Town Board without a recommendation from Planning Commission. Meeting was adjourned at 6:05 p.m. Joyce Kitchen, Chair Meribeth Wheatley, Recording Secretary MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Community Development Director -F:4:~1 Date: 10-4-2001 Subject: Ordinance #15-01, Rezoning of Park River West Background: At the previous Town Board meeting a public hearing was held, and the Board approved the rezoning of Park River West from A- Accommodations to RM-Multifamily. This ordinance provides a formal record of this action. This matter is being placed on the consent agenda because it has been fully discussed and a public hearing has been held. Recommendation: Approval ORDINANCE NO. 15-01 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE PARK RIVER WEST WHEREAS, the Estes Valley Planning Commission has recommended rezoning of Park River West from A-Accommodations District to RM-Multi-Family Residential District; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the recommended zoning change be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning for Park River West to the Town of Estes Park, Colorado shall be changed from A-Accommodations District to RM-Multi-Family Residential District. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2001 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk - 1-hereby certify that the above-Ordinance-was-introduced-and-read-at-a regular _ _ meeting of the Board of Trustees on the day of , 2001 and published in a newspaper of general circulation I the Town of Estes Park, Colorado, on the day of , 2001, all as required by the Statutes of the State of Colorado. Town Clerk RESOLUTION TO INTRODUCE BUDGET - NO. 41-01 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND PRESENTING A PRELIMINARY BUDGET FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2002, AND ENDING ON THE LAST DAY OF DECEMBER, 2002. WHEREAS, the Board of Trustees of the Town of Estes Park has appointed Richard D. Widmer, Town Administrator, to prepare and submit a proposed budget to the Governing Body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget will be open for inspection by the public at a designated place, a public hearing will be held on November 13, 2001, and interested taxpayers will be given the opportunity to file or register any objections to the 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: That the attached preliminary budget, as submitted, and summarized by fund, is hereby presented as the budget of the Town of Estes Park, Colorado, for the fiscal year ending December 31, 2002, and that the budget when approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town of Estes Park. ADOPTED this 9th day of October, 2001. Mayor ATTEST: Town Clerk Expenditures For the fiscal year ending December 31, 2002 General Fund $ 10,430,299 Community Reinvestment Fund 8,916,959 Museum Fund 247,117 Conference Center Fund 361,197 Conservation Trust Fund 25,000 Special Events Fund 768,651 Senior Center Fund 203,852 Larimer County Open Space Tax Fund 269,230 Park Entrance Estates Special Improvement District 1,000 Park Entrance Estates Debt Service Fund 11,797 Light & Power Fund 10,217,623 Water Fund 3,128,758 Self-Funded Medical Insurance Fund 278,530 Fleet Maintenance Fund 234,791 Fireman's Pension Fund 94,350 Policemen's Pension Fund 2,566 Totals 35,191,720 Resources For the fiscal year ending December 31, 2002 General Fund from unappropriated surpluses 3,404,815 from sources other than general property tax 11,070,873 from the general property tax levy 226,370 Community Reinvestment Fund 9,199,118 Museum Fund 227,379 Conference Center Fund 286,848 Conservation Trust Fund 24,500 Special Events Fund 737,379 Senior Center Fund 184,888 Larimer County Open Space Tax Fund 249,395 Park Entrance Estates Special Improvement District 75 Park Entrance Estates Debt Service Fund 8,805 Light & Power Fund from unappropriated surpluses 8,838,761 from other revenue sources 8,420,432 Water Fund from unappropriated surpluses 7,734,745 from other revenue sources 2,563,475 Catastrophic Loss Fund 60,000 Self-Funded Medical Insurance Fund 208,400 Fleet Maintenance Fund 205,500 Fireman's Pension Fund 137,745 Policemen's Pension Fund 500 Totals $ 53,790,003 I ' EPURA Memo To: Mayor Baudek and Town Board of Trustees From: Wil Smith L.~ Date: 10/1/2001 \ Re: Intergovernmental Agreement for Land Transfer & Memorandum of Understanding for Fund Transfer Background: The Intergovernmental Agreement for Land Transfer is a follow-up to the discussion in the Town Board meeting of July 24, 2001, in which the Town Board agreed to make the three remaining payments on the Knoll Property, thus freeing EPURA monieh to be spent on EPURA projects. It also addresses transfer of Lot 1 and Lot 3 from EPURA to the Town, thus consolidating ownership of all of the property commonly known as the Knoll/Willows with the Town. The Memorandum of Understanding is a follow-up to the discussion in the Town Board meeting of May 8, 2001, executive session, in which it was agreed that EPURA could borrow from the Light and Power Enterprise fund to purchase a 0.4 acre tract in the West Corridor currently occupied by Bob's Amoco. Budget The three remaining payments on the Knoll Property total $341,678.78, including the July 2001 payment, already made by EPURA. Action: These documents, drafted by the Town Attorney and reviewed by EPURA staff, reflect earlier decisions and agreements. EPURA staff recommends approval of both. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, effective the day of October, 2001, between the ESTES PARK URBAN RENEWAL AUTHORITY, ("EPURA") a body corporate and politic in the State of Colorado, and THE TOWN OF ESTES PARK, COLORADO, (the "Town"), a municipal corporation of the State of Colorado. WHEREAS, EPURA is the owner of certain real property located in the Town of Estes Park, more particularly described as follows: Lots 1 & 3, Stanley Knoll Subdivision of Tract 2, Stanley Addition to the Town of Estes Park, County of Larimer, State of Colorado. WHEREAS, EPURA is the Lessee/Optionee of a Lease/Option to Purchase Agreement dated July 30, 1997, between EPURA and Beefit Corporation (the "Agreement") for property described as follows: Lot 2, Stanley Knoll Subdivision of Tract 2, Stanley Addition to the Town of Estes Park, County of Larimer, State of Colorado. WHEREAS, the Town has agreed to accept assignment of the Agreement from EPURA and upon said assignment reimburse EPURA for the July 2001 annual lease payment made by EPURA under the terms and conditions of the Agreement; and WHEREAS, as further consideration for the acceptance of the assignment of the Agreement by the Town from EPURA and reimbursement of EPURA for the July 2001 lease payment, EPURA has agreed to transfer Lot 1&3of Stanley Knoll Subdivision to the Town of Estes Park; and WHEREAS, the purpose of this Intergovernmental Agreement is to set forth the terms and conditions with regard to the assignment of the Agreement from EPURA to the Town, the reimbursement of the July 2001 annual lease payment, and the transfer of Lots 1&3to the Town; and WHEREAS, pursuant to the applicable Statutes of the State of Colorado, the parties are authorized to enter into this Intergovernmental Agreement for the above stated purposes. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING EPURA AND THE TOWN AGREE AS FOLLOWS: 1. EPURA shall assign its interest in the Agreement to the Town by a good and sufficient assignment document acceptable in form to both parties. Said assignment shall convey EPURA's interest in the Agreement to the Town free and clear of any liens, claims, encumbrances, reservations, covenants and/or conditions except those liens, claims, or encumbrances accepted by Town following review of the title commitment as set forth below. Prior to the assignment EPURA shall provide to the Town the following: A. An updated commitment for title insurance policy in the amount of $975,000.00 to be issued by Larimer County Title Company of Loveland, Colorado. Said title commitment shall provide commitment to insure the Town's assigned interest in the Agreement. EPURA shall pay the title insurance premium for said commitment. In the event the commitment for title insurance indicates that EPURA does not have good and merchantable assignable leasehold in the Agreement, as determined solely by the Town; or indicates outstanding liens against or encumbrances upon Lot 2; restrictions upon Lot 2 or restrictions regarding use thereof; or in the event said commitment or other investigation indicates rights of parties in possession other than EPURA; then the Town may, at its option, void this Agreement; satisfy such liens, restrictions or encumbrances; or acquire the right to possession to its reasonable satisfaction, to effect good and merchantable title, and deduct from the amount to be paid to EPURA the amount of any consideration paid on the account thereof. B. EPURA shall provide to the Town a title insurance commitment for Lots 1 & 3 in the amount of $160,000.00. EPURA shall pay the title insurance premium for said commitment. In the event the commitment for title insurance indicates that EPURA does not have good and merchantable fee simple title to Lots 1 & 3, as determined solely by the Town; or indicates outstanding liens against or encumbrances upon Lots 1 & 3; restrictions upon Lots 1&3or restrictions regarding use thereof; or in the event said commitment or other investigation indicates rights of parties in possession other than EPURA; then the Town may, at its option, void this Agreement; satisfy such liens, restrictions or encumbrances; or acquire the right to possession to its reasonable satisfaction, to effect good and -merchantable titler- - C. After .receipt of the title commitments set forth above, the parties shall mutually agree to a time and place for the closing of the assignment of the Agreement and transfer of Lots 1 &3 from EPURA to the Town. 2 2. At closing EPURA shall deliver to the Town the following documents: A. A good and sufficient assignment of EPURA's interest in the Agreement free and clear of all liens, claims, encumbrances, conditions, covenants, and restrictions, except those specifically agreed to by the Town. B. A good and sufficient special warranty deed transferring Lots 1&3to the Town free and clear of all liens and encumbrances except those specifically agreed to by the Town. C. All surveys and appraisals in EPURA's possession relating to Lots 1, 2, and 3 of Stanley Knoll Subdivision. D. Any other documents necessary to complete and accomplish the obligations of EPURA under the terms and conditions of this Agreement. 3. At closing the Town shall deliver the following to EPURA: A. A Town check in the amount of the July 2001 annual lease payment pursuant to the terms and conditions of the Agreement. B. All documents necessary to complete and accomplish all responsibilities of the Town pursuant to the terms and conditions of this Agreement. 4. EPURA represents and warrants the following to the Town as of the date of this Agreement: A. To EPURA's best knowledge and belief (i) no leak, discharge or other contamination of th6 Lots by a Hazardous Substance (defined below) has occurred during EPURA's ownership of the Lots; (ii) the Lots are free of underground storage tanks as defined by Section 8-20-501 (Il), C.R.S. as amended, or any successor or applicable statute; and (iii) any handling, transportation, storage, treatment or usage of Hazardous Substance that has occurred on the Lots has been compliance with all applicable federal, state, and local laws, regulations and ordinances. "Hazardous Substance" shall mean any hazardous or toxic substances or materials as defined by the Federal Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601, et.seq., the regulations promulgated from time to time thereunder, Environmental Protection Agency and laws of the State of Colorado or any other governmental authority. B. EPURA has not received any notice of, and has no other knowledge or information of, any action, suit, proceeding, or claim affecting the Lots or any portion thereof, pending or threatened in any court or by or before any 3 federal statute, county or municipal department, commission, board, bureau, agency or other governmental instrumentality. C. To the actual knowledge of EPURA, the Lots are free and clear of all mechanic's liens, and no work has been performed or is in process on the Lots, and no materials have been furnished to the Lots or any portion therefore which might result in mechanics' materialmen's or any other liens against the Lots or any portion thereof. D. EPURA is the sole owner of good and marketable fee simple title to Lots 1& 3 and the Lots are free and clear of all liens, claims, encumbrances and claims of third parties except those reservations, easements, rights- of-way set forth in Transamerica Title Policy No. 6505869. E. During the term of this Agreement, EPURA shall not pledge, mortgage, soll, lease, transfer, exchange or convey any interest of any nature whatsoever in the Lots to any other party except by written approval of the Town. The above representations and warranties shall also be current and in force at the date of closing and shall survive the closing of the transfer of the assignment of the Agreement and transfer of title to Lots 1 &3as more fully set forth in this Agreement. 5. Termination bv the Parties for Default. Either party shall have the option of terminating this Agreement in the event of default by the other party to the terms and conditions of this Agreement. The non-defaulting party shall give written notice of the default, specifying the nature of the default and giving the defaulting party thirty (30) days to cure the same. In the event that the default is not cured within the thirty (30) day period, the non-defaulting party shall be entitled to actual costs and expenses incurred by reason of said default, including, but not limited to all reasonable attorneys' fees, and court costs incurred by the non-defaulting party. Where a party elects to terminate this Agreement following the giving of notice and failure to cure, termination is effective upon the giving of written notice to the defaulting party. 6. Notices. All notices, demands or other documents required or desired to be given, made or sent to the parties under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested as follows: TOWN OF ESTES PARK Town of Estes Park Attn. Town Administrator Post Office Box 1200 Estes Park, CO 80517 4 ESTES PARK URBAN RENEWAL AUTHORITY Attn: Executive Director Post Office Box 1200 Estes Park, CO 80517 7. Entire Aareement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 8. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 9. Parties Bound. This Agreement shall bind the respective successors and assigns of the parties hereto. 10. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 11. Assignment. This Agreement may not be assigned by either party hereto without the written consent of the other party. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ESTES PARK URBAN RENEWAL AUTHORITY ,1 Br. f.?,44-*1-f) 5 - fr-ZE~ Chairman 0 ATTEST: 040 Lab:A Secretar# 5 MEMORANDUM OF UNDERSTANDING CONCERNING AUTHORIZATION OF THE TOWN OF ESTES PARK TO TRANSFER CERTAIN FUNDS TO THE ESTES PARK URBAN RENEWAL AUTHORITY THIS MEMORANDUM OF UNDERSTANDING, entered into this day of , 2001, by and between THE TOWN OF ESTES PARK, COLORADO, a Municipal Corporation ("Town"), and THE ESTES PARK URBAN RENEWAL AUTHORITY, a Colorado Urban Renewal Authority, a body corporate and politic of the State of Colorado ("EPURA"). WHEREAS, EPURA is charged with making physical improvements which enhance the Town and further the economic health of the business community; and WHEREAS, the current highest priority of EPURA, reflecting the goals of the Town, is to proceed with the extension of the Riverwalk theme westward from east of Moraine Avenue to the vicinity of West Park Center, generally following the Fall River; and WHEREAS, the opportunity has arisen to acquire the Bob's Amoco parcel, a legal non-conforming use, and redevelop it for a higher and better use, to the benefit of the Town and the business community; and WHEREAS, EPURA and its development consultants are searching for the best user of this property, which may or may not be accomplished prior to the agreed upon time of closing, which is the first week of January, 2002; and WHEREAS, EPURA will be obligated to close on the property during the first week of January, 2002, and pay the agreed upon price to the seller. THEREFORE, in consideration of the foregoing, the Town and EPURA agree as follows: In the event a new user has not been found by the agreed upon closing date, the Town agrees to make available to EPURA from the Light and Power Enterprise Fund the amount of funds necessary to complete this transaction. EPURA shall reimburse these monies upon the sale of the property to a new user or on or before December 31, 2002, whichever is earlier. Said reimbursement shall include all foregone interest income which the Light and Power Enterprise Fund would have received during the period of time that the funds have been transferred to EPURA. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ' ESTES PARK URBAN RENEWAL AUTHORITY Rid_# r.~3 Chairman , ATTESTA L 1,@J L.dz_ A i /2 Secretary MEMORANDUM To: Honorable Mayor Baudek and Board ofTrustees From: Bob Joseph, Community Development Director Â·,~2:*~B Date:10-4-2001 Subject: Ordinance #13-01, Rezoning of Habitat Subdivision, and approval of the Final Plat. Background: At a previous Town Board meeting this Final Plat was approved, however, staff overlooked the need for the rezoning of theproperty prior to that approval. Therefore, this action now must be revisited. Due to the delay caused by staff mistake, it is recommended that the rezoning be enacted as an emergency provision to be effective immediately. A public hearing must be held for the rezoning action. This is a rezoning request ( R-2 to R-1 ) and a final subdivision plat to create four new 6,000 s.f. to 7,000 s.f. single family lots to be restricted for attainable housing per section 11.4 of the EVDC. The property is located north of Community Drive in the Bonnie Brea Sub. R-1 Single-Family Residential Zoning District. This district is established to provide opportunities for attainable single-family residential development within the Town of Estes Park and in close proximity to services. Accordingly, district regulations will allow densities of up to eight (8) dwelling units per acre, with a minimum lot area of five thousand (5,000) square feet, subject to the attainable housing limitations in Â§11.4.C of this Code. Owner-Occupied Attainable Housing. Housing that is attainable to households earning no more than eighty percent (80%) of the median income for Larimer County and who pay no more than thirty percent (30%) of their total income on housing costs. Deed Restriction Required. Attainable housing units developed pursuant to this Section shall be deed-restricted to assure the availability of the unit for sale or rent to persons meeting the income guidelines and definition set forth in Â§11.4.C above, for a period of time no less than twenty (20) years. The mechanism used to restrict the unit shall be approved by the Town or County Attorney. Recommendation: The Planning Commission has voted to recommend approval o f both the rezoning and the subdivision. The deed restrictions will be recorded as the lots are sold. ORDINANCE NO. 13-01 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE THE HABITAT SUBDIVISION WHEREAS, the Estes Valley Planning Commission has recommended rezoning of the Habitat Subdivision from R-2 Two-Family Residential Zoning District to R-1 Single-Family Residential Zoning District; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the recommended zoning change be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning for the Habitat Subdivision to the Town of Estes Park, Colorado shall be changed from R-2 Two-Family Residential District to R-1 Single-Family Residential Zoning District. Section 2: The adoption of this Ordinance is hereby determined to be an emergency in order to immediately allow for the development of the Property; and WHEREAS, in the opinion of the Board of Trustees an emergency exists, this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2001 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2001 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 2001, all as required by the Statutes of the State of Colorado. Town Clerk Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees From: Town Clerk O'Connor V tu, Date: October 2, 2001 Re: DEER RIDGE, INC., dba National Park Village South (Country Supermarket) LIQUOR VIOLATION Background On October 2, 2001, Chief Richardson and I met with Scott Webermeier, owner of the Country Supermarket, and Pam Greene, Manager. We explained the allegations made by the Police Department that set forth the need or a Show Cause Hearing (case documents attached). As authorized by the Town Board, we also explained the Stipulation and Agreement. Pursuant to Mr. Webermeiefs request, I have also attached a copy of the Country Supermarket's Alcohol and Tobacco Policy that was executed by their employee Frank Celebre, Jr. Budget N/A Action As authorized by the Town Board, staff is recommending a standard 21-day suspension, with an actual time served of 7 days from 12:01 a.m. Thursday, October 11'h through 11:59 pm Wednesday, October 17th. This recommendation is consistent with prior suspensions imposed on other liquor licensees on a first offense "sale to an underage person" violation. 1 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: DEER RIDGE, INC. dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPERMARKET) 900 MORAINE AVE. ESTES PARK, COLORADO 80517 3.2% RETAIL BEER LICENSE, OFF PREMISES LICENSE NO. 03-02531-0003 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and DEER RIDGE, INC., dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPERMARKET), 900 MORAINE AVE., ESTES PARK, CO 80517, 3.2% RETAIL BEER LICENSE, OFF PREMISES, LICENSE NO. 03- 02531-0003, ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone: D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to: (a) a 21-day suspension, with an actual time served of 7 days of its 3.2% Retail Beer License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's 3.2% Retail Beer License to take place as follows: From 12:01 a.m. Thursday, October 11, 2001 through 11:59 p.m. Wednesday, October 17, 2001. (b) The Licensee and Licensee's permanent employees (as determined by the Licensee) are required to attend certified T. I.P.S. Training (Training for the Intervention Procedures by Servers of Alcohol) within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified T. I.P.S. Training shall train their remaining employees within 12 months from the date of the Finding and Order of Suspension. (c) The 14 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's 3.2% Retail Beer License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed, to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. -Thebersons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this =2 71 day of ~648Â£6~ , 2001. DEER RIDGE, I'l~. o A _~r .,i eajÂ»~Â»343 Title: C~g,4315/611 ~A~GJJ~ TOWN OF ESTES PARK Estes Park Police,Department zszum==liealLRichad#on, Chief 3~31Â«, Â© dA~,JA~ Vickie O'Connor, Town Clerk . t. /0/401 THE COUNTRY SUPER MARKET ALCOHOL AND TOBACCO POLICY TI-IE LEGAL AGE FOR TOBACCO PURCHASES IS 18 YEAR OF AGE TI-IE LEGAL AGE FOR ALCOHOL PURCHASES IS 21 YEARS OF AGE I . There are specific state und federal penalties, including court appearances, fines and loss of operating licei ises, which can'be applied to both you as the seller and The County Supermarket for failure to comply with these age restrictions. Your attention to these policies will help assure both our compliance and well-being. ACCEPTABLE FORMS OF ID: DRIVERS LICENSE WITH PICTURE STATE ID CARD WITH PICTURE MILITARY ID CARD WITH PICTURE Cashiers selling alcohol or tobacco products bear the responsibility to verify the age of persons purchasing these products. Be sure that you are aware of the appropriate birth dale and year for compliance. It is often very difficult to judge the age just by lookiog at the person employees of the COUNTRY SUPER MARKET MUST follow this procedure. The cashier musl ask for and closely examine legal identification of all persons purchasing alcohol or tobacco. EXCEPT 1.) Those persons whom the cashier has already known to be of age 2.) Persons who are obviously at least 40 years of age. Verify the customers age before beginning to ring up the purchase. I f the customer does not present a valid ID after your request, please be polite but do not sell them alcohol or tobacco. If the customer disputes your decision call a manager or another cashier for assistance. A manager or another cashier may verify the age of someone they know. The verifying manager or cashier than assumes the responsibility for this sale. , I have read and fully understand this policy. ~004 iA (l/y4- b 4//1 foo /Eftiploveetionature Dite 0 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: DEER RIDGE, INC. dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPERMARKET) 900 MORAINE AVE. ESTES PARK, COLORADO 80517 3.2% RETAIL BEER LICENSE, OFF PREMISES LICENSE NO. 03-02531-0003 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and DEER RIDGE, INC., hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on September 11, 2001. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the 3.2% Retail Beer License issued to DEER RIDGE, INC., dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPERMARKET), 900 MORAINE AVE., LICENSE NO. 03-02531-0003 be and hereby is suspended for a period of SEVEN (7) DAYS, commencing at 12:01 a.m., Thursday, October 11, 2001 through 11:59 p.m. Wednesday, October 17, 2001. DATED this 9~ day of October ,2001. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Administration Department Memo To: Honorable Mayo~audek and Board of Trustees From: Rich Widmer lk,<..000-0-0' Town Administra~or Date: Septemb~0~2601 r Subject: Town Board Room Remodel Project Background. Funds are included in the 2001/2002 Town Budget for the design and construction of a new Town Board/Community Meeting Room in the old Fire Station space. This space is now underutilized as a police garage. In May 2001, the Town hired the design/build team of Thorp Associates, P.C. and R.C. Heath Construction Co. A Project Team composed of Mayor Baudek, Town Clerk O'Connor, Public Works Director Linnane, Greg Sievers, Shawn Kraft, and me have worked with Thorp/Heath to produce a preliminary design and cost estimate for this project. Mr. Thorp will present the attached plan in detail at the Town Board meeting. A final decision does not have to be made on this project tonight. We will place the project on the October 9 Town Board meeting as an action item. The reason for considering this project is that, in staffs opinion, the present Town Board room has outlived its usefulness, is in need of significant upgrading, and the present location is unsuitable for remodeling. It was also determined during the budget process last fall that it is unlikely the Municipal Building will be relocated in the foreseeable future, therefore making it likely we will need to remodel certain portions of the building. Funds were also budgeted to air condition the first floor, remodel the dispatch area on the second floor, and add some security features. The Municipal Building was opened in 1974 following extensive remodeling of the existing 1930s era school building. The Board Room was state-of-the art for 1974; however, time and modern audio- visual demands have made it virtually obsolete. We have upgraded the microphone system and installed new audio-visual devices over the years, with less than satisfactory results. The present room seats about 75 in a maximum seating configuration. There have been many times when, due to a public hearing or other public meeting, seating was necessary for more, and people had to stand in the hallway. Staff considered the possible remodeling of the room; however, several factors make that impractical. First is the size of the room. At 1,265 square feet including the board annex room, it simply is not large enough without moving the south wall out. This would be very expensive, and would completely change the exterior architecture and impact the transit center area. There is no other way to practically enlarge the room area. Secondly, the ceiling is too low for modern audio- visual devices and good visibility. Removal of the floor to create any slope would be difficult and expensive, as a large utility corridor circles the entire building under the floor. For these reasons, we settled on use of the old fire station space. As Mr. Thorn will explain in detail, the new room, at 2,320 square feet, is a state-of-the-present-art Community/Town Board Room in every way. Some of the interesting features include extensive audio-visual equipment that will allow remote control of the 2-camera permanently mounted cable TV system from a remote control room. Seating is provided for 54 fixed seats and at least 60 stackable seats. Movable walls allow usage of the room by a variety of community groups. A document camera in the ceiling will broadcast plats or maps directly onto the large screen behind the Town Board table and directly onto cable TV. An assistive listening system is provided for those needing hearing assistance. The podium is motorized to be vertically adjustable for the height of the user. Each Town Board member will have his own computer and monitor to instantly see what is displayed on the screen behind him and what is going out over cable TV. The voting system will be similar to the existing light system. A TV monitor is provided in the lobby/overflow area so people may see what is going on without actually being in the room, if they desire. Two interior sketches are also attached. Interior materials will include use of warm wood and veneer paneling and wainscot. Some moss rock veneer and timber beams will be used, and upholstered seating will be provided. The existing west entrance to the Police wing will be enclosed, creating a bold architectural feature on the MacGregor Avenue side of the building. Lots of glass will create a warm, inviting lobby area, with a space available for light food service for meetings and other events. Total size of the remodel area is 3,761 square feet. In summary, staff believes the project is an exciting opportunity to provide a much-needed improvement to the Municipal Building that will benefit all users for many years to come. Budget The 2001/2002 Budget includes $35,000 fordesign in 2001 and $330,000 for construction in 2002, for a total of $365,000. The preliminary cost estimate, including 8% contingency and All design costs, is $751,281, all to be budgeted for 2001. This includes a cost saving of approximately $25,000 if we begin construction this fall, when Heath is constructing the Library addition. Adequate funds are available to complete this project as estimated. Action No action is necessary at this time. We will put this item on the October 9, 2001, Town Board agenda for your consideration. J,1 â€¢ Page 2 r :- 1 cr- * ~IJ â€¢ m Cl MOC~ ~ - m - 1 r-~_L- r t.-u 11 -- :-IFF -3 0 111.... ...0 It. C 01 2 .6 b L _1...- =L Â· Â· -rit-*%4---- C 1--- - 1 04 -4 -O 1: 1 -24 1, \ *5 Ul Ul 0Â£___~ ~6- u.lokill 0 1Â·Â·Â·r k ... FIR+3 /4% Cj....... r-7~ 4-~1Â£1 1.1 3 1112 ~ CI-Fb~-In, CI Ng J'J~lY *Li Clf/.It-I+J criaLâ‚¬>A.r-1 Lâ‚¬I#23<1 Ecrec T.3 1. -- frry,ry.~1 L A 1 1 1 10 L-J ty LL11_113 4 11 F If F 11 I 1 1:.mA:.1 Â« rrnnrn .6 C]CJC][3[30 r-rr-rrn i rrnrrn - 21% E 1 ~. * Fri-7-rn F Â· 5 ..' - - 51 0 0 *-u In <-f.<.<7<1., 41UuH11.w C 4- 0 0 - rw-__ E C -1 0 1.Li __ Â· ~ CO ~ - - C g al . .3 11 7-J - Â·6 c 0 2.9 col C 0 0 Qui 09 ~ac~n~ %g8 un tn 1- .ti :t: Z ~ 2 0- 20 1009 ~ m f 'a /92..fi,- ..r..' a /,00Â·1~rc II . C 4 4 .A .I U; U, - - O.00 -0 01 0 Al B N - m(NI- Cu, m + 01 - 2 CD 0-1.,-31 30 3 (D C tz It '- 0 X UJ 6 9; f 4 /6 4 - - N .4 f % E 2-8 7 3 4 Et 6 (D '5 04 2 U - -ab 532>:8 ->U 0 0 Z 2 2 23 CL Z . ,- Remodel Existing Offices lu JILIOSULIUM UOT] On.I]SUOD 'IlluoH *31[ / Sloo]!LID.IV "2)*d solupossv d.rou IOOZ 'Z JOquIoldos H13ON ,9 L ,8 .Â·' Existing Â® u-BId JO~I:1 3,761 s.f. dVW 3COD U!Du]03 01 Â». C 4 . ct, 6 b 4 0 y kt 1 9,8 5 9 I~ -9 -p l 4- -42 I 33 1 h cdc 1 I L IX> 44' 1 1 3 ZI i 2 Z MÂ« - -E & Dir â‚¬*411 & a . 3&-4 -1 1 k-N 1 . . . ~ \A . O -te e *N -0 -5 b tta 4 1 1 -f i ,. ... ./ C I ..: \ 1 U . -0 *. I 0 Ad ~,1,?t>~6 E O ':. i.Â·-i'.d~Â· 0 IPÂ©UÂ»;g . ~ Ad .....441 u 3. mai Cd 0 m 2414 I-' U $-1 -2 U3 11. C 1 L a- t ... +.38 i . N . ~,1 -4 - % a 3-1 4 -3 7 2 4 E E M 9) 43.2 Â£ -062 34- 4 I - 613% A' Aspkalt Sh/r,ye 5 (23 Fasc; 4 Xpnls 19}OBJE JUOUIDSBUBIN UOIDnliSUOD ll]UOH 'D"H / SJOUUUId puu 51)03!11 NV 'Dd . JU!30SSV l[JO~ %1 f).-,h {C' Ff 12:t,(r, pe.6 69 7-AM':,8,ms. A PNOOAS 7-Â«-Ill ff C It- 13.*E - 2-t 1 lai::- -. .112 fried 0 2 4/7-1 _9=i *i Â·4tiD ---- nat --7 E 0 CE (D - 12 U I- D -1 el 1) 114 uolloos SurPIIng kij i 9 0 6 2 -V E~ -tii 0- e E X 44 C 4 - 0 ,\\. 1 i . D 0 \W 9 li 1, - .0 U 11. C ti Â£ 1 6 . 4 1. 8-- LC Â·03 Cil ' got,4 Surface 1.p 4 Sues/5 44&/16 ppOLIJoy UTOOy Pleog Ied!)!unIN >PEd solsE[ JUDILIONBUBIN UO!]onjiSUOD 'q:IEOH D"H/ 51)011411Â¥ "3'd so:tupossÂ¥ djoili 4,101 r tar U)4 w. - eggl qupluni<Kl apt*g- 1, & E , le. I - I ta 15 Â· TÂ· Mm 1 1 v a Â£ c- 6 . .,1 .m= . /1 . I I 1.L *2 1 1. 1 -*L j E2/ *Mi 1 11 , -1 . C Ul, .. .. A./ 1 I . . fZ - 1. .SE 4 2 1 b'.2 Ix ~Â®Suled) P.1909 StesS Ft.AD+9194n - I OPFI~u]41TJ~I~!ofugi 41&?li~ ~\ 1,~ 11 JUOLUO#213UUM UO!101111SUO) 'tpliOH '3'ZI / SlialjtplÂ¥ "3'd soll:possv dioqi IOOZ 'L Joqiuoidos L OCT-09-2001 TUE 01:48 PM FAX NO, P, 02 R C HEATH CONSTRUCTION CO. IHEATH FORiCOLLINS(0 80512 (.0.1.) P O DRAWER 11 Â· 141 RACQUETTE DR. (470)221-410 3 FAX (910)221-2907 FÂ« 40Â» CONSTRUCTION MANAGEMENT Preliminary GMP Cost Estimate October 9,2001 Estes Puk Municipal Building Remodel Architect. 1-horp Associates / Roger Thorp AIA to accommodate o TOWN BOARD & PUBLIC-USERS MEETING ROOM Approximate: 3.200 SF Building Renovation (80' x 40') Construccion ScheduleÂ· November 26, 2001 - March 22, 2002 (17 Wccks) _Spec Description Equip P.M. ST&S Laboy 1&T Suh Total 02070 Dcmolition 3,225 0 566 4,859 1,798 2.933 13.379 02070 DeWatering 300 0 34 225 83 0 642 02200 Earthwork/Site Demo ' 0 0 0 0 0 9,500 9,500 02514 Sitc Concrete 0 075 0 0 0 2.450 4.325 02900 Landscaping/Irfigation O 0 0 0 0 0 0 By Owner 03100 Concrete Accessoria 0 333 23 180 67 0 603 03200 Concrete Reinforcement. 0 837 47 474 175 0 1.533 03250 Concrete Pumping 0 0 0 0 0 750 750 03300 CIP Concrete 300 850 220 732 271 0 2,373 03304 Concrete Finish & Saw 1,400 6,069 249 808 299 4.638 13,463 04400 Stoncwork 00000 21,390 21,390 05100 Stfuclural Steel 0 0 0 0 0 12,100 12,100 05100 Misc Stccl 0 5.445 180 1,200 444 0 7,269 06100 Rough Carpentry 1,750 15,522 360 3,427 1,268 0 32,327 06200 finish Cirpentry 0 13.291 625 4,076 1,508 0 19,SOO 06200 Bronze Plague 0 3,982 0 0 0 440 4,422 06400 Custom Casework 0 0 0+ 0 0 22,913 22,913 07210 Building Insulation 0 0 0 0 0 LISO 1.150 07241 Stucco 0 0 0 0 0 4,500 4,300 07300 Asphalt Shingle Roofing 0 0 0 0 0 1,500 1,500 07310 OSSM 0 0 0 0 0 1,125 1.125 07900 Joint Scalcrs 0 0 0 0 0 800 800 08100 Doors and Framcs 0 2,835 54 360 133 0 3,382 08400 Storefron(/Glass & Glazing 0 300 4 25 9 14,140 14.478 08700 Hardware 0 2,020 80 402 140 0 2,660 09260 Gypsum Systems 0 0 0 0 0 30,667 30,667 09300 flooring 0 0 0 0 0 10,254 10,254 09510 Acoustical Ccilings 0 0 0 0 0 5,390 5,]90 09550 Acoustical Wall Treatment 0 0 0 0 0 2,700 2,700 09900 Puirl 0 0 0 0 0 I 2,300 12.300 10400 Identifying Devices 0 400 23 ISO 56 0 628 10600 Operable Partitions 0 0 0 0 0 20,500 20.500 11900 Audio Visual Eqâ€ž,pment 0 0 0 0 0 194,806 194,806 David L. Adams 12300 Window Tfcatmants 0 0 0 0 0 1,200 1,200 12700 Fixed & Stackable Seating 0 0 0 0 0 15,000 15,000 15J00 Fire Prolection Swems 0 0 0 0 0 6,400 6,400 15400 Plumbing/Gu Piping 0 0 0 0 0 7,500 7,500 15500 HVAC 0 0 0 0 0 57,200 57,200 16000 Electrical 0 0 0 0 0 59,400 59,400 SUBTOTAL 6,975 53,?68 2,464 I6917 6,259 523,646 6!0,029 GENERAL CONDITIONS 1.630 0 6,047 14,975 4,493 855 28,000 'Per Propose' TOTAL DIRECT COSTS 8,605 53.768 8.511 JI.B92 10,752 524,501 638.029 PROJECT DESIGN & CONSTRUCTION CONTBIGENCY (5%) 31,901 Hewth Con9Â·truclion 'MARGIN/OVERHEAD' 27,500 'Per Proposul' TOTAL UPDATED PRELIMINARY CONSTRUCTION BUDGET ESTIMATE 697.430 Prolricional Derien Dcvelopment Congtiltant< PHASE 1 - CONCF.PTUAL DESIGN & COST ESIMATING Programming & Preliminary Debgn 20,670 'Per Propocal' Systems Input & Cost Es,imating 2,000 'Per Proposal' PHASE 11 - FINAI. DESIGN ...,........,..................., .... 46.210 'Per Proposal TOTAL UPDATED DESIGN & CONSTRUCTION BUDCET 766.310 wÂ»,HEATHCONSTRUCTION coM Administration Department Memo To: Honorable May~~audek and Board of Trustees From: Rich Widmer 1,4<*004 Town Administra~r Date: Septembt.5.001 Subject: Town Board Room Remodel Project Background. Funds are included in the 2001/2002 Town Budget for the design and construction of a new Town Board/Community Meeting Room in the old Fire Station space. This space is now underutilized as a police garage. In May 2001, the Town hired the design/build team of Thorp Associates, P.C. and R.C. Heath Construction Co. A Project Team composed of Mayor Baudek, Town Clerk O'Connor, Public Works Director Linnane, Greg Sievers, Shawn Kraft, and me have worked with Thorp/Heath to produce a preliminary design and cost estimate for this project. Mr. Thorn will present the attached plan in detail at the Town Board meeting. A final decision does not have to be made on this project tonight. We will place the project on the October 9 Town Board meeting as an action item. The reason for considering this project is that, in staffs opinion, the present Town Board room has outlived its usefulness, is in need of significant upgrading, and the present location is unsuitable for remodeling. It was also determined during the budget process last fall that it is unlikely the Municipal Building will be relocated in the foreseeable future, therefore making it likely we will need to remodel certain portions of the building. Funds were also budgeted to air condition the first floor, remodel the dispatch area on the second floor, and add some security features. The Municipal Building was opened in 1974 following extensive remodeling of the existing 1930s era school building. The Board Room was state-of-the art for 1974; however, time and modern audio- visual demands have made it virtually obsolete. We have upgraded the microphone system and installed new audio-visual devices over the years, with less than satisfactory results. The present room seats about 75 in a maximum seating configuration. There have been many times when, due to a public hearing or other public meeting, seating was necessary for more, and people had to stand in the hallway. Staff considered the possible remodeling of 'the room; however, several factors make that impractical. First is the size of the room. At 1,265 square feet including the board annex room, it simply is not large enough without moving the south wall out. This would be very expensive, and would completely change the exterior architecture and impact the transit center area. There is no other way to practically enlarge the room area. Secondly, the ceiling is too low for modern audio- visual devices and good visibility. Removal of the floor to create any slope would be difficult and expensive, as a large utility corridor circles the entire building under the floor. For these reasons, we settled on use of the old fire station space. As Mr. Thorn will explain in detail, the new room, at 2,320 square feet, is a state-of-the-present-art Community/Town Board Room in every way. Some of the interesting features include extensive audio-visual equipment that will allow remote control of the 2-camera permanently mounted cable TV system from a remote control room. Seating is provided for 54 fixed seats and at least 60 stackable seats. Movable walls allow usage of the room by a variety of community groups. A document camera in the ceiling will broadcast plats or maps directly onto the large screen behind the Town Board table and directly onto cable TV. An assistive listening system is provided for those needing hearing assistance. The podium is motorized to be vertically adjustable for the height of the user. Each Town Board member will have his own computer and monitor to instantly see what is displayed on the screen behind him and what is going out over cable TV. The voting system will be similar to the existing light system. A TV monitor is provided in the lobby/overflow area so people may see what is going on without actually being in the room, if they desire. Two interior sketches are also attached. Interior materials will include use of warm wood and veneer paneling and wainscot. Some moss rock veneer and timber beams will be used, and upholstered seating will be provided. The existing west entrance to the Police wing will be enclosed, creating a bold architectural feature on the MacGregor Avenue side of the building. Lots of glass will create a warm, inviting lobby area, with a space available for light food service for meetings and other events. Total size of the remodel area is 3,761 square feet. In summary, staff believes the project is an exciting opportunity to provide a much-needed improvement to the Municipal Building that will benefit all users for many years to come. Budget The 2001/2002 Budget includes $35,000 for design in 2001 and $330,000 for construction in 2002, for a total of $365,000. The preliminary cost estimate, including 8% contingency and all design costs, is $751,281, all to be budgeted for 2001. This includes a cost saving of approximately $25,000 if we begin construction this fall, when Heath is constructing the Library addition. Adequate funds are available to complete this project as estimated. Action No action is necessary at this time. We will put this item on the October 9, 2001, Town Board agenda for your consideration. â€¢ Page 2 o .1 C =M= -7 8 21 - 1.. 1.... ...1 1 r_ Li f f 11 ---LIWLI ubal.Im ~m_ C C 3 1... - ..10 It. .-IJ...- ,=. 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