HomeMy WebLinkAboutPACKET Town Board 2003-02-11Prepared 02/06/03 The Mieeion of the Town of Estes Fark le to plan and provide reliable, high-value services for our citizens,* visitors, and employees. We take 0reat pride eneurin0 and enhancinG the tuality of life in our community by Deirte dood etewhrole of public reeources and natural settind. mi:-02 BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 11, 2003 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated January 28,2003. 2. Bills. 3. Committee Minutes: A. Community Development, February 6,2003. 4. Estes Valley Board of Adjustment, January 7, and February 4, 2003 (acknowledgement only). 5. Estes Valley Planning Commission, January 21, 2003 (acknowledgement only). 6. Organizational Chart: Re-organization of Light and Power/Public Works Departments. l A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. FINAL CONDOMINIUM MAPS: A. Park River West Condominiums, Supplemental Condominium Map VII, Lots 1 and 2, Park River West Subdivision, Richard H. Wille TrusVApplicant. 1 Continued on reverse side
2. ACTION ITEMS: 1. RESOLUTION #3-03 - RE-APPROPRIATION OF 2002 ENCUMBERED FUNDS TO THE 2003 BUDGET. Finance Officer Brandjord. 2. ORDINANCE #5-03 - WINDY GAP WATER TRANSFER - SUPERIOR METROPOLITAN DISTRICT NO. 1. Town Attorney White. 3. NORTHERN COLORADO WATER CONSERVANCY DISTRICT: (1) RESOLUTION #4-03, and (2) ORDINANCE #6-03 - PERPETUAL WATER CONTRACT FOR TOWN'S 211 WINDY GAP UNITS. Town Attorney White. 4. ORDINANCE #7-03 - AMENDING CHAPTER 2.08 STANDING COMMITTEES. Town Administrator Widmer. 5. APPOINTMENTS. Mayor Baudek. A. ADVERTISING COMMITTEE. Jeff Barker, Deeva Boleman, Jerry Donner, Kyle Patterson, Rob Pieper, and Town Staff Members: Randy Repola, Tom Pickering, Peter Marsh, and Linda Hinze. One-year terms, expiring 2/11/04. B. PLATTE RIVER POWER AUTHORITY BOARD OF DIRECTORS. BILL LINNANE, term expiring 12/31/03 (Replacing Richard Matzke). 6. TOWN ADMINISTRATOR'S REPORT. 7. ADJOURN. , NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2
Town of Estes Park, Larimer County, Colorado, January 28,2003 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 28th day of January, 2003. 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: Rich Widmer, Town Administrator Rebecca van Deutekom, Deputy Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker commented on a recent newspaper article pertaining to Larimer County and guns in the workplace. Town Administrator Widmer reported that the County have adopted a policy addressing workplace violence, where guns in the workplace are not allowed. Additionally, other questions/comments could be addressed at a joint meeting with the County Commissioners scheduled February 25,2003. Mayor Baudek commented on a recent CML Newsletter pertaining to the Federal Juvenile Justice and Delinquency Prevention Act, where Estes Park was cited among 39 cities that were 100% compliant with the core requirements. Mayor Baudek commented on the Highway Corridor Design Standards issue, requesting the Town Board reconsider their decision of January 14, 2003 whereby said standards were not approved. Discussion followed with a suggestion that perhaps a committee, comprised of property owners, submit alternatives for addressing adopting such an ordinance. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated January 14, 2003. 2. Bills. 3. Committee Minutes:
Board of Trustees - January 28,2003 - Page 2 A. Public Works, January 16, 2003: 1. Water Dept. Financial Plan & Rate Study, Black & Veatch Scope of Services, $25,000. 2. Fish Creek Pedestrian Trail, Cornerstone Engineering Scope of Services, $37,200 3. Fall River Trail Design & Construction Management, Cornerstone Engineering Scope of Services, $16,234. 4. Federal Storm Water Discharge Permit Regulations Report, Cornerstone Engineering Scope of Services, $11,900. 5. 2002 Water Looping Project Change Order, $6,191.58. B. Public Safety, January 22,2003: 1. Estes Valley Victim Advocates Contract for Services, $5,000. 2. Animal Medical Center Contract for Services (Impound), $7,206. It was moved and seconded (Doylen/Gillette) the consent agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. PUBLIC WORKS COMMITTEE ACTION ITEMS: (A) ORDINANCE #3-03 WATER TAP FEE INCREASE. Public Works Director Linnane introduced John Gallagher/Black & Veatch (Town water consultant) who briefed the Trustees on the 2003 Water Rights Fee Study as prepared by Black & Veatch and presented to the Public Works Committee 1/16/03. The tap fee portion of the water rights fee schedule has not been changed in more than 15 years, when the CBT market value was approximately $2,000. The current CBT market value is $12,500. In particular, the Public Works Committee recommended adjusting the water rights portion of the tap fee from $2,000 to $5,400 for a single-family residence, thus, the current total tap fee would be increased from $3,840 to $7,240/single-family residence. Town Attorney White read the Ordinance, and, following discussion, it was moved and seconded (Newsom/Barker) Ordinance #3-03 be approved, and it passed unanimously. (B) RESOLUTION #2-03 URBAN AREA BOUNDARY MAP. Director Linnane reported that CDOT requires that municipalities revise, if necessary,. their Urban Area Boundary (UAB) map and, if revised, that a resolution be adopted adjusting the UAB. Town Attorney White read the Resolution, and it was moved and seconded (Barker/Doylen) Resolution #2-03 be approved, and it passed unanimously. 2. PUBLIC SAFETY COMMITTEE ACTION ITEM: (A) ORDINANCE 4-03 AMENDING THE MODEL TRAFFIC CODE. Police Chief Richardson addressed this proposed ordinance that amends Section 225 of the Model Traffic Code by adding language requiring all commercial vehicles that are equipped with engine compression brake devices (jake-brakes) to have mufflers. The Public Safety Committee recommended approval during their meeting January 22, 2003. Town Attorney White read the Ordinance, and, following discussion, it was moved and seconded (Gillette/Habecker) Ordinance #4-03 be approved, and it passed unanimously.
Board of Trustees - January 28,2003 - Page 3 3. LIQUOR LICENSING - TRANSFERS OF OWNERSHIP: (A) HUNAN RESTAURANT - FROM GEORGE LEE TO LEE DO ENTERPRISES, INC. (Lee Wu-Hsiun), HOTEL & RESTAURANT LIQUOR LICENSE, 460 W. RIVERSIDE DR. Deputy Clerk van Deutekom presented the application, confirming that the required T.I.P.S. Training is as yet unscheduled and introduced Mr. Wu- Hsiun. Trustee Barker commented on the Town Board's strict adherence to the Liquor Code, particularly as it relates to the prohibition of liquor sales to minors. It was moved and seconded (Newsom/Doylen) the Transfer of Ownership Application filed by Lee Do Enterprises, Inc., be approved, and it passed unanimously. (B) BISTRO - FROM BISTRO'S OF ESTES PARK, INC. TO JON & MARSHA SYPHER, HOTEL & RESTAURANT LIQUOR LICENSE, 401 S. ST. VRAIN AVE. Deputy Clerk van Deutekom presented the application, confirming that the Applicants obtained T.I.P.S. Training in 2002, and introduced Mr. Sypher. It was moved and seconded (Doylen/Gillette) the Transfer of Ownership Application filed by Jon and Marsha Sypher be approved, and it passed unanimously. 4. APPOINTMENTS/RE-APPOINTMENTS: (A) ESTES VALLEY PLANNING COMMISSION APPOINTMENT. Mayor Baudek submitted George Hix for appointment to the Estes Valley Planning Commission, and it was moved and seconded (Doylen/Barker) Mr. Hix be so appointed to a 4-yr. term, expiring 12/31/06. The motion passed unanimously. (B) ESTES VALLEY BOARD OF ADJUSTMENT REAPPOINTMENT. Mayor Baudek requested Jeff Barker and Wayne Newsom be reappointed to serve on said Board of Adjustment, and it was moved and seconded (Doylen/Gillette) both re-appointments be approved, with the 3-yr. terms expiring 2/28/06, and it passed with Trustees Barker and Newsom Abstaining. 5. TREE BOARD - ANNUAL REPORT. StreeUPark Supt. Speedlin acknowledged Tree Board members Jeff Barker, Wendell Amos, Alice Gray, Bob Seifert and staff members Tim Rische, Russ Franklin, and he presented an overview of the Tree Board's 2002 activities. Supt. Speedlin confirmed that information will be published addressing how to care for trees during winter months and drought conditions. Mayor Baudek commented on the Tree Board's positive contributions to the community, acknowledging receipt of the Annual Report. 6. POLICY DIRECTIVE #1-03 - ESTABLISHMENT AND APPOINTMENT OF AUDIT COMMITTEE. Town Administrator Widmer reported on the importance of audit committees in both the private and public sector, adding that an audit committee serves as a subcommittee of the governing board that reviews the yearly audit and other financial matters. Following their review, an annual written report describing the means by which the Committee discharged its duties and met its responsibilities would be presented to the Board of Trustees. Administrator Widmer read the Directive, and following discussion, it was moved and seconded (Barker/Doylen) Policy Directive #1-03 be approved, and it passed unanimously. Mayor Baudek appointed the following to serve on this Committee: Town Administrator Widmer, Assistant Town Administrator Repola, Finance Officer Brandjord, and Trustee Gillette, Chairman, and Mayor Baudek.
Board of Trustees - January 28,2003 - Page 4 7. POLICY DIRECTIVE #2-03 - ESTABLISHMENT AND APPOINTMENT OF ADVERTISING POLICY COMMITTEE. Town Administrator Widmer reported that the Town created the existing Advertising Policy Committee in early 1991. However, following appointment by the Mayor, policy documentation specifying the purpose, framework, terms, or responsibilities was not established. The proposed policy directive identifies the purpose of this committee, which is to provide oversight for the advertising and marketing efforts of the Town by reviewing, directing, and modifying the quality and results of the advertising and marketing program. The Mayor will appoint members for one-year terms, and the chairperson, and members may include representatives from Town staff, the Board of Trustees, Chamber Resort Assn. Board and Exec. Dir., RMNP, and other community representatives as appropriate. Mayor Baudek requested approval of the Policy Directive at this time, delaying Committee appointment until February 11 or 25, 2003. It was moved and seconded (Newsom/Gillette) Policy Directive #2-03 be approved and it passed unanimously. 8. TOWN ADMINISTRATOR'S REPORT. A. Fall River Trail, Phase I. This phase is nearing completion and Phase 11 will extend the Trail to Performance Park. 9. REQUEST TO ENTER EXECUTIVE SESSION: A. Mayor Baudek requested an Executive Session, announcing the topic of discussion under Section 24-6-402(4)(f), C.R.S. - Personnel Matters. B. It was moved and seconded (Gillette/Newsom) the Town Board enter Executive Session for discussion on personnel matters, Section 24- 6-402(4)(f), C.R.S., with said Executive Session ngi involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. The motion passed unanimously, whereupon Mayor Baudek adjourned the meeting to Executive Session at 8:15 p.m. Mayor Baudek reconvened the Open Session at 9:55 p.m., and there being no further business, adjourned the meeting at 9:55 p.m. John Baudek, Mayor Rebecca van Deutekom, Deputy Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 6,2003 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 6th day of February 2003. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: Trustees Barker and Habecker Absent Chairman Doylen Also Attending: Assistant Town Administrator Repola, Director Kilsdonk, Sr. Center Director Thompson, Planner Shirk, and Deputy Clerk van Deutekom Trustee Habecker called the meeting to order at 8:06 a.m. Director Kilsdonk introduced and welcomed Citizen's Information Academy participants Mary Ellen Garrett and Sarah Holdt. MUSEUM. Director Kilsdonk reviewed the Bi-Monthly Report. I Year in Review. Total attendance for 2002 was 9816. Staff and the Advisory Board continue to identify opportunities to raise public awareness of the Museum and increase facility utilization. Staff submitted a Learning Opportunities Grant to the Institute of Museum and Library Services in January. The grant is intended to help museums increase public access to programs, collections, and exhibits. > Upcoming Programs. The list of upcoming programs February through September 2003 was presented. > Collections. A total of 43 research requests and 15 photo orders were processed. Staff catalogued 1008 objects in 2002; 746 were slides from the Jones Collection, 100 were hydro plant and education collections items, and 162 were objects the Museum acquired during 2002. > Exhibits. The 2003-2004 Exhibit Schedule was presented. > Attendance Statistics. December and January statistics were reviewed. SENIOR CENTER. Sr. Center Director Thompson reviewed the Bi-Monthly Report: > 2002 in Review. 1) Individual visits to the Center in 2002 totaled 17,148; 2) 11,375 meals were served; 8,204 at the Center and 3,171 Meals on Wheels. Other areas discussed include social events, activities, and user groups. * Food Service Task Force. Task Force work sessions have been held to examine the food service operation. Areas discussed include operational costs, financial considerations, and privatization. The Task Force will meet on February 7~h to proceed with privatization plans. Staff will present their proposal to the Committee at the March meeting. COMMUNITY DEVELOPMENT. Building Permit Summary - Januarv 2003. Planner Shirk presented a monthly building permit summary of the building permits issued in January 2003. Staff was directed to include a 5-year construction comparison in future summaries presented to the Committee. Other items discussed include the International Building Code, building permit cost calculations, and cost accounting issues. There being no further business, Trustee Habecker adjourned the meeting at 8:50 a.m. 4?#/*164 Rebecca van Deutekom, CMC, Deputy Town Clerk
=DFORD PU--1~HING CO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment January 7,2003,8:00 a.m. Board Rooms Estes Park Municipal Building Board: Chair Joe Ball, Members Jeff Barker, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Ball, Members Sager, Barker and Lamy Also Attending: Director Joseph, Planner Shirk and Recording Secretary Williamson Absent: Member Newsom and Planner Chilcott Chair Ball called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA a. The minutes of the December 3,2002 meeting were accepted as presented. 2. ELECTION OF OFFICERS It was moved and seconded (Sager/Lamy) that Jeff Barker be nominated for Chair and it passed unanimously with one absent and Barker abstaining. It was moved and seconded (Barker/Ball) that Judy Lamy be nominated for Vice-Chair and it passed unanimously with one absent and Lamy abstaining. It was moved and seconded (Lamy/Sager) that the Community Development Secretary be appointed as Recording Secretary and it passed unanimously with one absent. The newly elected Chair took over the meeting at 8:06 a.m. 3. LOT 12, ELKHORN CLUB ESTATES, 330 FALL RIVER LANE. APPLICANT: KATHERINE GRACE - VARIANCE REQUEST FROM SECTION 4.3, TABLE 4-2, SECTION 7.6.E.1 AND APPENDIX D.Ill.3 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk gave a brief review of the staff report and the conditions of approval. Kathy Grace, applicant, was present and stated that she would like to keep the off- street parking in front of the house and utilize the current driveway to access the new garage; therefore eliminating the need for a second curb cut. Planner Shirk stated that the applicant's request would be acceptable as long as the width of the current driveway remains unchanged. Commissioner Sager stated that he was concerned that the grade of the driveway may be too steep. Director Joseph advised that the downhill side of the garage would be on 4 feet of fill making the finish floor grade of the garage practical for the driveway. Public Comment: Keith Keenan, 2501 Big Thompson, commented that the river setbacks have already been reduced from 50 feet to 30 feet and stated he was not in favor of this proposal. It was moved and seconded (SagedBall) to deny a second curb cut and the motion passed with one absent. Those voting "yes" Barker, Sager and Ball. Those voting "no" Lamy. It was moved and seconded (Ball/Sager) based on the rock outcropping and site conditions to approve the variance request of seven feet six inches (7'6") from the required fifteen foot (15) front yard setback to build a garage seven feet six inches (7'6") from the property line and a river setback variance of eight feet (8) from the required thirty foot (30) river setback to build a garage twenty-two feet (22) from the rivers edge and the motion passed unanimously, one absent, with
BRADFORC}PUDLISH INGCO _ RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 7,2003 Page 2 the following conditions. All variances granted by the Board ofAdjustment 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. Silt and construction barrier fencing shall be installed prior to any excavation - work, and shall be kept in working condition until all construction is h completed. 2. Prior to pouring foundation, submittal of a setback certificate prepared by a registered land surveyor. 3. Compliance with the submitted site plan, which shall be revised to show only the existing driveway. 4. UNPLATTED PARCEL AT THE INTERSECTION OF KIOWA DRIVE AND MARY'S LAKE ROAD, APPLICANT: MARY'S LAKE LODGE - VARIANCE REQUEST FROM SECTION 17.66.060(13) OF THE MUNICIPAL CODE. Applicant requests a continuance to the February 4,2003 meeting. Public Comment: None. It was moved and seconded (Sager/Lamy) to continue this request to the February 4,2003 meeting and the motion passed unanimously with one absent. 5. U.S. BUREAU OF RECLAMATION PROPERTY OFF HIGHWAY 34 AND ADJACENT OT LOT 1, LAKE ESTES 2ND ADDITION (LAKE ESTES MARINA), 1700 BIG THOMPSON AVENUE, APPLICANT: STANGER FAMILY, LLC- VARIANCE REQUEST FROM SECTION 17.66.060(13) OF THE MUNICIPAL CODE. Chair Barker requests this item be continued because the sign is currently illegal. There is an additional AAA sign attached to the side of the off premise sign that was not approved with the previous variance. Board Member Sager stated that he agreed with Chair Barker's comments and sited Section 17.66.340(3) of the Municipal Cbde. He stated that the Board of Adjustment has no right or reason to hear this item until the violation is rectified. Director Joseph stated that if the AAA sign is removed the variance will be heard at next month's meeting. Public Comment: None. Based on the current off premise sign being in violation of the'previously approve variance, it was moved and seconded (Sager/Lamy) to continue this request to the February 4,2003 meeting to give the applicant time to remove the AAA sign and the motion passed unanimously with one absent. 6. LOT 44, BLOCK 1, FALL RIVER ESTATES, SOUTHWEST CORNER OF FALL RIVER COURT AND FALL RIVER ROAD INTERSECTION, APPLICANT: FALL RIVER ESTATES, INC. - VARIANCE REQUEST FROM SECTION 7.6.E.2.b, SECTION 7.6.E.1.af2) AND SECTION 4.3, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. This is a request to build a single-family residence on a legally platted lot in Fall River Estates. The lot has an unusual shape, contains extensive wetlands that cover roughly 90 percent of the site, is split in two by the Fall River and is heavily vegetated. The river and wetland setbacks, with the front yard setback, combine to create regulatory constraints that would render this lot unbuildable without the requested variances. This proposal includes building within existing wetlands. The removed wetlands will be less than .10 acres, and will be subject to all applicable Corps of Engineering requirements for removal of wetlands. The proposed location would have the least amount of impact on the Fall River riparian
~NADFOROPUILISHINGCO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 7,2003 Page 3 corridor and the surrounding single-family neighborhood. The essential character of the neighborhood would not substantially change. Board Member Sager stated that the Board of Adjustment and the Community Development Department did not create this hardship. Planner Shirk affirmed this statement and stated that this lot was platted in the County when therewere no wetland regulations. Paul Kochevar, Estes Park Surveyors, was present to represent the applicant. He stated that the building footprint, patio and driveway are almost the same footprint as the area of disturbance; therefore the building itself will not be 2,800 square foot. He advised that this project would use the Nationwide Permit 39 allowed by the Corp of Engineers when a project does not disturb more than .10 of an acre of wetlands. He stated the front yard setback was requested in order to move the house out of the wetlands as much as possible. He suggested that the following conditions be added: (1) As built revised site plan at the point the foundation is constructed, (2) Pre-construction meeting prior to any construction on the site, and (3) Prior to construction the area to be disturbed should be totally fenced including the area in the outlot. Board Member Sager complimented Estes Park Surveyor for producing an exceptional site plan. He stated the site plan was easy to read and understand. He stated that the requested variances concerned him. He feels that if the building could be smaller that perhaps the setback request to the north would not be necessary. He questioned whether or not the applicant would consider reducing the size of the building. Mr. Kochevar stated that the building footprint is not that large and that the building will probably be a 2 story building. Public Comment: Patty Tailor Czarnowski, 2180 Blue Sprucd Drive, spoke in opposition of the proposed variance request. She stated that the wetlands should not be compromised for convenience or profit. She feels the variance would not be necessary if the building was smaller and therefore would not encroach upon the wetlands or the outlot. Keith Keenan, 2501 Big Thompson, spoke in opposition of the proposed variance request. He stated that this project should not be passed in its present form. Tom Ewing, 1082 Fall River Court, spoke in opposition of the proposed variance request. He does not feel there should be a building on this property. He feels it should remain an undisturbed wetland. Chair Barker questioned if there was a building of any size that would be acceptable. Mr. Ewing stated that a smaller building would do less damage, however he would rather see nothing built on the lot.. Jay Harroff, 1089 Fall River Court, spoke in opposition of the proposed variance request. He does not understand the access easement across the outiot. He feels the property could have access off of Fall River Court. Alice Gray, president of Estes Valley Improvement Association, 1252 Community Drive, spoke in opposition of the proposed variance request. The Association is opposed to developing in the wetlands. They would like to see this land be a conservation easement. Richard Doutt, 2265 Deer Mountain Drive, spoke in opposition of the proposed variance request. He stated that the house is too large. He is concerned that the driveway will split the outlot in half. Paul Kochevar stated there is a recorded easement across the outlot. The applicant
IRAOFORO PUBLISMING Co. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment January 7,2003 Page 4 has been advised that he could use any portion of the outlot up to a 60 foot width. Glen Smith, 1049 Fall River Court, spoke in opposition of the proposed variance. He stated that the house should be smaller. Bryan Michener, Vice President of the Estes Valley Improvement Association and Board Member of Wildlife 2000, spoke in opposition of the proposed variance. He feels the lot should not be built on. He stated that the wetlands need to be protected. He proposed that the land trust purchase the land from the owner. Director Joseph stated that this was a subdivision that was platted in the 1970's in the County; therefore this is a legal lot and the landowner has the right to an economic use of the lot. If that reasonable economic use is not provided there is a risk that the landowner could pursue legal recourse against the Town for a regulatory taking. This lot was approved by the County Commissioners before there were established wetland regulations. He stated that this lot would not be platted as a buildable lot with today's standards. He advised.that at one time the developer who owned both the outlot and Lot 44 tried to swap the land and build on the outlot, which is not in the wetlands, with Planning staffs support. The homeowners at the time were in opposition to the swapping of the lots. He stated there is no building that could be built on this property without a variance. This entire lot is taken up by the property line setbacks and the wetland setbacks, and therefore renders the lot unbuildable without a variance. Richard Doutt, 2265 Deer Mountain Drive, stated that the outlot gives the homeowners in Fall River Estates access to the river. The earlier request to swap the land was to build an office building on the outlot which the neighbors opposed. Board Member Sager stated that the Board has not been provided architectural drawings of the structure, driveway or patio; therefore the Board would be approving several unknown details. He feels that the entire patio would be encroaching on the river setback. Based on the lack of architectural drawings, it was moved and seconded (Sager/Ball) to continue this request at such a time as the drawing could be provided to the Baird of Adjustment. Mr. Kochevar stated that the applicant did not want to invest money into a set of drawing if he was not going to build on the lot. The applicant may chose to sell the lot and a set of specific plans might not be desirable to a future owner: Board Member Sager withdrew his motion in light of Mr. Kochevafs statements. It was moved and seconded (Sager/Ball) to deny the requested variance to the front yard setback, to deny the request variance to the river setback and to approve the wetland setback variance to allow for construction within the delineated wetland area by repositioning a similar site disturbance footprint · within the wetlands that complies with all other setbacks and the motion failed. Those voting "yes" Sager and Ball. Those voting "no" Barker and Lamy. Based on the unique nature of the lot and that this is a site disturbance footprint not a building footprints it was moved and seconded (Barker/Ball) to approve the variance request of thirteen feet (13) to eleven feet (11) from the twenty-five foot (25) front yard setback to build a house twelve feet (12) to fourteen feet (14) from the front yard setback, a river setback variance.of twenty-two feet (22) from the fifty foot (50) river setback required to build a house twenty-eight feet (28) from the rivers edge and a wetland setback variance to allow for construction within
/4AOFOR/PUBLISHING CO, RECORD OF PROCEEDINGS Estes Valley Board of AdJustment January 7,2003 Page 5 the delineated wetland area and the motion failed. Those voting "yes" Barker and Ball. Those voting "no" Sager and Lamy. 7. REPORTS Board Member Sager questioned if larger variance signs will be provided in the future. Director Joseph stated that they will work on providing larger signs. There being no further business, Chair Barker adjourned the meeting at 10:21 a.m. Jeff Barker, Chair Jacquelyn Williamson, Recording Secretary
. ....FORD'USLISHING.0. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment February 4,2003,8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Sager, Newsom and Lamy Also Attending: Planner Shirk, Planner Chilcott and Recording Secretary Williamson Absent Director Joseph, Member Ball Chair Barker called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENTAGENDA a. The minutes of the January 7,2003 meeting were accepted as presented. b. Lot 44, Block 1, Fall River Estates, Southwest corner of Fall River Court and Fall River Road intersection - Staff requests moving item to a Special Meeting on February 5,2003. 2. LOT 7, RECLAMATION SUBDIVISION, 340 S. SAINT VRAIN, APPLICANT: ABUNDANT LIFE CHRISTIAN CENTER - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This variance request is to enclose an existing patio/entranceway. The existing patio is roofed and has a concrete slab floor. The church was built in the 1960's and is nonconforming as to the front yard setback. The entryway already exists: however it doesn't have walls on two sides. The enclosed entryway will not extend further into the setback than the unenclosed entryway. The enclosed entryway is only 176 square feet approximately and a portion of the structure already exists. Therefore the request is not substantial. The proposed addition may not substantially alter the essential character of the neighborhood. Jim Cornell was present to represent the Abundant Life Christian Center. He stated that currently the members have to walk outside to go around the sanctuary. Enclosing the walkway will aid in the flow of traffic and enable people to walk around the edge of the sanctuary without going outside. Public Comment: None. It was moved and seconded (Newsom/Lamy) to approve the variance request of seven feet six inches (7'6") from the twenty-five (25) foot front yard setback to - enclose a patio/entranceway and the motion passed unanimously, one absent, with the following conditions. All variances granted by the Board of Adjustment shall become null and void ifa Building Permit has not been issued and paid f6r, and the work commenced within twelve (12) months from the date the valiance is granted. 1. A registered land surveyor shall verify compliance with the variance and provide a stamped and signed setback certificate. 2. Compliance with the submitted site plan showing that the addition will not extend further than the existing entranceway concrete slab. 3. UNPLATTED PARCEL AT THE INTERSECTION OF KIOWA DRIVE AND MARY'S LAKE ROAD, APPLICANT: MARY'S LAKE LODGE - VARIANCE REQUEST FROM SECTION 17.66.060(13) OF THE MUNICIPAL CODE. Board Member Sager stated there are current off premise signs for Mary's Lake
-ADFOMO PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 4,2003 Page 2 Lodge on the adjacent properties that have not been permitted by the Town. He sited Section 17.66.340(3) of the Municipal Code which states the Board of Adjustment has no righl or reason to hear an item currently in violation. Jeff Sigler, Code Enforcement Officer, stated that he agreed with the interpretation of the code. He advised that he contacted Mr. Theis yesterday afternoon to inform him of the violations. Frank Theis, general manager and one of th@ owners of Mary's Lake Lodge, stated that staff notified him Thursday of the non complying signs that needed to be removed before the Board of Adjustment meeting. He removed the signs except for the directional signs. He felt he had reached an understanding 6 months ago with Mr. Sigler that those signs could be posted during construction. Jeff Sigler agreed that he had a conversation with Mr. Theis regarding the directional signs. Mr. Sigler believed the signs would be placed on Mary's Lake Lodge property and not off premise. He also stated that Mr. Theis did not feel he could operate his business during the construction witholit the directional signage. It was agreed that Mr. Theis could have directional signage less than one square foot. Public Comment: Jim Tawney, owner of Ponderosa Lodge, stated he was the original owner of the land for which Mary's Lake Lodge is requesting an off premise sign. Once Kiowa Drive was completed, he deeded the land to Bob Koehler. He stated that there have been numerous signs placed on his property with his full knowledge and approval. The signs were placed with the understanding that they were temporary. He feels the Board should hear the variance request. Mr. Theis stated that he will take down the signs. He thought there was an understanding with staff that he could put up small directional signs. He feels he has shown good faith in removing the signs staff had requested be removed. Based on the presence of existing off premise signage for Mary's Lake Lodge that has not been p6rmitted, it was moved and seconded (Sager/Barker) to continue this request to the February 5,2003 meeting to give the applicant time to remove the additional off premise signage and the motion passed unanimously with one absent. 4. U.S. BUREAU OF RECLAMATION PROPERTY OFF HIGHWAY 34 AND ADJACENT OT LOT 1, LAKE ESTES 2ND ADDITION (LAKE ESTES MARINA), 1770 BIG THOMPSON AVENUE, APPLICANT: STANGER FAMILY, LLC - VARIANCE REQUEST FROM SECTION 17.66.060(13) OF THE MUNICIPAL CODE. Board Member Sager requests this item be continued because the sign is currently illegal. The sign has rope lights wrapped around the poles of the sign which the sign code prohibits. Jeff Sigler, Code Enforcement Officer, stated that he agreed with Board Member Sager's interpretation of the sign code regarding lighting. He stated that he contacted the applicant late yesterday afternoon to inform them of the violation. Ray Marez was present to represent the Lake Shore Lodge. He stated that the, lights were put up in the spirit of Christmas. He will make sure that the lights come down today. Public Comment: None. Baspd on the current off premise sign being in violation due to the addition of rope lights wrapped around the post, it was moved and seconded (Newsom/Sager) to con'tinue this request to the February 5,2003 meeting to give the applicant time to remove the rope lights and the motion passed unanimously with one absent.
. IRADFORD PUBLIS•ING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment February 4,2003 Page 3 5. REPORTS Planner Shirk stated that he received a response from the Alpine Meadow Homeowners Association in response to his letter dated November 21, 2002. He stated that the Homeowners Association is not interested in pursuing rezoning for the subdivision. The Architectural Control Committee believes they have the power to enforce the setbacks and that their opinions should be accepted as final by the Board of Adjustment. Planner Shirk stated that if the homeowners are against rezoning then the Planning Commission and the County Commissioners are not going to go forward with rezoning these properties. Chair Barker stated that this Board has a responsibility to grant a variance if there is a legitimate reason for the request even if the neighbors don't want it. There being no further business, Chair Ball adjourned the meeting at 8:45 a.m. Jeff Barker, Chair Jacquelyn Williamson, Recording Secretary
BRADFORIPU....ING.0 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission January 21, 2003, 1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Cherie Pettyjohn, Commissioners Wendell Amos, Bill Horton, Joyce Kitchen, Edward Pohl, Richard Homeier, ahd Dominick Taddonio Attending: Chair Pettyjohn, Commissioners Amos, Horton,·Kitchen, Pohl, Homeier, and Taddonio Also Attending: Town Attorney White, Director Joseph, Planner Chilcott, and Recording Secretary Williamson Absent: Planner Shirk, Town Board Liaison Habecker Chair Pettyjohn called the meeting to order at 1:30 p.m. 1. CONSENTAGENDA a. Estes Valley Planning Commission Minutes dated December 17, 2002 with the correct spelling of Alma Hix. It was moved and seconded (Amos/Kitchen) that the Consent Agenda be accepted and it passed unanimously. 2. ELECTION OF OFFICERS It was moved and seconded (Pohl/Homeier) that Commissioner Amos be nominated for Chair and it passed unanimously. It was moved and seconded (Kitchen/Amos) that Commissioner Homeier be nominated for Vice-Chair and it passed unanimously. It was moved and seconded (Pohi/Homeier) that the Community Development Administrative Assistant be appointed as Recording Secretary and it passed unanimously. The newly elected Chair took over the meeting at 1:35 p.m. 3. PUBLIC COMMENT Cherie Pettyjohn, 513 Grand Estates Drive, would like to encourage the Planning Commission to consider changing the landscape requirements to promote the use of plants which require less water. She also stated there is a conflict between the landscape requirements and the parking requirements that should be reviewed. Development Plan 03-01, Duggan Commercial Building, Lot 1 Acacia Corner Subdivision, Corner of Acacia and Avalon None. Development Plan 03-02, Sundance, Tract 698 of the First Replat of Tract 69, Fail River Additon None. 4. AMENDED PLAT OF LOT 11 AND PORTION OF LOT 31, HONDIUS HEIGHTS SUBDIVISION, 1230 Hondius Lane, Applicant: David & Javana Richardson and Beverly Ann Davies. Director Joseph reviewed the staff report. This·amended plat will create legal lot standing for the parcel illegally split in 1972, a few months after the adoption of the state subdivision requirements. This plat will also provide for geologic hazard mitigation and provide building envelops that will require minor modifications granted by the Planning Commission. The proposed building envelopes encroach into the required 50 foot setback established with the
OROPUBUSHINGCO. RECORD OF PROCEEDINGS- Estes Valley Plarining Commission - January 21, 2003 Page 2 "RE" Rural Estate zoning district. It is staffs opinion that granting a minor modification to the setbacks would help minimize site disturbance and visual impact, and provide more effective environmental and open space preservation. These lots contain slopes in excess of thirty percent and are within a mapped steep slope geologic hazard area. Therefore, a development plan subject to staff level review should address such issues as slope stability, erosion control, and revegetation. The applicant's engineer has submitted a "steep slope and erosion control recommendation plan" that provides for reseeding and outlines methods for determining - steepness of cut slopes based on soil characteristics. Access to proposed Lot 31B will come from a previously dedicated access easement that crosses proposed Lot 11A. Paul Bennett of Van Horn Engineering was present to represent the applicants. He stated the applicants have no issues with the conditions of approval. Public Comment: None. It was moved and seconded (Homeier/Kitchen) to recommend approval to the Board of County Commissioners of the Amended Plat of Lot 11 and a portion of Lot 31, Hondius Heights Subdivision, 1230 Hondius Lane with the following conditions, and it passed unanimously. 1. Town water service will require a hydraulic analysis and booster pump report indicating available water pressure is adequate. 2. Compliance with the submitted steep slope and erosion control plan or compliance with current geologic hazard mitigation requirements. 3. Building plan submittal shall include a site specific development plan addressing steep slope regulations of the EVDC. 4. Submittal of a revised plat incorporating the following: a. Removal of word "preliminary" from title. b. Reference to existing Lots (e.g. "Lot 31, 5.74 acres") shall be removed. Only new lot designations shall be identified. The note referring to the "former lot line" shall remain. c. ToWn blue line elevation shall be removed. d. The dedication statement needs to reserve the utility easements as shown on the plat. e. An additional private easement for grading and driveway construction accounting for necessary driveway switchbacks shall be dedicated to provide access to proposed Lot 31B. f. The slope detail shall be placed on "page two". 5. Compliance with Upper Thompson Sanitation District letter to Dave Shirk dated December 24,2002. 5. KIOWA RIDGE SUBDIVISION SIGN Director Joseph reviewed the request for a special exception, pursuant to Municipal Code 17.66.150, to allow an increase to the maximum allowable sign area for a freestanding subdivision identification sign for Kiowa Ridge Subdivision. The plans submitted forthis sign will be a low profile planter, which staff feels is appropriate and follows the intent of the code. The sign will be at the intersection of Mary's Lake Road and Kiowa Drive. Public Comment: None. It was moved and seconded (Kitchen/Homeier) to approve an increase to the maximum allowable sign area for the freestanding identification sign as per submitted plans for Kiowa Ridge subdivision at the intersection of Mary's Lake Road and Kiowa Drive and it passed unanimously. 6. ESTES VALLEY DEVELOPMENT CODE REVISIONS Item 2 - Employee Housing in the Nonresidential Zoning Districts
BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission -January 21,2003 Page 3 Planner Chilcott reviewed the proposed code changes for employee housing units. Director Joseph stated that parking may become an issue for some properties where impervious coverage has reached its maximum and where there are no surplus parking spaces. He advised that the Planning Commission may be asked to grant a variance to allow impervious coverage on a site to be exceeded in order to provide employee parking, or Planning Commission could find the current parking on site underutilized and exempt the property owner from adding more parking. Public Comment: Thomas Beck, 2864 East 30, spoke in favor of the code change. He feels it would give the staff increased flexibility. He stated that most employee parking would be used in the evening; therefore a daytime business could have a shared parking agreement. It was moved and seconded (Pohl/Horton) to recommend acceptance of the code change to the Town Board of Trustees and the Board of County Commissioners of Item 2 Employee Housing in the Nonresidential Zoning Districts to the Estes Valley Development Code, Block 6 and it passed unanimously. Item 1 - Accessory Use (Including Home Occupations) and Accessory Structures Director Joseph stated that staff would like to work on this item and bring it back for consideration by the Planning Commission. He stated that staff would like to develop a single formula to determine the maximum accumulative total square footage for all accessory structures. This formula would be a function of the size of the lot and the size of the home. By using a single formula it would eliminate the discrimination between garages and other accessory uses. Public Comment: Carolyn Culhane, 920 Old Ranger Drive, was present to represent the Estes Park Equestrian Club which is concerned about barn size. She stated the club was just made aware of the code changes and has not been able to review them completely. They would like a chance to review the item before the Commission makes a decision. She agrees with some of the proposed changes, but is concerned about the size limitations. Wayne Groom, President of the Car Club, stated that it is the club's position that the words accessory building should be used and that there should not be a distinction for garages. John Spooner, member of the Car Club, stated that an accessory building should be defined as an accessory use and this would include attached structures. Therefore, there would be no distinction made between attached and detached structures. He stated that the code is so complex that it is difficult to come up with the equations. The Car Club feels that the equation should be a function of lot size; however they believe an accessory building could be larger than the principle dwelling on larger lots, perhaps up to twice the size. The Car Club feels there should be a cap on the size of an accessory building. He stated that by making the accessory building a function of the size of the house you may encourage people to build larger homes in order to have larger accessory buildings. The club also believes there should be some control over the size of the accessory building attached to the house. Thomas Beck, 2864 East 36th, feels the size of the accessory building should be a function of the lot size and should be graduated. He believes there should be a minimum size for an accessory structure that is larger than the current code requires. He stated that an accessory structure should be allowed to be larger than the house on larger lots. He agreed that accessory buildings should be addressed as an accessory use and not as a barn or a garage. On small lots he understands there is a concern regarding scale; however he believes this can be dealt with by addressing the lots size and coverage instead of linking it to the size of the home. He stated that a minimum and maximum structure size should be established. Mr. Beck stated that it is the number of garage doors and not the size of the garage that he finds offensive.
BRADFORD PUBLISHING.0. RECORD OF PROCEEDINGS Estes Valley Planning Commission - January 21, 2003 Page 4 Commissioner Kitchen stated that an accessory structure should not be based on the size of the house. She feels it could force people to bulid bigger homes in order to have a large accessory structure. She is also concerned about the slope of a lot, which has not been considered. 7. REPORTS Director Joseph stated that the ToWn Board voted to reject the Block 5 Highway Corridors Design Standards at the January 14,2003 meeting. He believes the people that objected to the proposed regulations where opposed to the Town Board taking any steps in the direction to regulate. He stated that following the meeting he has received calls from property owners that would like to have some voluntary design guidelines. He advised that a design handbook could be developed for property owners to use on a voluntary bases. He feels this would be worth pursuing and might move the design guidelines in the right direction. Chair Amos stated that he does not want to work on a design handbook that is not going to be used unless there is some community support and an Ordinance is passed. There being no further business, meeting was adjourned at 3:40 p.m. Wendell Amos, Chair Jacquelyn Williamson, Recording Secretary
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Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner 115. c. Date: February 5,2002 Subject: Supplemental (Final) Condominium Map for Park River West, Phase VII Background. Richard H. Wille Trust has submitted a supplemental condominium map application for Park River West, Phase VII. Phase VII consists of two units, Units 638 and 640, Building 11, located on Lot 2, Park River West Subdivision. The site is adjacent to River Rock Condominiums on Moraine Avenue (CO Highway 36). Lots 1 and 2 of the Park River West Subdivision are zoned "RM" multi-family residential. The condominium map is consistent with the approved development plan with the exception of the proposed finished floor elevations. Location Map The Town Board approved H. L/311!ls Supplemental Condominium Maps for I / Park River West, Phases V and VI at - the December 10,2002 meeting. Rwer Rock,Condominium Budget. Ridge,~ None. Action. Approval of the Supplemental Park River We d._ Condominium Map for Park River , 3 West Phase VII with the condition that the condominium map and/or the 1 1 111// 1 development plan is revised so the finished floor elevations are the same. This revision should be reviewed and approved by staff.
RESOLUTION NO. 3-03 A RESOLUTION RE-APPROPRIATING FUNDS ENCUMBERED IN THE TOWN OF ESTES PARK'S 2002 BUDGET TO THE 2003 BUDGET WHEREAS, the Town of Estes Park's accounting system incorporates a purchase order system that encumbers the budget appropriation when commitments for the purchase of goods or services are made; and WHEREAS, encumbrances that were not liquidated in the fiscal year ended December 31, 2002 are reserved from the ending fund balances; and WHEREAS, the Town of Estes Park intends to appropriate funds in the budget for the fiscal year ending December 31, 2003, to satisfy the commitments for the outstanding encumbrances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The following 2003 budgets be increased for appropriations for outstanding 2002 budget encumbrances. Fund Encumbrance Original Budget Revised Budget General $ 89,852 $11,307,006 $11,396,858 Community Reinv. 130,248 2,103,612 2,233,860 Museum 6,783 225,687 232,470 Special Events 687 888,257 888,944 Open Space 163,639 174,000 337,639 Light & Power 420,580 9,178,625 9,599,205 Water 472,867 3,225,464 3,698,331 Fleet Maintenance 1,143 257,148 258,291 Il. The ending fund balance from the fiscal year ended December 31, 2002 will be the source of funds for the budget amendments. ADOPTED this 11 th day of February, 2003. Mayor ATTEST: Town Clerk
Memo Date: February 7,2003 TO: Town Board From: Gregory A. White RE: Windy Gap Water Transfers - Superior to Erie BACKGROUND: In 1987, the Town of Estes Park entered into a contract with MDC Land Corporation for the sale of 35 units (3500 acre-feet), of the Town's Windy Gap water. That contract was subsequently amended twice and eventually assigned by MDC to Superior Metropolitan District #1. The thirty-five (35) units of Windy Gap water were transferred to Superior effective April 1, 1988. The purchase price of $3,335,000 was paid to the Town pursuant to the terms and conditions of the contract documents. Superior has entered into a contract with the Town of Erie to sell four (4) units (400 acre- feet). This contract is to close in early March 2003. The Windy Gap project was financed through several bond issues in the 1980's. The Town of Estes Park remains liable for its pro-rata share of those bond payments (40/480). The Municipal Subdistrict, Northern Colorado Water Conservancy District is requiring that the Town approve the transfer of four (4) units of Windy Gap water from Superior Metropolitan District to Erie. In return, Erie will become liable for the bond payments on the four (4) units of Windy Gap water. Superior Metropolitan District #1 shall remain liable for the four (4) units transferred to Erie as well as the remaining twenty-two (22) units of Windy Gap water purchased from the Town. The Town of Estes Park will remain liable after Erie and Superior Metropolitan District #1 for thirty-five (35) units of Windy Gap water transferred to Superior Metropolitan District in 1988. BUDGETARY IMPACTS: None STAFF RECOMMENDATIONS: Staff recommends approval of Ordinance No. 5-03.
ORDINANCE NO. 5-03 AN ORDINANCE CONSENTING TO THE TRANSFER OF CERTAIN WINDY GAP UNITS BY SUPERIOR METROPOLITAN DISTRICT NO. 1 AND AUTHORIZING AND DIRECTING THE MAYOR AND TOWN CLERK OF THE TOWN OF ESTES ~ PARK TO EXECUTE AND FILE, ON BEHALF OF THE TOWN OF ESTES PARK, COLORADO, SUCH DOCUMENTS AS ARE NECESSARY TO CONSENT TO THE TRANSFER OF 4 UNITS OF WATER OF THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Board of Trustees of the Town of Estes Park, Colorado hereby consents to the transfer of four (4) Units of Windy Gap Water from Superior Metropolitan District No. 1 to the Town of Erie. The four (4) Units being transferred were originally transferred to Superior Metropolitan District No. 1 from the Town of Estes Park, Colorado, pursuant to Ordinance 4-88. Section 2. The Mayor and Town Clerk of the Town of Estes Park, Colorado, be and hereby are authorized and directed to execute and file, on behalf of the Town, such other and further documents as are required by the Municipal Subdistrict, Northern Colorado Water Conservancy District to evidence the consent of the Town of Estes Park to the transfer of the four (4) Units of Subdistrict Windy Gap Water. Section 3. That the Mayor and Town Clerk of the Town of Estes Park, Colorado, be and hereby are authorized and directed to execute the Petition for Water Allotment Contract of the Town of Erie, in the form attached hereto as Exhibit "A". Section 4. The Town of Estes Park hereby recognizes and agrees that its obligation to repay its portion of the bonded indebtedness of the Subdistrict relating to the Windy Gap project' does now and will in the future continue to exist; that said obligations will not be discharged until the repayment of all bonded indebtedness incurred by the Subdistrict as of the date hereof; and that the Subdistrict may levy a special assessment pursuant to C.R.S. 37-45-123 on lands within the Town pursuant to the terms of the Water Allotment Contract to the Town of Estes Park dated July 11, 1975, in the event that Subdistrict dods not, for any reason, including but not limited to the insolvency or bankruptcy of M.D.C. Land Corporation, or the Superior Metropolitan District Nos. 1, 2 or 3 (with regard to all thirty (35) Units originally transferred pursuant to Ordinance 4-88), or the Town of Erie (with regard to seven (7) of the original thirty-five (35) Units transferred to the Superior Metropolitan District No. 1), receive the annual 1
payments required by the Water Allotment Contracts of the Town of Erie, or in the event that the Water Allotment contracts of the Town of Erie are terminated by the Subdistrict according to their terms. Section 5. The adoption of this ordinance, and the execution of the documents authorized herein, shall not revoke or repeal Ordinance No. 10-75 of the Town of Estes Park, as adopted on May 13, 1975, nor Ordinance No. 4-88 of the Town of Estes Park, as adopted on March 31, 1988, nor Ordinance No. 16-02 of the Town of Estes Park, as adopted on October 8,2002. Section 6. That the Board of Trustees of the Town of Estes Park, Colorado, herewith finds, determines and designates that this Ordinance is necessary for the immediate preservation of the public peace, health and safety, for obtaining water affects the public peace, health and safety, and whereas, in the opinion of the Board of Trustees, an emergency exists, this Ordinance shall take effect upon adoption. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS DAY OF ,2003. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk l' hereby certify hat the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2003, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 2003. TOWN OF ESTES PARK Town Clerk 2
Mem U Date: February 7, 2003 To: Town Board From: Gregory A. White RE: Ordinance 6-03 Application for Permanent CBT Water Allotment Contract BACKGROUND: In 2002, the To·wn acquired 211 units of Colorado Big Thompson water (CBT) to increase the Town's raw water portfolio. When municipalities acquire new CBT unics, the procedure used by tbe Northern Colorado Wacer Conservancy Discict (NCWCD), is co accomplish the transfer of the CBT units by [he use of temporary use permits. The Town has temporary use pcmlits for the 211 acre.feet of CBT water it acquired in 2002, The 'rown is required either to renew the temporary use permits by March 1, 2003 or apply fox a permanent allotment contract for the 211 units. The purpose of Ordinance 6-03 is to apply to the NCWCD for tbe change of t:he ownership of the 211 units of CBT water from the temporary use permit to a permanent allotment contract. BUDGET IMPLICATIONS: There are no budgetary implicadons. 'There is no cost co the Town to change from a temporary use permit to a permanent allotment contract. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 6-03.
RESOLUTION NO. 4-03 WHEREAS, the Town of Estes Park, Colorado (the "Town") currently is the holder of a Temporary Use Permit with the Northern Colorado Water Conservancy District (NCWCD) for 211 acre-foot units of Colorado-Big Thompson Project water; and WHEREAS, the Town desires to convert the Temporary Use Permit for 211 acre- foot units of Colorado-Big Thompson Project water to a Section 131 Contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the Mayor and Town Clerk be authorized to execute an Application to the Northern Colorado Water Conservancy District for the Cancellation of a Temporary Use Permit for 211 acre-foot units of Colorado-Big Thompson Project water. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2003. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk
ORDINANCE NO. 6-03 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF ESTES PARK, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF ESTES PARK BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Titlp 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board 'of Trustees of the Town of Estes Park, a Colorado municipal corporation (hereinafter called "Applicant"), in order to obtain the perpetual right to use Colorado-Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, by contract for the beneficial use of water from the Northern Colorado Water Conservancy District, shall by ordinance authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: That the Town of Estes Park has determined to apply for a contract providing for the beneficial use of two-hundred eleven (211) acre-feet of water from the Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to-wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Board of Trustees of the Town of Estes Park, the governing body of a C61orado municipal corporation acting as a goverhing body of a water activity enterprise, hereby applies to the Northerh Colorado Water Conservancy Distridt, a
political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, 1973, for a contract for the right to beneficially use Colorado-Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is 211 acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of said District shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within:the boundaries of Northern Colorado Water Conservancy District. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one-three-hundred-ten-thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District. Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of the District. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of said District , at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant,' among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre- foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment, as herein provided, is not made by due date, written notice thereof, by certified mail, will be given by said District to the Applicant at the following address: Town of Estes Park, P. O. Box 1200, Estes Park, 2
Colorado, 80517. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water, as herein made, shall be disposed of at the discretion of the Board of Directors of said District in accordance with the applicable provisions of C.R.S. Section 37-45-132 and 7-42-104. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above the District's actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of the District; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of said District. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; by Section 37-45-131; by the Rules and Regulations and policies of the Board of Directors of said District; and by the Repayment Contract of July 5, 1938, between said District and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with said District if and when the Board of said District finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of the District; additional annual monetary consideration for extension of District delivery services and for additional administration, operation and maintenance costs; or for other costs to the District which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Estes Park, acquisition of this annually renewable perpetual right of use water contract for Colorado- Big Thompson Project water from the Northern Colorado Water Conservancg District and the right to the beneficial us6 of water thereunder by said Town of Estes Park is 3
necessary; that the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and that the adequate protection of the health of the inhabitants of the community requires an immediate increase in Applicant's water supply. It is, therefore, declared that an emergency exists; that this ordinance shall take effect as an emergency measure and that it shall be published in the manner and shall take effect as provided by the statutes of the State of Colorado or charter of the Applicant. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2003. . 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 , 2003 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2003. Town Clerk ORDER ON APPLICATION Applicatioh having been made by or on behalf of all parties interested in this allocation of the right to use Colorado-Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for tw'o-hundred eleven (211) acre-feet of water is hereby made to the Town of Estes Park, a Colorado municipal corporation, for the beneficial uses.set forth in said application upon the terms, conditions, and manner of #ayment as therein specified. 4
NORTHERN COLORADO WATER CONSERVANCY DISTRICT President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the day of A.D., 2003. Acting Secretary 5
Memo Date: February 7,2003 TO: Town Board From: Gregory A. White RE: Ordinance 7-03 - Standing Committees BACKGROUND: Town Adminiscrator Widmer has recommended to the Board of Trustees a reorganization of the 1-'ublic Works, the Water and the Light and Power departments of the Town. As part of that reorganization, Town Administrator Widmer recommends that the airrent Light and Power Committee be abolished and replaced by a Utllities Cornmittee which would be the Committee that reviews I.ight anti Power Deparunent and Water Deparoment matters. It is necessary to amend Section 2,08.010 of the Municipal Code to abolish the Light and Power commicme and replace it with the Utdities Committee as a standing Committee of the Town. BUDGET IMPUCATIONS: There are no budgetary implications. STAFF RECOMMENDATION: Staffrecommends approval of Ordinance 7-03.
ORDINANCE NO. 7-03 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO STANDING COMMITTEES BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Chapter 2.08 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended as follows: 2.08.010 Committees. At the first regular meeting following each biennial election, the mayor shall appoint three trustees to the following standing committees: community development, public safety, public works and utilities. Section 2. The following standing committee of the Town of Estes Park is abolished: light and power. Section 3. The Board of Trustees of the Town of Estes Park, Colorado, herewith finds, determines and designates that this Ordinance is necessary in order to immediately restructure the committees; and whereas, in the opinion of the Board of Trustees, an emergency exists, this Ordinance shall take effect and be in force immediately after its passage, adoption and signature of the Mayor. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2003, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2003. Town Clerk
MAYOR'S CERTIFICATE CONFIRMING APPOINTMENT OF DIRECTOR OF PLATTE RIVER POWER AUTHORITY I, John Baudek, hereby certify that I am the duly elected and qualified Mayor of the Town of Estes Park, Colorado (Estes Park) and that the Town Council of Estes Park has appointed Bill Linnane to serve as the Appointed Director from Estes Park on the Board of Directors of the Platte River Power Authority, said appointment to commence February 1, 2003, and expire December 31, 2003. IN WITNESS WHEREOF, I have executed this Certificate this day of February 2003. Mayor, Town of Estes Park Attest: Town Clerk