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PACKET Town Board 2006-05-23
(* 9 FidE t Prepared 5/15/06 364 4,3. h. 1 st: a::-7 TOWN OF ESTES PARK 24*,/9-093 4 1 7-~·.~~ ~'~~922%1,54.--:. -'...54.-Ii-FL:-74*,1 7 44....er I . 36; 27.-7. - . Tile Mission of the Town of Estes Fark le to plan and provide reliable, h10h-value services for our citizens, visitors, and employeee. We take Great pride eneurinG and enhancind the tuality of life in our community by beinG 000& etewarde of public reeourcee and natural settinG. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 23,2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 9,2006. 2. Bills. 3. Committee Minutes: A. Public Works, May 11, 2006: 1. Snowplow Dump Truck - $134,951 - Budgeted. 2. Bond Park Information Building - $10,000. B. Utilities, May 18, 2006: 1. Water Tap Fee Waiver - Habitat for Humanity - 671 Halbach Lane. 4. Estes Valley Board of Adjustment, May 2,2006 (acknowledgment only). 5. Estes Valley Planning Commission, May 16, 2006 (acknowledgment only). 6. Intent to Annex Resolution #8-06 - North End Storage Addition. Public Hearing scheduled June 27,2006. 4/ 11 4 . lA. 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: A. AMENDED PLAT 1. Boundary Line Adjustment, Lots 22 & 23, White Meadow View Place, Kirk Miller/Applicant. 2. Mary's Meadow Development, Lots 2,4, and Outlot A, Mary's Lake Replat of Mary's Lake Subdivision, Mary's Meadow Development, Inc./Applicant. B. SUPPLEMENTAL CONDOMINIUM MAP 1. Sundance Condominiums, Supplemental Condominium Map #4, Unit 8, Tract 69B of the 1St Replat of Tract 69, Fall River Addition, Brian Murphy, LLC/Applicant. 2. Mary's Lake Lodge 11 (MLL-2) Condominiums, Supplemental Condominium Map #1, Units 32 - 37, Lots 3A and 3B, Mary's Lake Replat of Mary's Lake Subdivision, CMS Planning &-Development and Ram's Horn Development Co./Applicants. C. PRELIMINARY CONDOMINIUM MAP 1. Mary's Meadow Condominiums, Proposed Lot 4A, Mary's Meadow Replat of a Portion of Mary's Lake Replat of Mary's Lake Subdivision, Mary's Meadow Development, Inc./Applicant. 2. Wonderview Village Condominiums, Metes and Bounds, Longs Peak Development/Applicant. D. FINAL CONDOMINIUM MAP 1. Streamside Condominiums, Phase I, Units 5, 6,7, 8,11,12,13,14, 15,16,17,20,21,22,23,24, & 25, Lot 1, Streamside Amended Plat, Streamside Cottages, LLC/Applicant. 2. The Pines Condominiums at Estes Park, Lot 2, Pine Knolls Subdivision, Pines Condominiums Development, Inc./Applicant. 2. ACTION ITEM: Mayor Baudek: Open the Public Hearing (A). The 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. A. Special Review 06-02, Horse-Drawn Carriage Concession, Downtown Estes Park, Tender Grass Carriage/Applicant. 3. REPORT: A. Presentation of Estes Valley Development Code Block 8 Amendments - First Reading: Changes to §4.4.D Additiona/ Zoning District Standards and §13.3 Definitions to allow outdoor ATMs/Computer Kiosks in the CD- Commercial Downtown zoning district. (Town Board Public Hearing will be held June 27,2006). 2. ACTION ITEMS: 1. BUILDING INSPECTION / PLAN REVIEW CONSULTING - REQUEST APPROVAL. Dir. Joseph. 2. RESOLUTION #7-06 - APPROVING THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE FROM CHARTER COMMUNICATIONS OPERATING. LLC TO ORANGE BROADBAND OPERATING COMPANY, LLC AND CAROLINA BROADBAND, LLC. Town Administrator Repola. 3. RESOLUTION #9-06 - APPROVING TRANSFER OF CBT WATER. Town Attorney White. 4. APPOINTMENT: ESTES PARK URBAN RENEWAL AUTHORITY. • Jim Cope replacing Al Wasson, completing a 5-yr. term, expiring 09/14/09. 5. SALES TAX REPORT. Dir. McFarland. 6. TOWN ADMINISTRATOR REPORT. 7. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. I .' A 4 hp LaserJet 3015 W I HP LASERJET FAX invent May-19-2006 9:40AM Fax Call Report Job Date Time Type Identification Duration Pages Result 710 5/19/2006 9:26:39AM Send 6672527 1:48 3 OK 711 5/19/2006 9:28:33AM Send 5869561 1:45 3 OK 712 5/19/2006 9:30:23AM Send 5869532 2:10 3 OK 713 5/19/2006 9:32:38AM Send 5861691 2:40 3 OK 714 5/19/2006 9:35:23AM Send 6353677 2:11 3 OK 715 5/19/2006 9:37:39AM Send 5771590 2:18 3 OK Town of Estes Park, Larimer County, Colorado, May 9,2006 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 9th day of May, 2006. Meeting called to order by Mayor Baudek. Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Wayne Newsom Also Present: Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney Absent: Chuck Levine, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. Mayor Baudek acknowledged Rob and Julie Pieper (Poppy's Pizza and Grill, Marna Rose's Restaurant) as the Estes Park Pride Award Business Persons of the Year for 2005. PUBLIC COMMENT Jim Austin, 1661 Windham Court, of the Firewise Coalition presented the Board with a copy of the notice to form a Rural Fire district in the unincorporated Larimer County. He thanked Randy Repola, Scott Dorman, Tracy Feagans and Greg White for their support. Pat Newsom, 450 Wonderview Avenue, invited everyone to a memorial service at the Estes Valley Memorial Gardens on Memorial Day at 11:00 a.m. Also, Mrs. Newsom shared positive comments she received from visitors while stationed at Tregent Park during the Duck Race: impressed with facilities, the new Visitor Center, benches along main street, location of restrooms, police use of Segways, the new shops, etc. Not one person mentioned the lack of parking or the road construction. She encouraged the residents of Estes Park to look at the Town with a new perspective. TOWN BOARD COMMENTS _ Trustee Blackhurst stated the Estes Park Housing Authority would hold its monthly th meeting in Room 203 at 8:30 a.m. on Wednesday, May 10 . He also invited the public to attend the Public Works Committee meeting on Thursday, May 11 th in the Board Room at 8:00 a.m. Mayor Baudek stated the Arbor Day Foundation has named Estes Park Tree City USA for 2005. The Mayor welcomed all to the celebration of Arbor Day beginning at the Middle School on May 12th at 10:00 a.m. and continuing at the Senior Center at 11:00 a.m. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 25,2006. Board of Trustees - May 9,2006 - Page 2 2. Bills. 3. Committee Minutes: A. Public Safety, April 27,2006: Police Department 1. Customer Service Training - Griggs Achievement Academy - $9,600. 2. Police Department Policy Manual Updates. 3. Clancy Parking Systems Inc. - Contract. B. Community Development, May 4,2006: Convention and Visitor Bureau 1. CVB Retail Policy. 2. CVB Distribution of Non-profit/Community Event Information Policy. 3. Stanley Park Fairground 2006 Renovations - $188,430 Community Development: 1. Development Review Re-submittal Fee Policy. 2. Sign Permit Fee Waiver - Mrs. Walsh's Garden. 3. Extension of FOSH Agreement. 4. 2006 Christmas Parade Contract. It was moved and seconded (Newsom/Homeier) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wishes to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. EASEMENT VACATIONS A. Vacation of Water Line Easement, Lot 5, Village Acres, Dirk Knobel/Applicant. B. Vacation of Water Line Easement, Tract 56B of the Replat of Tract 56, Amended Plat of Lot 2, Deer Crest Subdivision and Tracts 56 & 57, Fall River Addition, James & Marlene RichtedApplicant. C. Vacation of a Portion of Utility Easement, Lot 2, Chiquita Subdivision of Lot 130, Al Fresco PIace, Ginger Tackman - Prudential Team Real Estate/Applicant. It was moved and seconded (Pinkham/Blackhurst) the Planning Commission Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. 1St QUARTER FINANCIAL REPORT. Dir. Mcfarland reviewed the first quarter financial report including the General Fund, Sales Tax, Investments and detailed information on the Light & Power and Water Funds. He explained the 2006 budget information does not balance to the 2006 Summary and Detail Budget due to the rollover of encumbrances that increased the budget expenses for 2006. The projected fund balances for December 2006 would not change. Board of Trustees - May 9,2006 - Page 3 2. ESTES VALLEY LIBRARY DISTRICT APPOINTMENT. Library Dir. Perrault requested the appointment of Amy Hamrick, to replace Diane Jordan on the Library Board and complete a 4-Year Term, expiring 12/31/09. Mayor ProTem Pinkham stated Ms. Hamrick would bring a fresh approach and a nice addition to the Board. It was moved and seconded (Pinkham/Homeier) to approve the Library Board appointment, and it passed unanimously. 3. TREE BOARD APPOINTMENTS. Sue Doylen to replace Zach Wheatley and Bruce Kane to replace Keri Iverson and complete 4-Year Terms, expiring 04,·'30/08. It was moved and seconded (Newsom/Blackhurst) to approve the Tree Board appointments, and it passed unanimously. 4. TOWN ADMINISTRATOR'S REPORT. • Bond Park to be completed by Memorial Day. Last Fall the Parks Department corrected drainage and upgraded electrical and irrigation throughout the park. Topsoil, sod and pathways will be completed the week of May 15th. A small visitor information building will be requested at the next Public Works Committee to be placed in Bond Park for the 2006 season. • A Town Board Study session will be held on May 17, 2006 in the Board Room to review current projects (Trails, Stanley Park, Fire District, Performing Arts Facility), financial overview of the General Fund, Community Reinvestment and utilities. The Board retreat will be held on June 6th at the Museum to develop a strategic plan. • Fall River Road construction continues with the first layer of asphalt completed. The estimated completion date is July 4th. 5. 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 question: Chamber of Commerce Lawsuit. Motion: It was moved and seconded (Pinkham/Blackhurst) the Town Board go into Executive Session for a conference with Town Attorney White for the purpose of receiving legal advice on the specific lawsuit listed above, under C.R.S. Section 24-6-402(4)(B), and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 7:37 p.m. Mayor Baudek reconvened the meeting to open session at 8:04 p.m. and as there were no further agenda items the meeting was adjourned at 8:04 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 11, 2006 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 11th day of May, 2006. Committee: Chairman Levine, Trustees Blackhurst and Homeier Attending: All Also Attending: CVB Director Pickdring, Town Clerk Williamson, Public Works St*t. Mahany Absent None Chairman Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. SNOWPLOW DUMP TRUCK REPLACEMENT (G87) - REQUEST APPROVAL. Supt. Mahany stated the Street Department requests the replacement of vehicle G87 - 1989 International 4X4 Snowplow Dump Truck. This vehicle has 17 years of service and 70,100 miles. The Street Department would like toburchase a new Snowplow Dump Truck and sander. Vehicle G87 is within the Town's vehicle replacement parameters (Type 6). This truck type was bid by the State for 2006 State Bid Award - the State Bid was awarddd to International Truck and Engine Corp. International Truck & Engine Corp. (Aurora, Co.) 2006 International 7400 4x4 - Snowplow Dump Truck w/sander $150,251 Trade-in (G87 - 1989 International 4X4 Snowplow Dump Truck)... -$15,300 State Bid Price $134,951 Staff recommends trading in the 1989 International Snowplow Dump Truck (G87) and purchasing a new 2006 International 7400 4x4 Snowplow Dump Truck with sander from International Truck & Engine Corp. of Aurora, Co. for a cost of $134,951. The Committee recommends approval to purchase the budgeted snowplow dump truck as outlined above at a cost of $134,951. BOND PARK INFORMATION BUILDING - REQUEST APPROVAL. Dir. Pickering stated the police seasonal employees have been reduced from 5 in 2005 to 3 in 2006. In the past these seasonal employees have provided visitor information downtown during the summer months; therefore, the CVB has hired 2 seasonal staff members to work in the downtown area to provide visitor information Thursday through Sunday. Staff approached local vendors to solicit bids for the purchase of' a prefabricated building to use as an information facility to house staff and no bids were received. Rocky Mountain Storage Barns, Inc. could provide a 160 sq. ft. (10X12 with 4' Porch) building that would be placed in Bond Park at a cost not to exceed $10,000. The unfinished building would be completed locally with slat board to hold brochures and other local information and would be placed approximately were the current bike rack sits in Bond Park. This structure will not be placed permanently until a location and functionality can be established. Committee members comments and questions were heard and summarized as follows: recommend the structure be insulated and wired prior to installation of slat board; does the building meet fire codes; the building should be paid for through cost savings in Public Works and the seasonal staff paid for through cost savings in the Police RECORD OF PROCEEDINGS Public Works Committ#e - May 11, 2006 - Page 2 Department; staff to hand out only informational items; would other event tickets be sold at this location; seasonal rstaff should keep track of total number of visitors using the location; an excellent service for the visitors. Dir. Pickering stated the building would comply with the building codes except for the use of stakes to secure the structure instead of a concrete pad due to the temporary nature of the structure. If the service ii 'well receivdd, the building will be placed permanently with appropriate footings and electrical. This item was not a line item in the 2006 Budget; however the reduction in police seasonal staff is adequate to pay for the building. Staff recommends the Police Department budget (#101-2100-421-11-02 and 11-03) be reduced by a total of $10,000 and a like dmount to be expended under the government building account (#101-1700- 417-32-21) for the building. The Committee recommends approval to purchase and place an information building from Rocky Mountain Storage Barns, Inc. at a cost not to exceed $10,000 with budget line items for the building and seasonal staff determined prior to Town Board. REPORTS. 1. Wooden Street Signs. f A Non-Profit organization will be contacted to sell the signs with money raised benefiting the organization and the tunnel project for the placement of the tiles. 2. · Street Signs. This.year's focus will be the downtown core area. The same seasonal staff will be hired to place the new signs. A different vendor has been selected to provide brackets' for the signs. Staff has had difficulty with signs falling off and twisting due to the wind. 3. Bond Park Update. Dirt has been hauled in with half the work completed. If the remainder of the earthwork can be completed this week the sod will be laid on th Monday, May 15 . Plastic edging and recycled asphalt will be laid for the walkways. There being no further busiriess, Chairman Levine adjourned the meeting at 8:40 a.m. / 1 Jackie Williamson, Town Clerk # I. 1 ' RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 18, 2006. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 18th day of May, 2006. Committee: Chairman Homeier, Trustees Newsom and Pinkham Attending: All Also Attending: Town Administrator Repola, Utilities Superintendent Goehring, Finance Director McFarland, Deputy Town Clerk Schares Absent None Chairman Homeier called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. LIGHT & POWER DEPARTMENT Santa Card Shop Christmas Displav - Request Approval to Solicit Bid. Staff recommends approval to solicit a bid from Signs of Life to replace the existing Santa Card Shop display. Signs for Life refurbished the Santa Claus display last year and is the sole source in Estes Park for the type of refinish that was done. Following discussion, the Committee directed staff to solicit at least one other bid and return to Committee for approval. Staff estimates it could take approximately two months to gather the additional. Habitat for Humanitv Water Tap Fee Waiver - Request Approval. Supt. Goehring explained Habitat for Humanity is requesting a waiver of the single-family residential water tap fee for 671 Halbach Lane. Town contribution for the construction of the home is substantial in making the homes affordable. The tap market value is estimated at $7,600. The Town has waived tap fees for non-profit groups in the past. Habitat for Humanity has agreed to reimburse the water tap fee if the home is sold on the open market within the next 10 years. The Committee recommends approval of the Habitat for Humanity water tap fee waiver for 671 Halbach Lane as requested. Charter Communications Cable Agreement - Transfer of Ownership - Request Approval. Town Administrator Repola stated an existing franchise agreement with Charter Communications is set to expire in 2008. Charter Communications intends to sell its local cable operation to Orange Broadband. Orange Broadband is requesting a three- year extension of the existing permit. For consideration of the extension, staff has requested that Orange Broadband provide coverage of the regular Town Board meetings, as well as Planning Commission should we elect to televise the meetings. Staff has also requested Orange Broadband provide customer service metrics that will show their ability to respond to customer inquiries and concerns. , RECORD OR PROCEEDINGS Utilities Committee - May 18, 2006 - Page 2 Carol Thompson, Charter Communications, stated the term of the extension that Orange Broadband is requesting is three years from the closing, expiring in 2009. Town Administrator Repola explained Town Attorney White id reviewing the terms of the agreement and will report the findings at the May 23,2006 Town Board meeting. Staff recommends approval of the cable television franchise agreement transfer. The Committee recommends approval of the Cable Television Franchise Agreement transfer of ownership from Charter Communications to Orange Broadband. Reports 1. Light and Power Dept. Financial Report - Dir. McFarland reviewed the report. 2. Water Dept. Financial Report - Dir. McFarland reviewed the report. Supt. Goehring stated Platte River is possibly lowering the wind energy rates. Staff will review the affect on customer rates. Town Administrator Repola stated the Light and Power account types are being reviewed to see if the number of account types can be decreased. There being no further business, Chairman Homeier adjourned the meeting at 8:47 a.m. Suzy Schares, Deputy Town Clerk 4 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment May 2,2006,8:00 a.m. Board Room, Estes Park Town Hall Board: Chair Cliff Dill; Members Chuck Levine, John Lynch, Wayne Newsom, and Al Sager; Alternate Member Jeff Barker Attending: Vice-Chair Levine, Members Lynch, Newsom, and Sager Also Attending: Director Joseph, Planner Chilcott, Town Clerk Williamson Absent: Chair Dill, Alternate Member Barker, Recording Secretary Roederer Vice-Chair Levine 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 Ait The minutes of the March 7,2006 meeting.4/XS r 6/ It was moved and seconde~(Nev~(®/Lynch) that the Consent Agenda be approved, and the motion passed unanimously with one absent. V 2. LOT 3, MARY'S LAKE SUBDIVISION, 2625 Marv's Lake Road, Applicant: Don Debev - Variance request from Estes Valley Development Code Section 4.4, Table 4-5, to allow the decks of Units 10A and 10B to be located 0.4 feet from the propertv line, to allow the decks of Units 11A and 11 Bto be located 8.4 feet from the propertv line, and to allow the decks of Units 12A and 12B to be located 13 feet from the propertv line in lieu of the 15-foot side-vard setbacks required in the A-Accommodations zoning district Planner Chilcott reviewed the staff report. She stated this is a request to allow the building and decldpatio on Units 10A and l OB to be located 0.4 feet from the side property line, to allow the decldpatio on Units 11A and 11B to be located 8.4 feet from the side property line, and to allow the dectdpatio on Units 12A and 12B to be located 13 feet from the side property line. If approved these variances would allow the unit owner to improve views from the units and would provide more options for redesign of the proposed parking lot immediately to the west of these units. There are special circumstances associated with this lot in that Units 10A through 12B border a narrow, non-buildable section of the adjacent lot (Lot 3B, Mary's Lake RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 May 2,2006 Replat) that is dedicated as a utility, slope arid drainage easement. These two lots, along with Lot 3A of the Mary's Lake Replat, function as one lot in terms of site design though Lot 3 is governed by a separate condominium unit owners association than Lots 3A and 38. If the Mary's Lake Lodge Unit Owners' Association (Lot 3) and MLL-2 Association (Lots 3A & 3B) eventually merge, the shared lot lines could be vacated and the proposed units would comply with the minimum required setback; however this requires 100% approval of the unit owners. Currently 100% approval cannot be obtained. The essential character of the neighborhood will not be substantially altered and that adjoining properties will not suffer a substantial detriment as a result of the variance. The Mary's Lake Lodge Owners' Association president has submitted a letter stating the Board supports the variance. The owners of 2800 Kiowa Trail are also supportive of the variance. This ' request was submitted to all applicablp reviewing agency staff and to neighboring property owners for considerat~n~nd comment. Comments were received from Town of Estes Park Public Wo}#d'Ddka#ment, Town Attorney White, Upper Thompson Sanitation Distnct. Mary's-Ldke Lodge Unit Owners' Association President, and Joe and Debbi~Age. Public Comment: .. Don Debey, owner of Mary's Lhke L 3 and Lots 3A and 38, stated moving Unit ./C . 10A and 10B north would lower MS.Dwilding elevation by 2 feet, enhance the units accessibility to the parking lot and"lfhe trail to the pool area, widen the fire lane, increase the decks for the units, and allows views of the buildings to the southeast to be maintained. Property adjacent to the units is non-buildable. Mr. Debey clarified the intent of the Board of Directors is to combine the 3 lots and therefore the HOAs as soon as 100% of-the unit owner approval can be obtained. Currently there are a couple of unit owners that'~ disapprove. He informed the Board that all utilities, except sewer lay to thd south of the units. The sewer main serving these units is located on north side of Lot 3B. Member Levine stated this request allows a .structure to abut a property line. He understands the lots may be combined in the future and, the current ·property line would no longer exist; however the variance request must be judged based on the current conditions. He also stated that Units 10A and B would not be in the setback if built to the original · development plans approved and only the decks would encroach into the setback. , Planner Chilcott suggested the current lot lines have little overall meaning to the site due to crossover easements on the lots and the lots function as one lot except for DRAFT //luit RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 May 2,2006 the separate HOAs. She does not foresee a problem in the future were the Board supported this request to build up to the property line. She stated this is a special circumstance. It was moved and seconded (Newsom/ Sager) to approve the variance request for Lot 3, Mary's Lake Subdivision, to allow the building and the decks of Units 10A and l OB to be located 0.4 feet from the property line, the decks of Units 11 A and 11Btobe located 8.4 feet from the property line, and the decks of Units 12A and 12B to be located thirteen feet from the property line in lieu of the fifteen-foot side-yard setbacks required, with the findings and conditions recommended by staff, and the motion passed unanimously with one absent. CONDITIONS: 1. Submittal of a detailed site plan demonstrating compliance with the comments in Greg Sievers' April 26,2006 memo. 2. Vacation of the section of utility easemerft ~10 which the decks/patios would encroach. K> 3. A registered land surveyor shall set th~sliNay&takes for the building foundation forms. After the footings are set, an¢~brio~~56uring the foundation, the surveyor shall verify compliance with,the. var.Lance and provide a setback certificate. Setback certificates shall also be submitted for the decks and patios. V 3. REPORTS None. There being no further business, Vice-Chair Levine adjourned the meeting at 8:45 a.m. Chuck Levine, Vice-Chair Town Clerk Williamson DRAFT RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission May 16, 2006, 1 :30 p.m. Board Room, Estes Park Town Hall Commission: Chair Edward Pohl; Commissioners Wendell Amos, Ike Eisenlauer, George Hix, Betty Hull, Joyce Kitchen, and Doug Klink Attending: Vice-Chair Hull, Commissioners Amos, Eisenlauer, Hix, Kitchen, and Klink Also Attending: Town Attorney White, Town Board Liaison Homeier, Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Roederer Absent: Chair Pohl Vice-Chair Hull called the meeting to order at 1:30 p.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. 1. CONSENT AGENDA a. Estes Valley Planning Commission minutes dated April 18,2006. b. Preliminary Subdivision Plat, Hallett Heights Subdivision, A Portion of Section 35, T5N, R73W of the 6~ P.M., 1836 Mary's Lake Road, David & Diane Caddell, Applicant: Continue to June 20, 2006 Estes Valley Planning Commission meeting per applicant's request. It was moved and seconded (Eisenlauer/Klink) that the Consent Agenda be accepted and the motion passed unanimously. 2. PUBLIC COMMENT Robin Smith of 1850 Mary's Lake Road addressed the Commissioners regarding the desire of six property owners in his neighborhood to rezone their lots from A-1- Accommodations to single-family-residential zoning. He presented copies of a letter explaining the request that were signed by the property owners concerned. Director Joseph explained the need to apply through the formal process for rezoning. 3. TRAILS COMMITTEE PRESENTATION No representative of trails committee was present at the meeting. 4. PRELIMINARY SUBDIVISION PLAT, Silver Tree Subdivision, A Portion of the SE 14 of the SE 1/4 of Section 35, T5N, R73W of the 6~h p.M., North of Little Prospect Road, Applicant: CMS Planning & Development Planner Shirk reviewed the staff report. He stated this is a request to subdivide a thirty-nine-acre parcel zoned RE-Rural Estate into four single-family residential lots and one non-buildable outlot. The Estes Valley Land Trust holds a Deed of Conservation Easement on the property that limits development to four lots. The proposed 18.5-acre outlot, which would be owned and maintained by a homeowners' association, was proposed as an amenity to future homeowners to provide shared access to the rock outcrops at the top of the parcel. Submittal of an amended conservation easement to allow a fifth lot (the outlot) would be required prior to recordation of the final plat. The open-space lot is not required by the Estes Valley Development Code (EVDC); if the applicant is unable to obtain approval from the Land Trust to add the outlot, the final plat design would eliminate the outlot and extend the four single-family property lines to the eastern property line. DRAFT RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 May 16, 2006 The proposed lots comply with the lot-dimension and configuration standards in the EVDC. The parcel is steep and contains rock outcroppings; a limits of disturbance is proposed that will keep future development on the lower portion of the hillside and complies with the limitations set forth in the conservation easement, which limits each building envelope to an area no greater than three acres in size. Tree and vegetation protection standards apply. An eight-inch water main will be extended from Mary's Lake Ridge Subdivision and a fire hydrant will be installed at the end of the water main. Fire Chief Scott Dorman has agreed to a "hammerhead" turnaround atthe end of Silver Tree Lane rather than the traditional cul-de-sac;'this design will minimize cut and fill on the property while allowing room for fire trucks to turn around. A new sewer main will be extended to the west, through the proposed Hallett Heights Subdivision on an · adjacent property. This design minimizes overall site disturbance. If the proposed Hallett Heights Subdivision is not finalized and recorded, the sewer system will need to be redesigned so the main would go through Lot 3 of Mary's Lake Ridge Subdivision. Silver Tree Lane will be extended 110 feet to the north to serve the lots and will be a privately maintained public road built to public-road standards. The proposed residential lots will share a common private driveway that will extend north from the end of Silver Tree Lane. The driveway will be shared through private access easements. The shared driveway meets the technical requirements of the EVDC, as well as the purpose and intent of the Code to minimize driveways. The lot owners will need to join the maintenance association · for Silver Tree Lane and d joint driveway-maintenance agreement must be submitted. This request was submitted to all applicable reviewing agency staff And to neighboring property owners for consideration and comment. Comments were received from Town Attorney Greg White, the Town Public Works Department, Upper Thompson Sanitation District, Colorado Geological Survey, Larimer County Emergency Services Specialist Tony Simons, the Estes VAlley Land Trust, Larimer County Engineering Department, Larimer County Department of Health and Environment, and Larimer County Planning' and Building Department. No written comments were. received from neighbors. The site is within mapped "steep slope" geologic and wildfire hazaRI areas. Comments from the Colorado Geological Survey recommend that a rock-fall investigation be conducted to determine the fall-out zone of potential rock fall so that the proposed building envelopes are located outside that zone. Any necessary changes should be shown on the final plat. The Larimer County Emergency Services Specialist suggested that A forest management plan be submitted with the final plat and approved prior to final recordation. Criteria for the plan are established in the EVDC. Public Comment: ' Frank Theis, President of CMS Planning & De*elopment, stated all of the proposed lots have services available and good access. The outlot was proposed based on preliminary discussions with representatives of the Land Trust; he stated his willingness to remove the proposed outlot if the Land Trust does not agree to amend the conservation dasement. Commissioner Amos emphasized that the Land Trust easement limits development to four lots and stated that he could not support the applicant's proposal of five lots, as subinitted. Neighboring property owner Robin ' Smith, 1850 Mary's Lake Road, requested information about the driveway Accdss easement. Planner Shirk stated it is a fifty- foot-wide Access easement and th¢ driveway can be placed anywhere within the DRAFT RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 May 16, 2006 easement. Mr. Theis stated neighboring property owners had indicated in conversations with him that they did not want the driveway placed right on the property line. He stated his intent to place the driveway as high within the easement as possible, given the terrain. He also noted that he has agreed to allow neighboring property owners to access the water main without asking them to participate in cost sharing for the main. It was moved and seconded (KlinldHix) to recommend approval of the Preliminary Subdivision Plat, Silver Tree Subdivision, A Portion of the SE 1/4 of the SE 14 of Section 35, T5N, R73W of the 6th p.M., to the Board of County Commissioners, with the findings and conditions recommended by staff, and the motion passed with one absent. Those voting YES: Eisenlauer, Hix, Hull, Klink. Those voting NO: Amos. Those abstaining: Kitchen. CONDITIONS: 1. A rock-fall investigation shall be conducted prior to final platting, and proposed building envelopes amended as needed. 2. A forest management plan shall be submitted with the final plat and approved by the Larimer County Emergency Services Specialist prior to plat recordation. 3. These lots shall be included in the maintenance association established with the Mary's Lake Ridge subdivision. Verification of this shall be submitted with the final plat mylars. 4. A joint maintenance agreement for the common driveway shall be submitted for recording with tlie final plat mylars. 5. An amended Deed of Conservation Easement shall be submitted with the final plat mylars. If this amended deed is not submitted, the plat shall be amended to extend the four residential lots to the eastern lot line. 6. Compliance with comments 4 through 10 of the memo from Greg Sievers to Dave Shirk dated April 24,2006. 5. PROPOSED CHANGE TO ESTES VALLEY DEVELOPMENT CODE SECTION 5.B.2.d TO ALLOW FAMILY HOME DAY CARE PROVIDERS TO EMPLOY ONE ASSISTANT ON SITE Planner Shirk stated childcare advocate Janice Newman had sent an email to the Community Development Department outlining her concerns regarding lack of home daycare available for local children and the impact of EVDC regulations that prohibit an employee in home-occupation settings. He presented a rough draft of the proposed changes shown underlined below. He requested input from the Commissioners on these proposals and other issues regarding the employment of one assistant in a home daycare, including the increase in trips per day generated by the additional children that would be allowed in a home-daycare setting if employment of an assistant is allowed, allowing outside activity (currently prohibited by EVDC), allowing an employee only for the care of infants/toddlers, requiring a minimum lot size, and objections that may be raised by neighboring property owners where access to the daycare crosses private property. Discussion among the Commissioners and Planning staff followed on these topics. §5.2.B Accessory Uses/Structures Permitted in the Residential Zoning Districts. 2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts.. d. Home Occupations. (3) Employees: No one other than a resident of the dwelling shall be employed on site, report to work at the site, or pick up supplies or products on site in the conduct of a home occupation. This prohibition also applies to independent contractors. (Ord. 15-03 #1) DRAFT RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 May 16, 2006 Family Home Dav Care providers who comply with the State of Colorado and the Colorado Department of Human Services rules and regulations mav have one assistant. (6) Parking/Vehicles/Traffic: (d) Familv Home Dav Care providers who comply with the State of Colorado and the Colorado Department of Human Services rules and regulations mav have twenty (20) trips per dav. Public Comment: Janice Newman of Estes Valley Investment in Childhood Success addressed the Commissioners on the topics listed above and requested their support for changes to the development' code to allow home daycare employees, particularly because of the need for additional daycare in the Estes Valley and the increased safety that would be provided by a daycare assistant. Given the Commissioners' input, Planner Shirk agreed to redraft the proposed changes and present them at the June 20,2006 Planning Commission meeting. 6. REPORTS None. There being no further business, the meeting was adjourned at 2:31 p.m. Betty Hull, Vice-Chair Julie Roederer, Recording Secretary DRAFT .. Town Clerk's Office Memo TO: Honorable Mayor Baudek Board of Trustees From: Jackie Williamson Date: May 19, 2006 Subject: Consent Item #6 - North End Storage Addition The Board passed Resolution #6-06 on April 11, 2006 to set the public hearing for the annexation of the North End Storage Addition on May 23, 2006. State statute 31-12-108 requires a "Notice" be published once a week for four successive weeks for the proposed annexation. Publication as required by the statute did not occur; therefore, a new hearing date must be set. Resolution #8-06 sets the new hearing date for June 27th with publications to occur on May 2601, June 2nd, June gth and June 16th. 1 j j RESOLUTION NO. 8-06 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys, and any land owned by the annexing municipality. Such area, if annexed, will be known as " ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A portion of the NW1/4 of Section 20, T5N, R72W of the 6th P.M., Larimer County, Colorado being more particularly described as commencing at the Wl/4 corner of said Section 20 as monumented by a BLM brass capped pipe and with all bearings contained herein being relative to the west line of said NW1/4 considered as bearing N01°31'28"E; thence N01°31'28"E a distance of 326.64 feet; thence S89°59'36"E a distance of 705.57 feet; thence N00°02'58"E a distance of 41.70 feet to the TRUE POINT OF BEGINNING: Thence NOO°02'58"E a distance of 258.74 feet to the south line of the Bosan Addition to the Town of Estes Park, Colorado; Thence 689°55'59"E a distance of 381.77 feet along the south line of said Bosan Addition to the westerly line of the Vista Ridge Addition to the Town of Estes Park, Colorado; Thence S18°16'10"W a distance of 316.24 feet along said west line; Thence N89°56'13"W a distance of 28.57 feet along the southerly line of said Vista Ridge Addition; Thence along the northerly right-of-way line of Wildfire Road (refer to deed of dedication recorded in book 1899 at page 114) a distance of 258.40 feet along the arc of a curve concave to the southwest, said curve has a delta angle of 14°22'27", a radius of 1,030.00 feet and is subtended by a chord which bears N80°37'32"W a distance of 257.73 feet to the TRUE POINT OF BEGINNING; Containing 2.138 acres, more or less. 1 j IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board Public Hearing shall be held Tuesday, June 27,2006 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall 'give the notice of the hearing as provided in Section 31-12-108(2),'C.R.S. •1 r DATED this 23rd day of May, 2006. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ' Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner 936 Date: May 23,2006 Subject: White Meadow View Place Amended Plat Background. This is a request to adjust the common interior lot - line between Lots 22 and 23, White Meadow View Place 7K g - - Addition. The existing house on < Lot 23 (the western lot) currently 1 5 .h encroaches onto Lot 22. The ~ 92 1 m property owner wishes to sell the Pn,]defusa ' \ A Ponder¢sa J f-ll- property, and is proposing to amend the plat to move the .-. property line rather than remove - the encroachment. This --~ proposal will not create any --- additional lots, and will leave Lot It 22 with enough land area for building a single-family dwelling. Budget. N/A Action. At their regularly scheduled April 18, 2006 meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of the proposed Amended Plat of Lots 22 and 23, White Meadow View Place Addition CONDITIONAL TO: 1. Compliance with Town Attorney White's memo to Alison Chilcott dated March 23, 2006. 2. Compliance with EPSD memo to Dave Shirk dated March 15, 2006. 3. Easements shall be dedicated for service lines that cross Lot 22A and 23A to provide service to other lots. eAv uadsK Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: May 18, 2006 Subject: Mary's Meadow Replat, Lots 2,4, and Outlot A, Mary's Lake Replat of Mary's Lake Subdivision, Mary's Meadow Development, Inc./Applicant Mary's Meadow Condominiums, Proposed Lot 4A, Mary's Meadow Replat of a Portion of Mary's Lake Replat of Mary's Lake Subdivision, Mary's Meadow Development, Inc./Applicant Background. The applicant, Mary's Meadow Development, Inc., has submitted the above-referenced applications for property located between Mary's Lake Road and the Kiowa Trail extension, which is currently under construction. A location map is attached. The Mary's Meadow Replat is an amended plat application to consolidate three lots, Lots 2,4, and Outlot A of the Mary's Lake Replat, into two lots, proposed Lots 2A and 4A. The total land area is approximately 7.8 acres. Proposed Lot 2A is approximately 2.7 acres and proposed Lot 4A is approximately five acres. All three existing lots are zoned "A" Accommodations/Highway Corridor. No change in zoning is proposed. Mary's Meadow Condominiums is a preliminary condominium map application for proposed Lot 4A. On April 18, 2006, Planning Commission approved a development plan application for this property to construct thirty-five multi-family residential units on proposed Lot 4A and recommended approval of a preliminary condominium map, which would allow sale of the units into individual ownership. Multi-family-residential use is a use by right in the "A" Accommodations/Highway Corridor zoning district. Budget. None. 1 Action - Mary's Meadow Replat. Approval -of the Mary's Meadow Replat with the Planning Commission's findings and recommended conditions of approval and compliance with theterms of the cost-sharing development agreement prior to map recordation. Action - Mary's Meadow Preliminary Condominium Map. Approval of the Mary's Meadow Preliminary Condominium map with the Planning Commission's findings and recommended conditions of approval. ' I . • Page 2 0 a) cl €0 ./ .. "bi42 M C . 0 000. 0 N -1-1-10 -1 3 Em F ~54 :825 :10 liE:! N ZI : il i e it 4 M :5 44' i !1 i ·- t: 3,901!d i 4 2 115 - 1 i, -3. m: '11 02" 1, gifii 4 Izi !64 - 42 44 • 2 5 M i 4 0 D ;il fli 6 Fi 8:F * 1. 0 § ¢ -0.--.-/I- 9- 1 5 A jp 3.. :- po ,: 1 /7/** 11 i# i, ;if ~4 M W 22*X-:.6 4 * 2= 20W 0 // \ 9 f ii !11 li lii ilifi m 'ili Eil*ii mi i~ l iti M =NO :bl#b~E ® 2/ I/ :5~ '' 2-2 //»0 1 S 2> CO g .3 2 8 4, ~46 %' f ~ / Wd?,0-, VE 'll 8 :ii: .1.- ' ,»- 4- N -- h 3,46 1 118% ., i J 1, = t.97 . 11 ; {4" 11 1 11 -,/'li: / , C ~ N 0 4 0' f FF# -1 $ u /8-1~'. irill ~ e g k 0 W 1/ / JA 4 4..O 2 7 9.- ... 2 ¤ 2 co 0 1 , ... i ' 1 11 2 . 1 1, 4~4 (,A*Co lili I (f{ 4 (D / /11.. 0 P 0 I ,# -~ CO E .3. e ' ' ;-N ?9 -i ~ i ,. 4 '' *h :fi,//,-'' m. 8:0 :g f~t i -1 '* -,/1 4{~ 13-1--4:,i 344- --4 1-1 lizz=.....53 k CE 49 4 \ /K- ,-ilp...2 1 1 1 - /0 \15 5 4 W ''-''a ../1-02: 14*, S.*~~1 .. =qU-- * -#934 6 It K i - - li ~--,-4--r&~~~~)*-*~- r~\ 34,0 10 ~ 1-'s''*~ - -0 . q,6 1/...1 ,% 11_.24©t € <40". I 4//S. ... 2 Fol - a ilk - 4 ' 01 4# ti k.>: 8 Lv-*:- 1 H . cf'al .0,:[ AJE[0 a w 42* 4 4 0 0 9/ 97 8 0 6 46 1 2092 0 1 4123,4, 29/ P 9 1% Sil .9,23#X !1 + 1, 830 acres acres 2.734 acres Lot 4A: 5.062 H. AND -S SURVEYORUS NOTES· ----,93---r,TO 44 + ''i MarU' s Meadou) Replat ..1 *t of Lots 2, Outlot A of a Portio ownship 4 -ED -0»WAnON ¥O I VACA'. *elde21 MopeeliW s,hieWOI * Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: May 18, 2006 Subject: Supplemental Condominium Map #4, Sundance Condominiums, Unit 8, Tract 69B of the 1 st Replat of Tract 69, Fall River Addition, Brian Murphy, LLC/Applicant Background. The applicant, Brian Murphy, LLC, has submitted a supplemental condominium map application for Sundance Condominiums on Tract 69B of the First Replat of Tract 69, Fall River Addition. Supplemental Map #4 consists of one unit, Unit 8, addressed 1450 Sierra Sage Lane. The final map is consistent with the approved development plan. This is a 6.77-acre lot, zoned "RM" Multi-Family Residential. Ten residential units are shown on the preliminary map, and this is the fifth unit to be condominiumized. At the February 28,2006 meeting, the Town Board approved the third supplemental map for Sundance Condominiums. Budget. None. ROCKr UOUNT. 4 14/JK»61 PARK 63UNO,1~r . ~ ·- Action. Approval of the Sundance Supplemental 33*(br·· ™7£L*.ba_:_ ' · ~ 8 Condominium Map #4 application conditioned on 4-1"kER-e---€~~--~~ 25OF:tr<~ 4-r-r-- compliance with Greg White's comment #1 in his ~ ~~*EiI May 9, 2006 memo; provision of measurements -~1[COJ' 1 L.-L=-Ldp LX /Trt F r for the LCEs; and Carroll and Lange, the f surveyor, obtaining a business license if required. .1 - 4 l' IT.5 1 I'lilli VICINTY MAP ' ·-:RY- ·ti +it· t'/ Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: May 18, 2006 Subject: MLL-2 (Marys Lake Lodge Il) Supplemental Condominium Map #1, Lots 3A and 3B, Mary's Lake Replat of Mary's Lake Subdivision, CMS Planning and DevelopmenVApplicant Background. This is a request for approval of a supplemental condominium map application for property located at 2625 Marys Lake Road. The property is located on two lots, Lots 3A and 3B of the Mary's Lake Replat. Both lots are zoned "A" Accommodations/Highway Corridor. This map condominiumizes six units on Lot 3B, Units 32 through 37. On January 10, 2006, Town Board approved a final condominium map application for these two lots. Development is consistent with approved Development Plan #00-07B. Pritimin,01, V,Liy . irit. A'.Ph, Budget. VS£ 0 p,2:01 W;„27;~ihip 4 1 1-- _ -: 4 Let. 2 4.5 • 0•11/1 A 4 None. P. Ar- Of E:'.s Park. Cous!/ 1- 7-2 1-2- - Aorth Rar.ge 7.1 Ve„ 4 thi Al ... 4 Lar,me, 524, 03 Co"Nd, ~ 52't ·-- - -7& - 2-211·24%32,-- - .- 't r i p ·~·L Action. .'-·· £*·.'CE*al'Q.iy- \ Approval of the condominium map *Ingle-Family t f A - A' Lot 2 application conditioned on (1) compliance •F LOT 31 :€ D with the comments in Greg White's memo -=.1 dated May 8, 2006; (2) inclusion of the - n 43 Lot 7 *fl</pe reception number in Surveyor Note #3; (3) ge?'10/C' r 40,~' SF . '. . Lot ~ removal of the note about vacation of a Lot i . 4.0 non-exclusive access easement; and (4) LOT SA ~ mngle-Fam!4 minor labeling corrections noted in Alison 9, m¥99 -3,14 ~ Subdivislon 6, Kiow. Ridge Chilcott's May 3,2006 email. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner '32,)5 Date: May 23,2006 Subject: Wonderview Village Preliminary Condominium Map Background. The Planning Commission \ 411/ 1 41_**~ approved the Wonderview Village ~ ~€2 1 1 Development Plan (DP 05-07) on October _3041-_1_----~--------- \ 18, 2005. That approval provided for -1::107...~ Wonderview Ave ___n I seventeen units, with construction to begin this spring (some preliminary ground work 7~ED:. u·-- .1\ has begun). The condominium map is - , ay consistent with the approved development IIi. N\\ \ 96 - \ 9 plan, and will allow for individual sale of the 1 1 Ly/' ™\\\Ek \ units. , <-1 Budget. N/A 1 //1 1 A v--3- / ~--~EN Action. At their regularly scheduled April 18, 2006 meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of Wonderview Village Preliminary Condominium Map CONDITIONAL TO: 1. Compliance with Town Attorney White's memo to Alison Chilcott dated March 23,2006; 2. Compliance with Light and Power Department and Water Department comments found in the memo from Public Works to Dave Shirk dated March 28,2006; 3. Ten foot wide utility easements shall be platted around the perimeter of the lot; 4. Proposed utility service lines shall be delineated; 5. The map shall include a pedestrian easement covering the proposed sidewalk locations; 6. The map and building floor plan shall be amended to account for small changes to the development plan along the south lot line; 7. Deck dimensions shall be shown. . 6. The map and building floor plan shall be amended to account for small changes to the development plan along the south lot line; 7. Deck dimensions shall be shown. Staff received a memo from the Colorado Department of Transportation after the Planning Commisison hearing, and recommends an eighth condition of approval be added: 8. Right-of-Way shall be 75-feet from centerline. • Page 2 Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner g>/5 Date: April 25,2006 Subject: Streamside Cottages Final Condominium Map Background. The Town Board \ approved the Streamside ~ Preliminary Condominium Map on April 25,2006. The applicant 404 is now filing the required Final li) Condominium Map, which 51/-J complies with the approved preliminary map. Budget. N/A Action. Staff recommends APPROVAL of the Streamside J Final Condominium Map CONDITIONAL TO: 1. Compliance with the approved Preliminary Condominium Map; 2. Compliance with memo from Mike Mangelson to Bob Goehring dated 5-5-06; memo from Greg White to Dave Shirk dated May 5, 2006; and memo from Estes Park Sanitation District to Dave Shirk dated May 10, 2006. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner ·53/5 Date: April 25,2006 Subject: The Pines Final Condominium Map Background. The Town Board approved the Pines Preliminary Condominium Map on April 25,2006. The applicant is now filing the required Final Condominium Map, which complies with the approved preliminary map. Budget. N/A Action. Staff recommends APPROVAL of the Pines Final Condominium Map CONDITIONAL TO: 1. Compliance with the approved Preliminary Condominium Map. 2. Compliance with memo from Greg White to Dave Shirk dated May 15, 2006. C E L E /1 - 7--1 --9 Pine Knoil Or. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Dave Shirk, Planner€§04 Date: May 23,2006 Subject: Horse Drawn Carriage Ride Special Review Background. This is a Special Review proposal for horse-drawn carriage rides within the Town of Estes Park. Services are to include wedding transportation, other special events, and carriage rides along a fixed route. Normal hours of operation for the fixed route will be from noon until 9:00 PM daily. The proposed route is one that has been approved by the Town on prior occasions. Budget. N/A Action. At their regularly scheduled April 18, 2006 meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of Special Review 06-02 to allow horse drawn carriage rides CONDITIONAL TO: 1. Applicant shall obtain a business permit from the Town Clerk. Prior to issuance of business permit, Applicant shall: a. Provide a copy of a Certificate of Insurance for $1,000,000 to the Town, with the Town to be named as an additional insured. b. Obtain written permission from property owners for specified stops on private property, including the Stanley Hotel, St. Bartholomew Chruch, and Our Lady of the Mountains Catholic Church. c. Submit a revised site plan incorporating the following: • Signature block: APPROVAL: Approved by the Town of Estes Park Board of Trustees this day of ,2004. John Baudek, Mayor • Any future additions or revisions to the routes or stops to be approved by Town Staff. • No signage shall be allowed on public property. • If traffic conflicts or other use conflicts occur on the streets or at the public stop locations, Town Staff is authorized to restrict operations until the problem is corrected. This is intended to account for accidents, parade routes, periods of heavy traffic, or other instances of traffic hazards or congestion. • All horses shall be diapered during times of service. • Horses shall wear a rubber overlay shoe. • Public Drop-off shall be limited to Transit Center and Tregent Park. 2. A copy of the business license and Special Review permit shall kept with the carriage. • Page 2 Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner 51*~ Date: May 23,2006 Subject: Estes Valley Development Code Amendment Background. During the summer of 2005, Community Development Staff processed a variance to allow a computer kiosk in the downtown area. This variance request brought a needed Code revision to Staffs attention. The code revision is intended to allow ATM machines and computer kiosks as an allowed outdoor activity in the Downtown area. Proposed text is underlined with a double line. 4.4.D. Additional Zoning District Standards. 1. Operational Requirements. a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District. (1) Except as may be allowed in paragraph (3) below, all retail sales, displays and activities and all other uses, storage and activity shall be wholly contained within the interior of a building or permanent structure. (2) Retail merchandise shall not be displayed in any way on doors that provide customer access to a building or on windows that open out onto or over public ways including sidewalks, pedestrian paths/trails or permitted outdoor eating/serving area. (3) Exceptions. Notwithstanding paragraph (1) above, the following outdoor uses, storage or activity shall be permitted within the CD zoning district: (e) Automated Teller Machine (ATM) and/or Interactive Kiosks intended to serve walk-up customers only. ATMs or Kiosks shall not obstruct the movement of pedestrians through plazas. along adjoining sidewalks or through other areas intended for public usage. 13.3 Definitions Interactive Kiosk shall mean a device that allows the public to access the internet. send and retrieve e-mail, or provide wayfinding or other information. These may be incorporated within an existing structure. or be free-standing. These shall not be used to provide off-premise signage for other businesses. The display shall comply with the adopted sign code. Content shall be restricted to comply with Title 9 "Public Peace, Morals and Safety" of the Municipal Code. Should the Town Board vote to approve these changes, they will then be presented to the Board of County Commissioners. If the Board of County Commissioners votes to approve, these changes will then be implemented. Budget. N/A Action. At their regularly scheduled April 18, 2006 meeting, the Estes Valley Planning Commission voted to recommend approval of the proposed changes to Section 4.4.D and Section 13.3. • Page 2 MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Community Development Director Date: 6-11-06 Subject: Building Inspection and Plan Review support Backeround: Due to a prolonged illness and lost man hours in the department we must bring in outside support to recover. In particular Chief Inspector Birchfield needs to use vacation time before it expires. We also need to establish an ongoing support relationship in the event we experience a similar absence of staff in the future. The department workload is heavy and it is not possible to catch up without this outside assistance. We have received proposals from several different sources and have selected CCI as the best overall value for this professional service (see attached comparison table). One distinctive aspect of this proposal is that the fees are based on inspections performed (productivity), as opposed to a flat hourly rate. All inspections will be performed by fully qualified, certified inspectors with substantial experience in the field. The Town would be protected with insurance provided by CCI. Budget: During the time Mr. Birchfield is on vacation we estimate the cost to cover field inspections to range from $3000 to $5000 per week, depending on work load. This expense will be offset by the permit fees normally collected. Recommendation: Retain Code Consultants International, CCI to provide Building Inspection and 'Plan Review support. .. u . Ud .*5 · CO/COU 2 t b EE 2 .M .52 0* :g 2 07 00 U V.~ C O Pkier ae M M =Sts 4 -00 -X 00 8 3 < U 3 2 5.10 © .Eu U Ccc CCI (preferred proposal) PLAN REVIEW 60% of fee collected 80% of fee collected 60% of fee collected INSPECTION SERVICES - $87/hr based on a 6hr day $110/hr incl. travel time prox. $85/hr based port Services rison Table SERVICE 18'EE Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola ~ Date: May,18, 2006 Subject: Transfer of Cable Franchise Agreement from Charter Communications to Orange Broadband Background Charter Communications has notified the Town that it intends to sell its local cable operation to Orange Broadband. The Town must approve transfer of the current franchise agreement issued by the Town. The existing agreement is set to expire in 2008. Town Attorney Greg White and I have discussed the pending transfer with representatives of both organizations. Mr. White is reviewing the resolution language for submission to the Town Board of Trustees for consideration and approval. The Town does have first right of refusal on the sale; however, based upon proprietary information that has been shared with the Town by Charter and recently enacted legislation in Colorado, staff recommends against exercising our first right of refusal. The issues involved include the cost to purchase the local operation (several million dollars) as well as Colorado law which requires voter approval for a municipality to operate a retail cable operation. Orange Broadband is requesting that the term of the permit be extended to 36 months following closing of the sale. Assumihg that the closing takes place in August, this would simply add about 13 months to the existing franchise agreement. For consideration of that extension, staff has asked that Orange Broadband provide coverage of our regular board meetings as well as Planning Commission should we elect to televise those too. Town Attorney White will bring the final resolution to the Town Board meeting. Budget There are no budget implications. Action Staff requests approval of the transfer of the existing cable television franchise agreement from Charter Communications to Orange Broadband. N. .. DRAFT RESOLUTION NO. RESOLUTION OF THE TOWN OF ESTES PARK, CO APPROVING THE ASSIGNMENT OF THE CABLE TELEVISION FRANCHISE WHEREAS, The Helicon Group,L.P. ("Franchisee") owns, operates, and maintains a cable television system ("System") in the Town of Estes Park, Co (the "Franchise Authority") pursuant to a franchise agreement (the "Franchise") between Franchisee and the Franchise Authority and Franchisee is the duly authorized holder of the Franchise granted by the Franchise Authority; and WHEREAS, Orange Broadband Operating Company, LLC, a Delaware limited liability company, doing business as Orange Broadband ("Buyer") has entered into an Asset Purchase Agreement with Franchisee (the "Agreement"), pursuant to which the System and the Franchise will be transferred (the "Transfer") to Buyer; and WHEREAS, Franchisee has requested that the term of the Franchise be extended for a period of 36 months following the Closing Date; and WHEREAS, Franchisee and Buyer have requested that the Franchising Authority waive a.ny right of first refusal or other right to acquire the System that it may have under the Franchise in connection with the Transfer; and WHEREAS, Franchisee and Buyer have requested that the Franchise Authority consent to the Transfer in accordance with the requirements of the Franchise to the extent that such consent is required and have filed an FCC Form 394 with the Franchise Authority, and have provided all information required by applicable ·law (collectively, the "Transfer Application"); and WHEREAS, Franchisee has provided information regarding customer service in the Town; and WHEREAS, Buyer has agreed to provide a report regarding customer service after Buyer has operated the System for 18 months; and WHEREAS, the Franchise Authority has reviewed the Transfer Application, examined the legal, technical, and financial qualifications of Buyer and finds it to be a suitable trans feree. NOW THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: SECTION 1. The Franchise Authority hereby waives any right of first refusal regarding the sale of the System and the Transfer and consents to the Transfer, to the extent required by the terms of the Franchise and applicable law. SECTION 2. The Franchise Authority confirms that (a) the Franchise is validly existing and is currently in full force and effect and the Franchisee is the duly authorized holder of the Franchise; (b) the Franchisee has properly invoked its franchise renewal rights under Section 626 of the Cable Communications Policy Act of 1984, as amended; (c) the Franchise represents the entire understanding of the parties and the Franchisee has no obligations to the Franchise .. ii- r.4,.re '44 Authorfty other than those specifically stated in the Franchise; and (d) the Franchisee is materially in compliance with the provisions of the Franchise and applicable law and there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or the giving· of notice or both, would constitute a material default or breach under the Franchise or applicable law or would allow the Franchise Authority to cancel or terminate the Franchisee's rights thereunder. SECTION 3. The Franchise Authority hereby consents to and approves the assignment, mortgage, pledge or other encumbrance, if any, of the Franchise, System or assets relating thereto, or of the interests in the permitted holder thereof, as collateral for a loan. SECTION 4. The Franchise Authority hereby extends the term of the Franbhise for a period of 36 months following the Closing Date. SECTION 5. After Buyer has operated the System for.18 months, Buyer shall provide the Franchise Authority a report regarding customer satisfaction. The report shall address: (i) the products and services offered on the System; and (ii) customer service. Buyer may prepare the report from available information and indices of customer satisfaction as reasonably determined by Buyer. Buyer shall deliver the report no later than the end of 20 months after the Closing. Upon Franchise Authority' s request, Buyer shall make a representative available to review and discuss the report. Nothing herein shall require Buyer to provide confidential commercial data as that term is defined in Colorado law. SECTION 6. This Resolution shall be deemed effective for purpose of the Transfer immediately prior to the Closing Date. * SECTION 7. The Franchise Authority releases the Franchisee, effectife ®on the Closing Date, ' from · all obligations and liabilities under the Franchise and applicable law that accrue on and after the Closing Date; provided that Buyer shall be responsible for any obligations and liabilities under the Franchise and applicable law that accrue on and after the Closing Date. SECTION 8. This Resolution shall have the force of a continuing agreement with the Franchisee and Buyer, and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and Buyer. PASSED, ADOPTED AND APPROVED this day of , 2006. TOWN OF ESTES PARK, CO By: Name: Title: ATTEST: Clerk 2 ./ Memo Date: May 19, 2006 TO: Town Board From: Gregory A. White RE: Ordinance - Consent to Transfer Windy Gap Water BACKGROUND: In September, 2005, the Town of Estes Park entered into a Water Lease Agreement with the Continental Water Bank for the purpose of providing a fully consumable water source for an Augmentation Plan for Continental to provide substitute supply water to replace out of priority diversions from users associated with Continental Water Bank. The Water Lease Agreement provided that prior to release of any Windy Gap Water pursuant to the terms and conditions of the Lease, Continental Water Bank would transfer to the Town enough Colorado Big Thompson Water to replace out of priority diversions by users affiliated with Continental. Continental has the arrangements with at third party to transfer six units of Colorado Big Thompson Water to the Town. The Resolution authorizes the Mayor and the Town Clerk to approve the Temporary Use Permit required by the Northern Colorado Water Conservancy District to transfer·the six units of CBT water to the Town. BUDGET IMPLICATIONS: There are no budgetary implications STAFF RECOMMENDATION: It is the Staffs recommendation that the Ordinance be adopted. W.L J. RESOLUTION 9-06 WHEREAS, the Town of Estes Park, Colorado (the "Town') has executed a Water Lease Agreemdnt with the Continental Water Bank ("Continental"); and WHEREAS, pursuant to the provisions of that Lease Continental is required to transfer Colorado Big Thompson Water to the Town to replace any releases by the Town o f Windy Gap water pursuant to the terms of the Water Lease Agreement; and WHEREAS, Continental has made arrangements with a third party to transfer six units of CBT water to the Town as required in the Water Lease Agreement; and WHEREAS, the Town needs to approve and execute the Temporary Use Permit of the Northern Colorado Water Conservancy District to complete the transfer of the CBT water. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that: 1. The Board hereby authorizes the submittal of an Application for a Temporary Use Permit for 6 acre-feet of Colorado-Big Thompson Project water. 2. The Board hereby authorizes the Mayor and the Town Clerk to file all necessary applications and documents with the Northern Colorado Water Conservancy District to complete the transfer of the water. INTRODUCES, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of 2006. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk Memorandum May 17, 2006 To: Mayor Baudek and Town Board of Trustees From: Wil Smith, Director, EPURA Re: Appointment of EPURA Commissioner The EPURA Board of Commissioners experienced an untimely vacancy with the passing of Chairman Al Wasson. Appointments to the EPURA Board are made by the Mayor. It has become customary for EPURA appointments to be shared with the Town Board of Trustees for their concurrence. With the approval of Mayor Baudek, the process for selecting a new EPURA Commissioner was carried out by a committee of EPURA consisting of Chairman Gerry Swank, Commissioner John Ericson and Director Wil Smith. Interested parties were asked to submit a statement of interest. Seven statements of interest were received and each party was interviewed. All seven applicants were eminently qualified and each could have brought much relevant experience and insight to the Board. The committee had to make a choice of whom to recommend for appointment. Jim Cope emerged as the recommended candidate. Mayor Baudek agreed with the committee's recommendation. Jim is eager to begin service as EPURA' s newest Commissioner. He is recommended to serve the remainder of the term vacated by Al Wasson, which expires in September, 2009. f .4 2 239%121 1 24.8.,?fw' N.:4 0 '' 41. *· 4 A .2 94 * I .. 4 4,445 2 .... " . 4 29 J ,1 +AE ?. 144.- 14 4 P. 6 71 ' 7 ·* 4. V: A- 1. U f y-¢J Q: , »4. , * ; g V p.:.. >4 46:t, *L J 4/49. 4 .·. f . 6.1 /4 - *Se 'VI di":2 ituRI U. .1,4 $··" ~91' B 1, V '4 * & :. r-· 0 -I.. 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L2j EUR IL, 1 KAI 7 1 r.y.4.1 0 1 33 2 2 94: E m RE iiI I: :4 240 A. 2. + ·Ed 92·,U>N .Stie- 4441 ;4:,11 '1 ?441 *-lt'l 411 P I...71 ·Wd 44 :12. -4 *al lai #41 39.4 261/5 bil fra 4-·:4 341, fy€d 4··411 09 94·k 25'.11 33.:d 4*; 2,/11 ff.1 * /214 ~'4 2.A 4*1 f.%1 2%1 9q Cal ?454 ··.'ll:'A r.291 'y.·4•.34 1 -0+ 1 2 G -- I, r .. 2 .6 I 3 741'~ ~ I 4 6 d'LA 2 46 -, 4, - 9, ' ·. L . 11 . 0 - -9.-gpit; . -·.·.-. I 444 Sales Tax Category Statistics 05 vs'04 06 vs. '05 3 months sales tax revenues $ change $30,000 $20,000 000'OIS 000'0 000'02$ 000'0£$-