HomeMy WebLinkAboutPACKET Town Board 2017-01-24The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town
services, programs, and activities and special communication arrangements for persons
with disabilities. Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, January 24, 2017
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Policy Governance Report.
1. CONSENT AGENDA:
1. Town Board Minutes dated January 10, 2017 and revised Town Board Minutes
dated December 15, 2016.
2. Bills.
3. Committee Minutes – None.
4. Transportation Advisory Board Minutes dated December 21, 2016
(acknowledgement only).
5. Parks Advisory Board Minutes dated December 16, 2016 (acknowledgement only).
6. Estes Valley Board of Adjustment Minutes dated December 6, 2016.
(acknowledgement only).
7. Estes Valley Planning Commission Minutes dated December 20, 2016
(acknowledgement only).
8. Engagement Letter with CliftonLarsonAllen LLP to complete the 2016 Audit.
9. Revised Policy 102.
10. Town Administrator Policy Governance Compliance Report.
Prepared 01/13/17
* Revised 01/20/17
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. REPORTS AND DISCUSSION ITEMS (Outside Entities):
1. MUNICIPAL COURT ANNUAL REPORT. Judge Brown.
2. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Sidles.
3. LIQUOR ITEMS:
1. TRANSFER OF OWNERSHIP FROM CABLES ESTES, LLC DBA CABLES PUB &
GRILL TO COUSIN PAT’S PUB AND GRILL, 451 S. ST. VRAIN AVENUE, HOTEL
& RESTAURANT LIQUOR LICENSE. Town Clerk Williamson.
4. PLANNING COMMISSION ITEMS.
1. ACTION ITEMS:
A. RECONSIDERATION OF PRENDERGAST RESUBDIVISION ANNEXATION
RESOLUTION #02-17 AND ORDINANCE #01-17. Planner Gonzales.
B. TERMINATION OF SPECIAL REVIEW & DEVELOPMENT PLAN SR 2016-01.
Metes & Bounds Parcels; 1665 Highway 66, Lazy B Ranch & Wranglers,
Michelle Oliver/Applicant. Attorney White.
C. ORDINANCE #02-17 REZONING FROM RM-MULTI-FAMILY RESIDENTIAL
TO E-1 ESTATE proposed Lot 2A, Block 1, Fall River Estates, 1551 David
Drive, Gary Beels/Applicant. Planner Gonzales.
D. ORDINANCE #03-17 REZONING FROM CO-COMMERCIAL OUTLYING TO A-
ACCOMMODATIONS portion of Lot 2A, Beaver Point Heights, 915 Moraine
Avenue, Flatirons Hospitality/Applicant. Planner Gonzales.
5. ADJOURN.
TOWN ADMINISTRATOR
Frank Lancaster
Town Administrator
970.577.3705
flancaster@estes.org
MEMORANDUM
DATE: January 24th, 2017
TO: Board of Trustees
FROM: Frank Lancaster, Town Administrator
SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS
(QUARTERLY MONITORING REPORT POLICY 3.3)
Board Policy 2.3 designates specific reporting requirements for me to provide
information to the Board. Policy 3.3, Financial Planning and Budgeting requires
quarterly reporting of compliance in April, July, October and January.
Policy 3.3 states: “With respect for strategic planning for projects, services and activities
with a fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
This report constitutes my assurance that, as reasonably interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
________________________
Frank Lancaster
Town Administrator
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3.3.1. The Town Administrator shall not allow budgeting which deviates from
statutory requirements.
Interpretation – I interpret this to mean that our budgeting practices and policies
comply with all State statutory requirements that are applicable to statutory Colorado
towns.
Compliance with the policy will be achieved when:
There are no deviations in our practices and policies in violation of State Statutes. The
2017 Town budget was submitted to the State of Colorado on time as required by statute
in December of 2016 following Town Board approval.
Evidence:
1.The annual independent audit
2.The Comprehensive Annual Financial Report
3.All policies are reviewed for compliance with State Statutes by the Town
Attorney.
4.State Department of Local Government has not issued any non-compliance
notifications to the Town of Estes Park regarding our budgetary obligations under
statute.
Report: I report compliance
3.3.2. The Town Administrator shall not allow budgeting which deviates
materially from Board-stated priorities in its allocation among competing
budgetary needs.
Interpretation – I interpret this to mean that the annual budget, as adopted by the
Board of Trustees, is the officially adopted priorities of the Board. This includes any
budget amendments approved by the Town Board throughout the year and any specific
spending authorizations approved by the Town Board. I interpret “materially deviate” to
mean any change in spending priority that results in diverting resources away from any
Board objective, goal or outcome substantial enough to contribute to not achieving the
objective, goal or outcome. I do not interpret minor deviations resulting from changing
circumstances, community demands and unforeseen circumstances outside of the Town’s
control, as material deviations.
Compliance with the policy will be achieved when:
Budget spending does not materially deviate from the levels approved in the adopted
budget.
Evidence:
1.The adopted budget was prepared based on the Board stated priorities.
2.There have been no substantial budget changes presented to the Board for review
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and approval as of this date.
3.HTE Budget reports for each department are available on a regular basis or as
requested.
Report: I report compliance
3.3.3. The Town Administrator shall not allow budgeting which contains
inadequate information to enable credible projection of revenues and
expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Interpretation – I interpret this to mean the budget, as recommended by the Town
Administrator, must be based on credible data and the best available information
concerning the local economy and other factors that may impact our revenues and
expenses. In addition, the budget is to be structured to separate capital expenditures
from operational costs. All revenue projects will be conservative and it is more critical not
to overestimate revenues vs underestimating revenues.
Compliance with the policy will be achieved when:
1.Revenue projections are clear and deviations between projected an actual
revenues are within a 5-10%, barring any catastrophic events.
2.Actual revenue received and reported to date is not less than projected.
3.The Budget presented to the Board for adoption is in a format the separates
revenues, expenses and capital expenditures.
4.Any assumptions used in preparing the budget are clearly articulated to the Board
during budget review sessions.
Evidence:
1.Currently our sales tax revenue to date (as reported, collections run about 45
days in arrears due to State collection and reporting) is 7.55 % higher than in
2015 and 2.03% higher than projected.
2.Current revenue is not less than projected.
3.The current budget and proposed budget are both presented in the format that
separates revenues, expenses and capital.
4.Assumptions leading to the projects were discussed with the Board during budget
review sessions.
Report: I report compliance
3.3.4. The Town Administrator shall not allow budgeting which plans the
expenditure in any fiscal year of more funds than are conservatively
projected to be received in that period, or which are otherwise available.
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Interpretation – I interpret this to mean that the proposed budget must be balanced.
This includes expenditures for the year not exceeding the revenues received from all
sources. Exceptions are Board approved use of fund balances, and use of funds that have
been accumulated over a period of time, with the approval of the Board, with the intent of
saving funds to pay for a specific project or capital expense.
Compliance with the policy will be achieved when:
The proposed budget meets the above criteria and year end expenses do not exceed
year end revenues, inclusive of any board approve spending of fund balance or specific
reserve funds.
Evidence:
1.The adopted budget and the CAFR document provide independent evidence that I
have not allowed budgeting which plans the expenditure in any fiscal year of more
funds than are conservatively projected to be received in that period, or which are
otherwise available.
Report: I report compliance
3.3.5. The Town Administrator shall not allow budgeting which reduces fund
balances or reserves in any fund to a level below that established by the
Board of Trustees.
Interpretation – I interpret this to mean that I the audited year end unrestricted fund
balance in the General Fund does not drop below 20% unless otherwise authorized by the
Board. If the Board approves and adopts a budget that plans for reducing the fund
balance below the 20% level, I interpret this as being authorized by the Board. (This
interpretation will be modified if the Board adopts a cash reserve minimum policy in the
future. Staff will be bringing options for such a policy forward in the near future for Board
consideration, as directed in the September study session.)
Compliance with the policy will be achieved when:
1.The final CAFR indicates that a general fund fund balance of 20% or greater, or as
otherwise approved by the Town Board.
2.The proposed budget anticipates an end of year fund balance in the General Fund
of 20% or greater unless otherwise approved by the Town Board..
Evidence:
1.The 2015 CAFR shows a 22.3% fund balance at the end of 2015
2.The 2016 budget anticipates a 21% fund balance at the end of 2016
3.The proposed 2017 budget anticipates a 27.3% fund balance at the end of 2017
Report: I report compliance
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3.3.6. The Town Administrator shall not allow budgeting which Fails to
maintain a Budget Contingency Plan capable of responding to significant
shortfalls within the Town’s budget.
Interpretation – I interpret this to mean that I must prepare the budget, maintain a
fund balance of 20% or more in the general fund, and adequate fund balances in all
enterprise funds, including the required TABOR reserve.
Compliance with the policy will be achieved when:
1.The final CAFR indicates that a general fund balance of 20% or greater.
2.The proposed budget anticipates an end of year fund balance in the General Fund
of 20% or greater.
3.The Town Board has adopted and approved a Formal Budget Contingency plan
Evidence:
1.The 2015 CAFR shows a 22.3% fund balance at the end of 2015
2.The 2016 budget anticipates a 21% fund balance at the end of 2016
3.The proposed 2017 budget anticipates a 27.3% fund balance at the end of 2017
4.Development of a formal contingency plan, as requested by the Board, is on the
workplan for the first half of 2017. This has not been completed or presented to
the Board for consideration as of this date, therefore I cannot report compliance
at this time with this requirement. (This was discussed as a new requirement in
October of 2016)
Report: I report partial compliance
3.3.7. The Town Administrator shall not allow budgeting which fails to
provide for an annual audit.
Interpretation – I interpret this to mean that I must ensure that the Town completes
an independent audit annually. Further, that audit report should result in an unqualified
and unmodified opinion from the Board’s auditors.
Compliance with the policy will be achieved when:
The audit is complete and presented to the Town Board.
Evidence:
1.The 2015 Audit has been completed and the CAFR prepared and submitted to
the State of Colorado.
2.The 2015 included an unqualified and unmodified opinion from the auditors
Report: I report compliance
3.3.8. The Town Administrator shall not allow budgeting which fails to
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protect, within his or her ability to do so, the integrity of the current or
future bond ratings of the Town.
Interpretation – I interpret this to mean that I cannot take any action that will result
any negative impact on the Town’s bond rating. This includes, maintaining adequate fund
balances as required in 3.3.5 and maintaining adequate bond coverage ratios for all
revenue bonds associated with the Town’s enterprise funds.
Compliance with the policy will be achieved when:
1.I am in compliance with 3.3.5
2.Required bond coverage ratios are met.
Evidence:
1.The general fund year end fund balance is greater than 20%
2.The required Bond coverage ratio is 125%. Our current coverage for the four
outstanding Utility Bonds are 218%, 187%, 391% and 435% respectively.
Report: I report compliance
3.3.9. The Town Administrator shall not allow budgeting which results in new
positions to staffing levels without specific approval of the Board of Town
Trustees. The Town Administrator may approve positions funded by
grants, which would not impose additional costs to the Town in addition
to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
Interpretation – I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow the reduction in staffing without Board approval and any positions
or partial positions funded by grants or any temporary positions for which existing
budgeted funds are allocated may be filled without prior approval of the Board.
Compliance with the policy will be achieved when:
No new positions or expansion of positions are approved and hired without approval of
the board, with the exceptions noted above.
Evidence:
1.All positions are indicated in the adopted and proposed budgets and no
unapproved positions are shown.
Report: I report compliance
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Town of Estes Park, Larimer County, Colorado, January 10, 2017
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 10th day of January, 2017.
Present: Todd Jirsa, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Bunny Beers, Recording
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Holcomb would represent Estes Park on the Board of Directors for the Lutheran
Family Services organization, and would represent the Town, along with Town
Administrator Lancaster, on the Communities that Care Leadership Group. He attended,
as liaison, the Visit Estes Park Board meeting on December 20, 2016 where the 2017
Budget was adopted.
Mayor Pro Tem Koenig stated the annual meeting for the Sister Cities organization
would take place on January 13, 2017 at the Otherside Restaurant and invited the
community to attend.
Trustee Norris interviewed four candidates for appointments to the Estes Valley
Planning Commission with Trustee Nelson, recommending two incumbents for re-
appointment.
TOWN ADMINISTRATOR REPORT.
Administrator Lancaster requested the Board endorse a letter of thanks to the
Congressional Delegation for their support and co-sponsorship of the Outdoor
Recreation Jobs and Economic Impact Act (“Outdoor RECAct”). This act would require
the federal government to track the outdoor industry as a separate industry allowing
better decisions to be made by federal agencies as it relates to this industry.
He requested two items be added to the study session on January 24, 2017: 1)
Community Development and the Building division discussion on applicability of the
building code as it relates to vacation homes; and 2) Dallas Everhart/Consultant has
been working with the Board on governance issues and would like to update the Board
on next steps.
1.CONSENT AGENDA:
9
Board of Trustees – January 10, 2017 – Page 2
1. Town Board Minutes dated December 13, 2016 and Study Session December
13, 2016.
2. Town Board Minutes Special Town Board meeting December 15, 2016.
3. Bills.
4. Committee Minutes.
A. Public Safety, Utilities & Public Works Committee, December 8, 2016.
1. 2017 GIS Services, InVision - $400,000 – Budgeted.
2. 2017 Engineering Services - $400,000 – Budgeted.
5. Estes Park Housing Authority appointment of William Pinkham for a 5-year term
expiring January 11, 2022.
Resolution #01-17 – Public Posting Area Designation.
It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda
Items, and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP #10. Stone Bridge Estates
Condominiums, 1137 Fish Creek Road, Kingswood Homes/Owner. Planner
McCool. It was moved and seconded (Holcomb/Martchink) to approve the
Supplemental Condominium Map #10, Stone Bridge Estates
Condominiums, 1195 Fish Creek Road, and it passed unanimously.
2. ACTION ITEMS:
A. PRENDERGAST RESUBDIVISION ANNEXATION RESOLUTION #02-17
AND ORDINANCE #01-17. Director Hunt reviewed the application stating the
approximately 1/3 of an acre parcel contains three separate ownership
parcels all owned by Harmony Foundation and located in the unincorporated
Estes Valley. Two parcel boundaries cross through an existing building where
the western half of the building is located within the county and the eastern
half is located within Town limits. The annexation proposes to incorporate the
western half of the building into Town limits. It was moved and seconded
(Holcomb/Koenig) to approve Resolution #02-17 and Ordinance #01-17 for
the Prendergast Resubdivision Addition Annexation application with no
conditions, and it passed unanimously.
3. ACTION ITEMS:
1. INTENT TO NEGOTIATE CONTRACT FOR THE SALE OF FORMER
CRYSTAL WATER COMPANY PROPERTIES: SANBORN DAM PARCEL AND
VACANT LOT. Director Bergsten requested the contingent approval for the sale
of two Town-owned properties following final details of a real estate transaction.
The two lots, Sanborn Dam Parcel and vacant lot, are only accessible through
the Cheley Camp property. The water rights associated with the Sanborn Dam
pond are only available to fill the pond and hold no market value to the Town.
The pond has a State regulated dam which requires mandated dam repairs for
which the Town would not make the investment to repair. Through negotiations
the properties were appraised and Cheley Camp has offered to pay full price for
the vacant lot on the north side and 1/3 of the appraised value on the Sanborn
Dam lot due to the cost of repairs required for the dam. The department
requested approval develop and enter into a formal sales contract for both
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Board of Trustees – January 10, 2017 – Page 3
properties, thereby placing the properties back into private hands and avoiding
the costs associated with the dam repairs. The proceeds of the sale would go
back into the water utility for improvements to the water infrastructure. He stated
the properties are non-essential and have not been used since the purchase of
the Crystal Water Company in 1989. It was moved and seconded
(Koenig/Holcomb) to approve the sale of the lots to Cheley Camp, contingent
upon future approval of a real estate contract and Ordinance, and it passed
unanimously.
2. ESTES VALLEY PLANNING COMMISSION APPOINTMENTS. Town Clerk
Williamson stated interviews were held for the Estes Valley Planning Commission
appointments by Trustees Norris and Nelson with the support of Community
Development Director Hunt and newly elected Planning Commission Chair Moon.
The Interview Committee recommended the reappointment of Sharry White and
Steve Murphree because of their experience with the Development Code and the
ongoing issues being addressed by Community Development. It was moved and
seconded (Norris/Holcomb) to approve the reappointment of Sharry White
and Steve Murphree to the Estes Valley Planning Commission beginning
January 1, 2017 for a 4-year term expiring on December 31, 2020, and it
passed unanimously.
3. REPORTS AND DISCUSSION ITEMS:
1. FORMATION OF A FAMILY ADVISORY BOARD. Assistant Town Administrator
Machalek elaborated on the presented draft bylaws for the formation of the
Family Advisory Board (FAB), drafted based off the Transportation Advisory
Board bylaws. A community group meeting was held to discuss childcare and
workforce issues convened by the Estes Park Non-Profit Resource Center in
cooperation with the Estes Park Economic Development Corporation (EDC). The
Board discussed the need for leadership to emerge from the community
regarding childcare and housing needs and the role of the Town, the EDC or
other community group to take the lead on developing the advisory board. The
Board agreed to move the discussion to the February 14, 2017 meeting for
further review.
Charlie Dickey/Town citizen stated he would assist with the formation of an EDC
committee to develop a Task Force to focus the energy and discussions related
to childcare and other workforce issues.
Kent Smith/Town citizen would support the formation of an Advisory Board for
families. He suggested the Board be charged with developing three goals.
Whereupon Mayor Jirsa adjourned the meeting at 7:51p.m.
Todd Jirsa, Mayor
Bunny Beers, Recording Secretary
11
Town of Estes Park, Larimer County, Colorado December 15, 2016
Minutes of a Joint Study Session meeting of the TOWN BOARD, AND
LARIMER COUNTY COMMISSION of the Town of Estes Park, Larimer
County, Colorado. Meeting held at Town Hall in the Board Room in said
Town of Estes Park on the 15th day of December, 2016.
Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
County Commission: Chair Donnelly, Commissioner Gaiter and Commissioner
Johnson
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Machalek, County Manager Hoffman, Attorney White, Code
Enforcement Officer Hardin, County Planner Whitley, County
Community Development Director Gilbert, Community
Development Director Hunt, and Town Clerk Williamson
Absent:None
Meeting was called to order at 6:00 p.m.
HOST COMPLIANCE SOFTWARE AND SERVICES AGREEMENT CONTRACT.
Code Enforcement Officer Hardin stated staff has experienced difficulty in identifying
vacation homes that are not licensed or registered. Enforcement data becomes difficult
to collect and manage when collected by multiple agencies such as the Town’s Police
department, Community Development and the Larimer County Sheriff’s department.
The Town has identified Host Compliance software that would be used to assist the
Town in identifying non-compliant properties and provide a 24/7 non-emergency
complaint line for vacation rentals. This would allow immediate contact with the
property owners or managers to correct a situation. Weekly reports would be provided
of all incidents to staff for further follow-up if necessary. It was moved and seconded
(Norris/Walker) to approve of the services agreement with Host Compliance at a
cost of $50,185 with Larimer County contributing 50%, and it passed unanimously.
ORDINANCE #29-16 – PUBLIC HEARING – AMENDMENTS TO THE ESTES
VALLEY DEVELOPMENT CODE RELATED TO VACATION HOMES REGULATIONS.
Director Hunt stated the Estes Valley Planning Commission, as directed by the Town
Board and the Larimer County Commissioners at the joint meeting on August 30, 2016,
have developed the amendments for vacation homes in the Estes valley.
Michael Moon/Estes Valley Planning Commissioner stated the Commission reviewed a
number of regulatory documents and determined a restrictive code tended to drive the
vacation rentals underground and make enforcement difficult. The Commission also
reviewed compliance as a metric, the residential versus commercial components, the
safety of the rentals, and ensuring the proper taxes were being collected and remitted.
The Commission found compliance as the highest need; need to cap growth of vacation
rentals in residential zoning districts and extend the grace period to become registered
by March 31, 2017; post April 1, 2017 the Commission would review the cap further and
determine the need to adjust the current 588 cap; the occupancy would remain 2 per
bedroom plus 2 with a cap of 8 for all vacation rentals; a larger home may apply for a
Special Review to increase occupancy above 8; a three tier registration process; a
safety inspection and checklist items would be conducted to ensure compliance with the
regulations and a re-inspection every 3 years thereafter; and enforcement of the
regulations would be the responsibility of the property owner.
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Board of Trustees – December 15, 2016 – Page 2
Director Hunt reviewed the recommended vacation rental regulations from the Estes
Valley Planning Commission. Each vacation home would be required to be registered
annually and would run with the property, not the property owner. Registrations can be
transferred to new owners of a property already registered. Properties registered by
December 31st of each year would have priority to re-register for the next year. The
new regulations establish a cap of 588 vacation rentals for properties zoned residential.
Vacation rentals in commercial zoned districts would not be included in the cap;
however, they would be required to meet the other regulations established. The cap
was established as a percentage of the total number of vacation rentals assumed to
exist in the valley by iCompass. During the 2017 transitional year, a three-tier system
would be established to prioritize registration of vacation rentals: first tier are all
currently permitted/licensed vacation rentals which have until March 31, 2017 to renew;
second tier would be any vacation rental currently operating but not registered and can
provided a valid 2016 contract as proof; and tier three would consist of any new
vacation rental not registered by December 15, 2016. An inspection of all vacation
rentals would be required prior to final registration and be required every third year
thereafter. For residential vacation rentals with more than three bedrooms, a special
review process, Large Vacation Home Review, to allow 9 or more occupancy would be
established and run from April 1 through June 1. No new large homes would be
approved after June 1, 2017. The regulations would require a minimum of 1-acre and
25-ft. setbacks; however, the Estes Valley Planning Commission could provide a
variance to the requirements for a special circumstance. A local representative would
be required for all vacation rental homes. The registration process would require a
notice be posted in the home, property boundaries posted, advertising accurate
information as it relates to number of individuals allowed with no age limit, ensure
proper tax collection, and neighbor notification.
Commissioner Johnson questioned the reasoning for limiting the Special Review for 9
or more occupancy to June 1, 2017. He stated the Task Force recommendation was to
allow the larger homes in the future if located on 1-acre lots with 25-ft. setbacks.
Commissioner Gaiter agreed with Commissioner Johnson’s concern. Trustee Nelson
also agreed. Planning Commissioner Moon stated the Commission agreed to bring the
current larger homes into compliance and not allow the growth of larger homes in the
future due to their impact on the neighborhoods. Discussion on the topic ensued with
the need to consider allowing larger homes to apply for 9 or more occupancy in the
future.
Commissioner Gaiter stated concern with the Special Review process as proposed
because it would not take into account the harmony and compatibility with the
neighborhood. He would suggest the review be completed by a higher body such as
the Town Board or County Commissioners. Further discussion was heard on
Commissioner Johnson’s concern with the Estes Valley Planning Commission
completing the Special Review process. He affirmed the need for an elected body to
complete the Special Review. Attorney White stated the Estes Valley Development
Code allows the Planning Commission to approve other items such as Development
Plans. Deputy County Attorney Bill Ressue stated it would be the position of the County
Attorney’s office the Planning Commission does not have the authority to approve
quasi-judicial items.
Larimer County Community Development Director Terry Gilbert commented the Task
Force established 15 recommendations with 6 requiring no amendment to the
Development Code; 5 Planning Commission recommendations are consistent with the
Task Force; and 4 recommendations are inconsistent, including 1 zoning and safety
inspection only, location requirement be the same for the 9 and above as the 8 and
under, the Task Force recommended the Town Board or the County Commissioners
approve the Special Review, and grandfathering was the most significant difference and
would only allow currently existing licensed or permitted larger vacation homes to be
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Board of Trustees – December 15, 2016 – Page 3
registered for 9 or more occupancy without a Special Review process. Those not
registered would be required to go through a Special Review process.
Public comments were heard from the following individuals Bernie Holien/County
citizen, Wes Hoffman/County citizen, Kaylyn Kruger/Town citizen, Lindsay
Lamson/County citizen, Ed Peterson/County citizen, Bettye Peterson/County citizen,
Theresa Oja/County citizen, Scott Reichle/County citizen, Julie Reichle/County citizen,
Ginny Hutchinson/County citizen, Mike Scarpella/Town citizen, Patti
Freudenburg/County citizen, Rebecca Urquhart/Town citizen, Kurt Johnson/Town
citizen, Nancy Bell/Town citizen, Jim Swaney/County citizen, Don Darling/County
citizen, Jay Heineman/County citizen, Lisa Foster/Town citizen, Imtiaz & Janet
Ali/County citizen, Seth Smith/Town Business Owner, Millicent Cozzie/Town citizen,
Benjamin Culp/Town citizen, Ingra Marske/County citizen, and Elizabeth Fogarty/VEP
Executive Director & CEO. Comments have been summarized: requested the setbacks
be strictly enforced per the zoning district; occupants should be listed on the rental
contract to establish who should be at the property; vacation homes are an important
part of the economy; should be limited to people who own a home and want to rent it
out occasionally; people should not be allowed to make vacation rentals a business;
EALA supports vacation homes in Estes Park, with 9 and above a critical need; vacation
homes should be exempt from sprinkler requirements; EALA stated concern with the
cap and the availability of accommodation options; larger groups are vital to the
economy; retrofitting homes to meet the International Building Code sprinkler
requirements would be expensive; requested a Special Review for those operating with
9 or more occupancy; would request a cap on the occupancy and a cap on the number
of people on the property; balance growth and the character of the neighborhood by
placing a cap on vacation rentals; would request the 9 and above be strictly enforced
and not allow additional larger homes after June 1, 2017; violations need to be clearly
addressed; 9 and above do not belong in the residential neighborhoods; more vacation
homes means less housing for families, stressed the neighborhoods are the backbone
of the community; the cap should be those the vacation homes registered by July 2016
and no grandfathering of 9 and above in the residential neighborhoods; the
neighborhood notification would be an administrative burden; would encourage the
Town Board and County Commissioners to adopt the Task Force regulations; would
recommend a fee be assessed for violations; and Visit Estes Park supports reasonable
regulations for vacation rentals.
Commissioner Gaiter would suggest the Task Force recommendations be adopted with
the addition of the cap. He recommended the cutoff for new registrations should be the
date of the meeting and not March 31, 2017. He also would recommend a change to
5.1.B.3.c.4 to state the minimum front, side, and rear setback from any lot boundary shall
be twenty-five (25) feet or the setback under the zoning, whichever is greater.
Trustee Norris stated the Estes Valley Planning Commission recommendation would be
a good compromise. The amendments are a good start and may need to be adjusted
as the codes are utilized and issues are discovered. Trustee Walker agreed with the
need to compromise and he agrees with the cap. Mayor Jirsa echoed the comments.
The Town and County would need to review the data from iCompass and address any
unintended consequences quarterly.
Commissioner Johnson would request the additional inspections every 3 years should
be eliminated. He finds it to be over regulation and burdensome. He would recommend
the removal of 5.1.B.3.a.(1) to remove the deadline for 9 or above to be registered and
complete a Special Review by June 1, 2017. He recommended allowing 9 and above
through the Special Review for additional occupancy in the future. Trustee Norris would
recommend staff come forward with a review process by May 31, 2017 for the Large
Vacation Home review and bring it back to the Town Board and County Commissioners
for consideration.
14
Board of Trustees – December 15, 2016 – Page 4
Several amendments were added to the initial motion, including correction to code
reference to Item 4 and the addition of Items 7, 8 and 9. It was moved seconded
(Koenig/Walker) to approve the EVDC amendments to section 5.1.B and related
sections with the following changes: 1) 5.1.B.1.a.12 Local Representative –
remove the 24 hours a day and replace with when the unit is rented; 2)
5.1.B.1.a.12 Local Representative - remove the word all and replace with contact
for immediate violation resolution; 3) 5.1.B.2.e Number of Parties – add all
occupants must be registered by name; 4) 5.1.B.3.d – pending large vacation
home process Vacation Rental Review process development; 5) 5.1.B.4.c
Inspections - Provision for inspection after a violation or with a change in
ownership; 6) Section 12.7 Enforcement Procedures – remove by posting notice on
the premise and add or contact via website contact, remove the word occupant and all
references to allegedly or alleged violations; 7) 5.1.B.3.c.4 Large Vacation Home
Review – add lot boundary shall be twenty-five (25) feet or the setback under the
zoning, whichever is greater; 8) 5.1.B.4.c Inspections – be removed and replaced
with Provision for inspection after a violation or with a change in ownership; 9)
Remove 5.1.B.3.a(1) and 5.1.B.3.d to remove the June 1, 2017 deadline for large
vacation homes, and the motion was not seconded by Trustee Walker with the addition
of Item 9. The motion was not voted on and a substitute motion was made.
Substitute motion was offered. It was moved seconded (Koenig/Nelson) to approve
the EVDC amendments to section 5.1.B and related sections with the following
changes: 1) 5.1.B.1.a.12 Local Representative – remove the 24 hours a day and
replace with when the unit is rented; 2) 5.1.B.1.a.12 Local Representative - remove
the word all and replace with contact for immediate violation resolution; 3)
5.1.B.2.e Number of Parties – add all occupants must be registered by name; 4)
5.1.B.4.c Inspections - Provision for inspection after a violation or with a change in
ownership; 5) Section 12.7 Enforcement Procedures – remove by posting notice on
the premise and add or contact via website contact, remove the word occupant
and all references to allegedly or alleged violations; 6) 5.1.B.3.c.4 Large Vacation
Home Review – add lot boundary shall be twenty-five (25) feet or the setback under
the zoning, whichever is greater; 7) 5.1.B.4.c Inspections – be removed and
replaced with Provision for inspection after a violation or with a change in
ownership; and 8) remove 5.1.B.3.a(1) and 5.1.B.3.d to remove the June 1, 2017
deadline for large vacation homes, and it passed unanimously.
The Town Board completed its public meeting and turned the meeting over to the
County Commissioners to hold their public meeting on the amendments.
The Town Board reconvened with the completion of the Larimer County Commissioners
public meeting.
It was moved and seconded (Walker/Holcomb) to work with the Larimer County
Commissioners by May 31, 2017 to develop a Special Review process for the
Estes Valley Development Code and a review process for Large Vacation Homes,
and it passed unanimously.
Attorney White read Ordinance 29-16. It was moved and seconded (Koenig/Walker)
to approve Ordinance 29-16 with the amendments approved in the previous
motion, and it passed unanimously.
There being no further business, Mayor Jirsa adjourned the meeting at 10:00 p.m.
Jackie Williamson, Town Clerk
15
Town of Estes Park, Larimer County, Colorado, December 21, 2016
Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Rooms 202 & 203 of Town Hall, in
said Town of Estes Park on the 21st day of December, 2016.
Present: Kimberly Campbell
Gregg Rounds
Tom Street
Amy Hamrick
Stan Black
Ann Finley
Gordon Slack
Belle Morris
Also Present: Bob Holcomb, Town Board Liaison
Greg Muhonen, Public Works Director
Kevin Ash, Engineering Manager
Frank Lancaster, Town Administrator
Absent: Ken Zornes
Brian Wells, Shuttle Director
Megan Van Hoozer, Public Works Admin. Assistant
Chair Campbell called the meeting to order at 12:00 p.m.
No Public Comment
GENERAL DISCUSSION
Approval of the November meeting minutes as presented (Slack/Street) and the motion
passed unanimously.
RMNP UPDATE, Larry Gamble / John Hannon / Erika Cole
Erika Cole spoke to the TAB about her work at the RMNP Regional Office for a 90-day
detail educating staff on visitor use management actions deployed at other parks. She
also stated that she would like to be involved in future FLAP (Federal Lands Access
16
Transportation Advisory Board – December 21, 2016 – Page 2
Program) grant applications similar the one she reviewed pertaining to the Moraine
Avenue Improvements. She stated that the Colorado FLAP Programming Decision
Committee is now focused on shovel-ready projects so it would benefit the Town to
complete the public involvement and NEPA processes in advance of future FLAP
application submittal.
RMNP representatives provided the following updates as they pertain to increased
visitation and the associated plans to handle the influx. Through November 2016, there
were 4.4 million visitors with every month in 2016 exceeding the 2015 visitation. There
were over 700,000 riders on the shuttles in 2016, which is an increase of 22% over 2015
(2015 was 27% higher than 2014).
Further extensive discussions took place relative to the mitigation of traffic congestion by
using: digital sign communications in Loveland and Lyons, additional hiker shuttle(s),
mobile phone entrance fee application, etc. Larry Gamble suggests collaborative staff
planning to establish intersection upgrade design concepts as well as regional planning
efforts with CDOT and counties to regionally address visitation and traffic impacts at
RMNP.
PROJECT UPDATES, Kevin Ash, Engineering Manager
Manager Ash provided updates on the Moraine Bridge project. It was suggested that there
be a separate path for bikes and pedestrians from the parking structure to Spruce Drive.
The new Moraine Bridge design should accommodate two separate flood benches for
these paths. General consensus supported this concept.
PROJECT UPDATES, Greg Muhonen, Public Works Director
Director Muhonen provided an update on the exterior colors to be used in the design of
the parking structure. Foundation work on the structure is scheduled to begin very soon.
17
Transportation Advisory Board – December 21, 2016 – Page 3
OTHER BUSINESS
The Downtown Parking Program consultant budget has been reduced from $60K to $45K.
The scope of work remains to be finalized after confirming scope of parking study efforts
included in the Downtown Plan contract. This will need taken into account prior to
advertising any RFP for this service.
John Guffy, Eagle Rock School, requested that two to seven of his students be allowed to
attend a TAB meeting. At the Eagle Rock School, students assist in the operation of the
school to develop a lifestyle of service. Guffy is looking for an opportunity for his students
to learn the mission/vision of an organization and be heard in expressing their input. To
accommodate this initiative, a motion was made/seconded (Slack/Morris) to reschedule
the next meeting to January 20, 2017, from 9:00 a.m. to 11:00 a.m. in Town Hall, Rooms
202 & 203. There was a 6-0 vote in favor. The goal will be to make this event relevant to
the students’ future adult life.
With no other business to discuss, Chair Campbell adjourned the meeting at 1:12 pm.
18
Town of Estes Park, Larimer County, Colorado, December 16, 2016
Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Executive Board Room of the Estes Park
Events Center, in said Town of Estes Park on the 16th day of December, 2016.
Present:Celine Lebeau
Carlie Bangs
Vicki Papineau
Ronna Boles
Terry Rustin (via phone)
Also
Present: Patrick Martchink, Trustee Liaison
Greg Muhonen, Director of Public Works
Megan Van Hoozer, Public Works Administrative Assistant
Brian Berg, Parks Division Supervisor
Cydney Springer, District Chair - Estes Arts District
Kevin McEachern, Operations Manager
Joe Lockhart, Light & Power Division Supervisor
Absent: Dewain Lockwood
Merle Moore
Chair Lebeau called the meeting to order at 11:08 a.m.
GENERAL BUSINESS
It was moved and seconded (Papineau/Boles) to approve the November meeting
minutes with corrections and the motion passed unanimously.
Papineau asked about refurbishing the Christmas scenes that are located outside Town
Hall. Light & Power Division Supervisor, Joe Lockhart, explained that many of them
have been refurbished, but with the old look. There are thoughts of having them
repainted for a cleaner, newer look with the old style in the future.
MOUNTAIN FESTIVAL UPDATE
Member Bangs stated that the Mountain Festival will definitely be a two-day event with
the student-centered day taking place Friday, April 28, 2017 and the family-centered
day taking place on Saturday, April 29, 2017. Donations have been received for three
19
Parks Advisory Board – December 16, 2016 – Page 2
bands. All plans are coming together and contracts with the concessionaires are being
finalized.
UTILITY BOX WRAPPING
Member Boles presented a video outlining the versatility of utility box art, whether it be
painted or wrapped. She also provided all members a sample of a Request for Proposal
and Request for Qualifications which originated in Fort Collins, Colorado.
Member Boles discussed the pros and cons of both methods of utility box art . Also
discussed was the method of approval for submittals and the associated maintenance
of each piece. A significant item to note is that the Estes Park Light & Power Division
will be donating $10,000 to this initiative for 2017! All artists would be required to obtain
their own liability insurance and/or sign a waiver prior to any work being approved.
The initial utility box art submission would be taken to the Town Board at which time the
question would be asked about future submissions and whether or not the Town Board
would like to see all submissions moving forward.
PARKS DIVISION UPDATE:
Centennial Project: The Centennial Committee is acquiring enough funding to
make all recommended changes to the Knoll Willow (Centennial Open Space) for
the Centennial and welcomes any recommendations on needed
updates/changes to the Centennial Open Space. Member Papineau suggested
removal of the fence be added to the list of changes. Parks Supervisor Berg to
bring additional Centennial information to the next PAB.
Tunnel Lights Project: A disco light has been installed in the Riverwalk Tunnel
with an ability for additional lights to be installed at a later date if desired. To be
left on during the day and the safety lights will kick on at night. Berg also
requested from the contractor that the ability to connect to a speaker for music.
He requested the PAB go view the lighting and provide input at the next meeting.
Bond Park: Mass of rocks at Bond Park – seeking approval of the PAB to move
the historically significant rocks and convert them to a planting bed at the Town
of Estes Park Museum.
OTHER BUSINESS
Town Board Liaison, Patrick Martchink, after speaking with Jill Lancaster, Director at the
Estes Park Nonprofit Resource Center, proposed having a standing invitation for youth
20
Parks Advisory Board – December 16, 2016 – Page 3
to come to the PAB as a ‘student liaison’ allowing youth in the art selection for parks.
The first year would be a pilot program. Liaison Martchink would mentor ‘student liaison’
and provide leadership. There was a motion to approve this proposal by Member Boles
and was seconded by Member Bangs. There was a unanimous vote in favor of having a
student liaison on the PAB.
With no other business to discuss, Chair Lebeau adjourned the meeting at 12:14 p.m.
21
RRECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
December 6, 2016 9:00 a.m.
Board Room, Estes Park Town Hall
Board:Chair John Lunch, Vice-Chair Wayne Newsom, Members Pete Smith,
Jeff Moreau, Rex Poggenpohl
Attending:Members Lynch, Smith, Moreau, Newsom, and Poggenpohl
Also Attending:Community Development Director Randy Hunt, Planner Audem
Gonzales, Recording Secretary Thompson
Absent:None
Chair Lynch called the meeting to order at 9:00 a.m. There were three people in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. PUBLIC COMMENT
Commissioner Poggenpohl stated that he was recently appointed to this Board, and during
his site visits he has seen several without the required variance sign posted on the
property. He stated this was an injustice to the public, as they are not aware of the
application unless they are adjacent property owners and received the mailing. He asked
staff to consider a better way to make the public aware of the application. Director Hunt
stated the Town is required to publish a legal notice, while the sign posting has been the
applicant’s responsibility. If no sign is posted, the Board has the perogative to postpone
the application review if they think it is appropriate; however, this would be an extreme
measure. There was additional general discussion about the posting of the variance notice
and staking of the property, which is also required by the applicant.
2. CONSENT AGENDA
Approval of minutes dated November 1, 2016.
It was moved and seconded (Moreau/Smith)to approve the minutes as presented
and the motion passed unanimously.
3. LOT 1A, BEAVER POINT HEIGHTS; 915 MORAINE AVENUE; SUNDECK
RESTAURANT LOT
Planner Gonzales reviewed the staff report. This is a request for a variance from Estes
Valley Development Code (EVDC) Section 4.3, Table 4-5, which requires a minimum lot
size of 40,000 square feet for all lots fronting an arterial in the CO–Commercial Outlying
zone district. The applicant, Flatirons Hospitality, LLC requests to allow a lot size of
14,591 square feet to bring this lot and the adjacent lot more into compliance with the
existing built environment, and to generally clean up the plat. He stated the one of the
subject lot lines actually runs through an existing building, and the building is in two
different zone districts. This is not good planning practice. The variance application is one
of three applications undergoing review, the others being an amended plat and a rezoning
request.
Planner Gonzales stated a legal notice was published and notices were sent to adjacent
property owners. No major comments or concerns were received.
Staff Findings
1. Special circumstances or conditions exist:
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RRECORD OF PROCEEDINGSS
Estes Valley Board of Adjustment 2
December 6, 2016
Staff found this particular area complicated, with lot lines running through
buildings, and two different zone districts encompassing the six legally non-
conforming lots. These issues make re-development very challenging, as
building setbacks are measured from every platted lot line, and any addition
to a building would require a setback variance. The unusual triangular shape
of the lot and unique situation with the property lines create a special
circumstance or condition.
2. In determining “practical difficulty”:
a. Whether there can be any beneficial use of the property without the variance;
Staff found the property can remain with its current configuration of lots, but
redevelopment would be extremely limited. Lots could not be sold off
individually. The variance is a portion of the process that needs to occur to
clean up the plat. The end result, if all applications are approved, would be two
lots; one on the west zoned A–Accommodations and the lot on the east zoned
CO–Commercial Outlying.
b. Whether the variance is substantial;
Staff found the variance is not substantial, considering the situation. The goal is
to bring the area more into compliance with the existing built environment.
c. Whether the essential character of the neighborhood would be substantially
altered or whether adjoining properties would suffer a substantial detriment as a
result of the variance:
Staff found the essential character of the neighborhood would not be altered, as
the property is already built out. Reducing the lot size has zero impact on the
neighborhood.
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer;
Staff found approval of the variance would not have any effect on public
services such as water and sewer.
e. Whether the applicant purchased the property with knowledge of the
requirement;
Staff found it unclear as to whether the applicant knew of the requirement when
they purchased the property. The tax assessor shows the area as one parcel. It
is unlikely any owner would have known that reducing a lot size would require a
variance.
f. Whether the applicant’s predicament can be mitigated through some method
other than a variance;
A Variance is the only method available to mitigate this predicament. The entire
property could be amended to be one large lot; however, the restaurant could
not be sold off separately from the hotel.
3. No variance shall be granted if the submitted conditions or circumstances affecting
the Applicant’s property are of so general or recurrent a nature as to make
reasonably practicable the formulation of a general regulation for such conditions
or situations.
Staff found conditions of this application are not general in nature. It is common to
find non-conforming lots in the Estes Valley, but not common to find property
boundaries crossing through a building, especially with two different zone districts.
4. No variance shall be granted reducing the size of lots contained in an existing or
proposed subdivision if it will result in an increase in the number of lots beyond the
number otherwise permitted for the total subdivision, pursuant to the applicable
zone district regulations.
Staff found the project is changing from six lots to two. The entire project is aimed
at reducing non-conformities and cleaning up the plat.
5. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
Staff found this variance would represent the least deviation from Code that
will afford relief for the proposal, but other options do exist. One lot could be
created from the six existing lots. This would require a rezoning and would
rationalize the two businesses in one ownership.
23
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Estes Valley Board of Adjustment 3
December 6, 2016
6. Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of this
Code for the zone district containing the property for which the variance is sought.
The variance does not propose a non-permitted or prohibited use.
7. In granting such variances, the BOA may require such conditions that will, in its
independent judgement, secure substantially the objectives of the standard so
varied or modified.
Staff is not recommending any conditions at this time. Any easements, access
agreements, etc. will be addressed through the Amended Plat and Rezoning
processes.
Planner Gonzales stated staff recommended approval of the variance.
Staff and Member Discussion
Comments included but were not limited to: The existing situation with the lot lines is not a
current practice. The building codes also have provisions for the prohibition of buildings
across lot lines.
Public Comment
Lonnie Sheldon/applicant representative stated the variance would be one step in
cleaning up the parcel and then allow for greater redevelopment opportunities. There are
plans to grant a sewer easement and have a parking agreement between the two parcels
to make the development practical.
Conditions of Approval
None.
It was moved and seconded (Smith/Poggenpohl)to approve the requested variance
according to findings of fact and conclusions of law, with findings recommended
by staff and the motion passed unanimously.
4. LOT 1, LAKE ESTES ADDITION; 1700 BIG THOMPSON AVENUE; ESTES PARK
RESORT
Planner Gonzales reviewed the staff report. The request is for a variance from EVDC
Section 7.6.E.2.b Wetland Setbacks. The applicant, Rocky Mountain Hotel Properties,
LLC, requests a 25-foot setback in lieu of the 50-foot setback required from wetlands.
Planner Gonzales stated the applicant has plans to develop the property as an extension
of the current Estes Park Resort. The current plan is to construct 21 two-unit buildings. No
proposed structure would be closer than 25 feet from the delineated edge of the existing
wetland. If the variance is approved, a new 25-foot wetland setback would be established.
Planner Gonzales stated the property owner had the opportunity to construct another
large multi-story hotel, but chose to have a lower density development with the
townhomes. A wetland study was completed and it was determined two separate wetland
areas exist. Per the EVDC definition, these are wetlands, as they contain saturated soils
that have the capability to support aquatic vegetation. The applicants provided information
to staff showing wetlands on the “shelf”, and the wetland study classifies these as a self-
sustaining wetland community. They are non-jurisdictional and are not found on any
official maps.
Planner Gonzales stated a legal notice was published and adjacent property owners were
notified. Environmental Planner Tina Kurtz commented, and staff received one public
comment opposing the variance request.
Staff Findings
1. Special circumstances or conditions exist:
Staff found the property is zoned A–Accommodations and is approximately 9.1
acres in size. The project proposes 21 two-unit townhomes, with an open site
24
RRECORD OF PROCEEDINGSS
Estes Valley Board of Adjustment 4
December 6, 2016
concept with few roads, attractive landscape buffers and walking paths. Information
provided to staff regarding the wetland study indicate the existing wetland areas to
be non-jurisdictional, and are not found on the Town of Estes Park wetland map,
National Wetland Inventory Map, or the USGS Survey map for the area. Staff
found the proposed location for the townhome units is practical. A 25-foot setback
area shall remain around the wetlands area. The applicant has proposed a
designated open space in the wetland area during the development process. Staff
is recommending the open space designation be a condition of approval of the
variance.
2. In determining “practical difficulty”:
a. Whether there can be any beneficial use of the property without the variance;
Staff found the property could still be developed with a 50-foot wetland setback;
however, a greater density would have to be established for development. This
would involve clustering development and potentially building upwards.
b. Whether the variance is substantial;
Staff found the variance is at a 50% reduction from code. This is not substantial
in regards to the physical location, but is numerically substantial at 50%.
Wetlands have been documented at this location for at least the last ten years.
The intent of the project is to create low-profile development, and a variance
like this would promote this type of development rather than building up.
c.Whether the essential character of the neighborhood would be substantially
altered or whether adjoining properties would suffer a substantial detriment as a
result of the variance:
Staff found the character would not be changed in regards to the physical
location of the townhomes, as there are accommodations units to the north and
east of the subject property. It is a change to the existing neighbor to the west,
as this has been a vacant lot for many years.
d. Whether the variance would adversely affect the delivery of public services
such as water and sewer;
Staff found approval of the variance would not have any effect on public
services such as water and sewer.
e. Whether the applicant purchased the property with knowledge of the
requirement;
Staff found the applicant purchased the property with the knowledge of the 50-
foot setback. This area has undergone several redevelopment proposals. The
current iteration of a low density profile development requires the need for a
variance.
f. Whether the applicant’s predicament can be mitigated through some method
other than a variance;
A Variance is the only method available to accomplish the desired outcome.
Staff is exploring the idea of amending the EVDC wetland setback requirements
to be more aligned with federal regulations and reasonable development
expectations in the Estes Valley.
3. No variance shall be granted if the submitted conditions or circumstances affecting
the Applicant’s property are of so general or recurrent a nature as to make
reasonably practicable the formulation of a general regulation for such conditions
or situations.
Staff found it is not uncommon to find saturated soils throughout the Estes Valley,
but it is uncommon to find such large wetland areas that are non-jurisdictional.
Staff does not believe this situation is general or common in the valley.
4. No variance shall be granted reducing the size of lots contained in an existing or
proposed subdivision if it will result in an increase in the number of lots beyond the
number otherwise permitted for the total subdivision, pursuant to the applicable
zone district regulations.
Staff found no reduction in lot size is proposed by this variance request.
5. If authorized, a variance shall represent the least deviation from the regulations that
will afford relief.
25
RRECORD OF PROCEEDINGSS
Estes Valley Board of Adjustment 5
December 6, 2016
Staff found the variance will represent the least deviation from the Code, but other
options do exist. Proposed building locations could be moved, a less dense
development could be built, or units could be stacked.
6. Under no circumstances shall the BOA grant a variance to allow a use not
permitted, or a use expressly or by implication prohibited under the terms of this
Code for the zone district containing the property for which the variance is sought.
The variance does not propose a non-permitted or prohibited use.
7. In granting such variances, the BOA may require such conditions that will, in its
independent judgement, secure substantially the objectives of the standard so
varied or modified.
Staff recommends a condition be placed on any future Development Plan or
Subdivision for this property utilizing this setback variance to protect the wetlands
and 25-foot setback by designating them as “private open space” or “no
disturbance area”.
Planner Gonzales stated staff recommended approval of the variance request, with
conditions.
Staff and Member Discussion
There was discussion regarding protecting the wetland area on the Development Plan,
and it was suggested the Board of Adjustment impose a condition of approval for the
variance to require the designation of open space or no disturbance area on the
Development Plan.
There was brief discussion regarding jurisdictional wetlands and the EVDC. Planner
Gonzales stated staff is unsure where the 50-foot wetland setback originated. A code
amendment may be proposed in the future, but additional research needs to occur prior to
an amendment being drafted.
Public Comment
Darcy Tiglas/wetland specialist stated there is a topographic shelf just to the north of the
wetland area. She conducted a wetland delineation on this area ten years ago, and there
has been minimal change, even after the 2013 flood. She explained in detail how the
wetland delineation is conducted. She stated leaving the natural feature is definitely
beneficial to the wildlife. The proposed development is already surrounded by
development, and this is considered an infill project, which is better than developing an
open area in another part of the valley.
Jes Reetz/applicant representative stated this project has been evolving for several years.
No site disturbance is planned for the wetland area.
Mike Mangleson/town resident was opposed to the variance request. He showed two
videos of elk migrating through the proposed developed area. He stated the elk gravitate
to the wetland area, where the grass is usually two to three feet tall. Water fowl are not
there too often, but mammals are there all the time and stay for extended periods of time.
He is concerned about large corporations that want to develop in the Estes Valley with no
regards to wildlife. He appreciated the consideration of the Board to disapprove the
variance request.
Condition of Approval
1. Delineated wetlands and 25-foot setback areas shall be designated as a protected
no-build area on future Development Plan or Subdivision Preliminary and Final
Plat.
It was moved and seconded (Newsom/Smith)to approve the requested variance
according to findings of fact and conclusions of law, with findings and conditions
recommended by staff and the motion passed unanimously.
26
RRECORD OF PROCEEDINGSS
Estes Valley Board of Adjustment 6
December 6, 2016
5. REPORTS
A. Director Hunt explained to the Board if a motion to approve or disapprove was not
made during the hearing, the application would be automatically continued to the next
meeting. If the members do not make the motion, the chair can make the motion,
though it is discouraged in Robert’s rules of order.
B. Director Hunt reported the Board of Adjustment will not have a direct role in reviews of
Vacation Homes. There is an ordinance regarding Vacation Homes going through the
hearing process, which states the Board of Adjustment is the Appeals board for staff
decisions.
C. Director Hunt reported the Estes Park Board of Appeals had a meeting in November to
review the building code aspects of vacation rentals. Another meeting will be held
December 8th at 4 p.m. to continue this discussion. It was clarified the Estes Park
Board of Appeals has authority only within the Town limits, not the surrounding Estes
Valley.
D. Director Hunt reported there are several EVDC Revisions on the table, and the Board
of Adjustment will be included in the review process. If there are too many variances
for certain code provisions, then it is justified to take a hard look at the code and
determine if changes need to be made.
There being no other business before the Board, the meeting adjourned at 10:08 a.m.
___________________________________
John Lynch, Chair
__________________________________
Karen Thompson, Recording Secretary
27
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 20, 2016
Board Room, Estes Park Town Hall
1
Commission: Chair Betty Hull, Commissioners Doug Klink, Nancy Hills, Steve Murphree, Sharry
White, Russ Schneider, Michael Moon
Attending: Chair Hull, Commissioners Murphree, Klink, and Moon
Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Town
Board Liaison Ron Norris, County Liaison Michael Whitley, and Recording
Secretary Karen Thompson
Absent: Commissioners Schneider, Hills, and White
Chair Hull called the meeting to order at 1:32 p.m. There were six people in attendance. Each
Commissioner was introduced. Chair Hull explained the process for accepting public comment at
today’s meeting. The following minutes reflect the order of the agenda and not necessarily the
chronological sequence.
Chair Hull recognized Commissioner Nancy Hills for her hard work on the Planning Commission.
Commissioner Hills resigned her position effective January 1, 2017. A replacement has not been
appointed by the Larimer County Commissioners.
1. PUBLIC COMMENT
Pat Newsom/town resident was concerned about the amendment for attainable housing, and
wondered if it was to increase the population. She referenced the Housing Assessment’s
statement about the need for housing. She did not think we needed to be encouraging people to
move to Estes Park when no housing was available. She has lived here for many years and does
not want to see all the changes.
2. CONSENT AGENDA
Approval of minutes, November 29, 2016 Special Planning Commission meeting.
It was moved and seconded (Klink/Moon) to approve the consent agenda as presented and the
motion passed 4-0 with three absent.
3. REZONING REQUEST, LOT 2A, BEAVER POINT HEIGHTS; 927 MORAINE AVENUE (Sundeck
Restaurant)
Planner Gonzales reviewed the staff report. The subject property contains five legal lots, with the
western lots zoned A–Accommodations and the eastern lot zoned CO–Commercial Outlying. The
area proposed to be rezoned from A to CO is approximately 0.193 acres. This rezoning request is
in conjunction with an amended plat (staff-level review), which creates two legal lots from the
current six lots. The main objective of the amended plat is to clean up the plat. The rezoning
request will align the zoning with the new lot configurations. Because the existing built
28
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 20, 2016
Board Room, Estes Park Town Hall
2
environment will not be changed, the requirement for a Development Plan was waived. Service
providers can continue to adequately serve the area. Planner Gonzales stated the application was
routed to affected agencies and adjacent property owners, and no concerns or public comments
were received. Staff recommends approval of the rezoning request with one condition of
approval.
Staff and Commission Discussion
There was brief discussion regarding the sewer service easement through the property.
Public Comment
Logan Johnson/applicant representative was available to answer questions.
Condition of Approval
1.The Amended Plat of Lots 1-4, 11 and 12, Beaver point Heights shall be recorded within
sixty (60) days of the staff-level approval date.
It was moved and seconded (Moon/Klink) to recommend approval of the rezoning request to
the Estes Park Town Board with the condition of approval, and including findings of fact and
conclusions of law, as recommended by staff and the motion passed 4-0 with three absent.
4.REZONING REQUEST, LOTS 2 & 3, BLOCK 1, FALL RIVER ESTATES; 1471 & 1551 DAVID DRIVE
Planner Gonzales reviewed the staff report, stating this application also included a staff-level
amended plat, which proposes adjusting the common boundary line between current Lots 2 and
3. The result will leave newly created Lot 2A with a split zone (E-1–Estate and RM-Multi-family
Residential). Approval of the rezoning request will bring the property into compliance with the
EVDC and designate only one zone district for the new legal lot. Planner Gonzales stated the
requirement of a development plan was waived for this application because no new development
is proposed in conjunction with the rezoning request. Planner Gonzales stated the application was
routed to affected agencies and adjacent property owners. Area service providers are already
providing service to the property. Staff recommends approval, with one condition of approval.
Staff and Commission Discussion
None
Public Comment
Chris Beatty/applicant representative was available to answer questions.
Condition of Approval
1.The Amended Plat of Lots 2 & 3, Block 1, Fall River Estates shall be recorded within sixty
(60) days of the staff-level approval date.
29
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 20, 2016
Board Room, Estes Park Town Hall
3
It was moved and seconded (Murphree/Moon) to recommend approval to the Estes Park Town
Board of the rezoning request with the condition of approval, and including findings of fact and
conclusions of law, as recommended by staff and the motion passed 4-0 with three absent.
5.ELECTION OF OFFICERS
Chair Hull nominated Commissioner Moon for the position of Chair. Commissioner Murphree
seconded the nomination. Commissioner Moon was elected Chair by a 3-0 vote (Moon
abstained). This is a two-year position, commencing January, 2017 and expiring December, 2019.
Chair Hull nominated Commissioner Schneider for the position of Vice-Chair. Commissioner Klink
seconded the nomination. Commissioner Schneider was elected Vice-Chair by a 4-0 vote. This is a
two-year position, commencing January, 2017 and expiring December, 2019.
6.REPORTS
A. Director Hunt reported on December 15, 2016, the Town Trustees and County Commissioners
held a joint hearing on the proposed EVDC amendment regarding vacation rentals. Exhibit A
(draft amendment) passed unanimously, and takes effect immediately. The Town Clerk and
Community Development departments are currently working on getting the renewals and
registrations for 2017 revised and mailed. There remain significant differences of opinion as to
how to regulate vacation homes with occupancies of nine and more. The adopted code
amendment can be view on the town website at www.estes.org/vacationrentals. Community
Development staff is working on a document regarding frequently asked questions. He stated
the regulations should serve us well. The Estes Park Board of Appeals and Division of Building
Safety are still in discussion regarding vacation homes, as is the Larimer County Building
Department.
B. Director Hunt reported the Downtown Plan is moving forward, with numerous meetings with
the consultants. He stated substantial progress should occur over the next four months. The
target report date is December, 2017.
C. Director Hunt reported there have been some delays with finalizing the hydrology report. A
draft report has been sent to FEMA for a peer review. The final hydrology report should be
presented to the public in late January or early February. Floodplain mapping will occur after
the adoption of the hydrology report by the Town Board. He understands the community is
anxiously awaiting the results. Concerns from other peer reviews will be addressed in the final
report.
D. Chair Hull inquired about the variance request by the Estes Park Resort. Planner Gonzales
stated a variance was approved for a 25-foot setback from the wetland, in lieu of the 50-foot
required setback. Staff has not yet received an application for further development on the
property. Director Hunt stated the subject wetland is not a jurisdictional wetland.
E. Commissioner Moon thanked Director Hunt for all the hard work completed on the vacation
home code amendment. Director Hunt stated it was a team effort, and was pleased it was
30
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
December 20, 2016
Board Room, Estes Park Town Hall
4
adopted by the Town Trustees and County Commissioners. Commissioner Murphree
recognized Commissioners Moon and White for their work on the position statement.
There being no further business, Chair Hull adjourned the meeting at 2:03 p.m.
_________________________________
Betty Hull, Chair
___________________________________
Karen Thompson, Recording Secretary
31
32
FINANCE DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Duane Hudson, Finance Director
Date: 1/24/2017
RE: Engagement Letter with CliftonLarsonAllen LLP to complete the 2016
Audit
Objective:
Staff is seeking approval to execute the engagement letter with CliftonLarsonAllen LLP
(CLA) for the 2016 financial statement audit.
Present Situation:
The Town is required by state statute and multiple grant agreements to have a financial
statement audit of the year ended December 31, 2016. The audit as proposed by CLA in
the accompanying engagement letter is designed to meet those requirements.
This will be the fifth year with CLA, after which staff recommends issuing a Request for
Proposals (RFP) for audit services for the next five year term later this summer.
Proposal:
Staff recommends engaging CLA for the audit of the December 31, 2016 financial
statements.
Advantages:
The Town will be able to comply with the statutory and grantor agency requirements to
have a financial statement audit by an independent CPA firm in accordance with
applicable regulations. Engaging CLA at this time should also facilitate a timely
completion to the 2016 financial statement audit.
Disadvantages:
If the Town did not engage CLA for the audit, the Town would need to select another
auditor in order to remain in compliance with state statute and grantor requirements. This
would take time and result in delays in completion of the audit for 2016.
33
Action Recommended:
Staff requests that the Mayor be authorized to execute the 2016 financial statement audit
engagement letter with CLA.
Budget:
The audit fee is divided between the General Fund, Light and Power Fund, and the Water
Fund of the Town. Visit Estes Park is also part of the audit as a component unit of the
Town and pays for its share of the audit fee ($5,000). The Town’s portion of the total fee
is estimated to be approximately $38,775 assuming 1 major grant program in addition to
FEMA grants.
Level of Public Interest
The public is generally interested in the final outcome of financial statement audits,
specifically any management comments and suggestions, but renewal of auditors does
not generally peak the public’s interest.
Selection of auditors is done periodically, typically every five years, through a formal RFP.
Since this is the fifth year with CLA, the public may have some interest in the RFP process
later this year but minimal interest in renewal with CLA for the final year on their five year
engagement.
Sample Motion:
I move for the approval/denial to authorize the Mayor to execute the engagement letter
with CliftonLarsonAllen LLP for the 2016 financial statement and grant compliance audit.
34
December 9, 2016
Board of Trustees and Management
Town of Estes Park
P.O. Box 1200
170 MacGregor Ave.
Estes Park, CO 80517
Dear Board of Trustees and Management:
We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and
limitations of the audit and nonaudit services CliftonLarsonAllen LLP (“CLA,” “we,” “us,” and “our”) will provide for
the Town of Estes Park (“you,” “your,” or “the entity”) for the year ended December 31, 2016.
Paul Niedermuller is responsible for the performance of the audit engagement.
Audit services
We will audit the financial statements of the governmental activities, the business‐type activities, the aggregate
discretely presented component unit, each major fund, and the aggregate remaining fund information, which
collectively comprise the basic financial statements of the Town of Estes Park, as of and for the year ended
December 31, 2016, and the related notes to the financial statements.
The Governmental Accounting Standards Board (GASB) provides for certain required supplementary information
(RSI) to accompany the entity’s basic financial statements. The following RSI will be subjected to certain limited
procedures, but will not be audited.
1.Management’s discussion and analysis.
2.Schedule of funding progress.
3.Budgetary comparison schedules.
4.GASB‐required supplementary pension schedules.
We will also evaluate and report on the presentation of the following supplementary information other than RSI
accompanying the financial statements in relation to the financial statements as a whole:
1.Schedule of expenditures of federal awards.
2.Combining and individual fund statements and schedules.
3.Budgetary comparison schedules
4.Local highway finance report.
CliftonLarsonAllen LLP
370 Interlocken Boulevard, Suite 500
Broomfield, CO 80021
303-466-8822 | fax 303-466-9797
CLAconnect.com
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December 9, 2016
Town of Estes Park
Page 2
The following information other than RSI accompanying the financial statements will not be subjected to the
auditing procedures applied in our audit of the financial statements and our auditors’ report will not provide an
opinion or any assurance on that information:
1.Introductory section.
2.Statistical section.
Nonaudit services
We will also provide the following nonaudit services:
Preparation of your financial statements, schedule of expenditures of federal awards, and related notes.
Audit objectives
The objective of our audit is the expression of opinions about whether your basic financial statements are fairly
presented, in all material respects, in conformity with accounting principles generally accepted in the United States
of America (U.S. GAAP). Our audit will be conducted in accordance with auditing standards generally accepted in
the United States of America (U.S. GAAS); the standards for financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code
of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (Uniform Guidance). Our audit will include tests of your accounting records, a determination of
major program(s) in accordance with the Uniform Guidance, and other procedures we consider necessary to enable
us to express opinions and render the required reports. We will perform procedures on the financial information
of Visit Estes Park - Local Marketing District. We will apply certain limited procedures to the RSI in accordance with
U.S. GAAS. However, we will not express an opinion or provide any assurance on the RSI because the limited
procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. We will also
perform procedures to enable us to express an opinion on whether the supplementary information (as identified
above) other than RSI accompanying the financial statements is fairly stated, in all material respects, in relation to
the financial statements as a whole.
The objectives of our audit also include:
•Reporting on internal control over financial reporting and compliance with the provisions of laws,
regulations, contracts, and award agreements, noncompliance with which could have a material effect on
the financial statements in accordance with Government Auditing Standards.
•Reporting on internal control over compliance related to major programs and expressing an opinion (or
disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of
federal awards that could have a direct and material effect on each major program in accordance with the
Uniform Guidance.
The
Government
Auditing
Standards
report
on
internal
control
over
financial
reporting
and
on
compliance
and
other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope
of our testing of internal control and compliance and the result of that testing, and not to provide an opinion on the
effectiveness of the entity’s internal control or on compliance, and (2) that the report is an integral part of an audit
performed
in
accordance
with
Government
Auditing
Standards
in
considering
the
entity’s
internal
control
and
compliance. The Uniform Guidance report on internal control over compliance will include a paragraph that states
that the purpose of the report on internal control over compliance is solely to describe the scope of our testing of
internal control over compliance and the result of that testing based on the requirements of the Uniform Guidance.
Both reports will state that the report is not suitable for any other purpose.
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December 9, 2016
Town of Estes Park
Page 3
We will issue written reports upon completion of our audit of your financial statements and compliance with
requirements applicable to major programs. We cannot provide assurance that unmodified opinions will be
expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis‐of‐
matter or other‐matter paragraph(s), or withdraw from the engagement. If our opinions on the financial statements
or the single audit compliance opinion are other than unmodified, we will discuss the reasons with you in advance.
If circumstances occur related to the condition of your records, the availability of sufficient, appropriate audit
evidence, or the existence of a significant risk of material misstatement of the financial statements or material
noncompliance caused by error, fraudulent financial reporting, or misappropriation of assets, which in our
professional judgment prevent us from completing the audit or forming opinions on the financial statements or an
opinion on compliance, we retain the right to take any course of action permitted by professional standards,
including declining to express opinions or issue reports, or withdrawing from the engagement.
Auditor responsibilities, procedures, and limitations
We will conduct our audit in accordance with U.S. GAAS and the standards for financial audits contained in
Government Auditing Standards. Those standards require that we plan and perform the audit to obtain reasonable
assurance about whether the basic financial statements as a whole are free from material misstatement, whether
due to fraud or error. An audit involves performing procedures to obtain sufficient appropriate audit evidence
about the amounts and disclosures in the basic financial statements. The procedures selected depend on the
auditors’ judgment, including the assessment of the risks of material misstatement of the financial statements,
whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used
and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall
presentation of the basic financial statements.
There is an unavoidable risk, because of the inherent limitations of an audit, together with the inherent limitations
of internal control, that some material misstatements or noncompliance may not be detected, even though the
audit is properly planned and performed in accordance with U.S. GAAS, Government Auditing Standards, and the
Uniform Guidance. Because we will not perform a detailed examination of all transactions, material misstatements,
whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws
or governmental regulations that are attributable to the entity or to acts by management or employees acting on
behalf of the entity, may not be detected. Because the determination of abuse is subjective, Government Auditing
Standards do not expect auditors to provide reasonable assurance of detecting abuse.
In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental
regulations that do not have a direct and material effect on the financial statements or on major programs.
However, we will inform the appropriate level of management and those charged with governance of any material
errors, fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform
the appropriate level of management and those charged with governance of any violations of laws or governmental
regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our
attention. We will include such matters in the reports required for a single audit.
In making our risk assessments, we consider internal control relevant to the entity’s preparation and fair
presentation of the basic financial statements and compliance in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the
entity’s internal control. Tests of controls may be performed to test the effectiveness of certain controls that we
consider relevant to preventing and detecting fraud or errors that are material to the financial statements and to
preventing and detecting misstatements resulting from noncompliance with provisions of laws, regulations,
contracts, and grant agreements that have a material effect on the financial statements. Our tests, if performed,
will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion
will be expressed in our report on internal control issued pursuant to Government Auditing Standards.
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December 9, 2016
Town of Estes Park
Page 4
As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the
effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material
noncompliance with the direct and material compliance requirements applicable to each major federal award
program. However, our tests will be less in scope than would be necessary to render an opinion on those controls
and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform
Guidance.
An audit is not designed to provide assurance on internal control or to identify deficiencies, significant deficiencies,
or material weaknesses in internal control. However, we will communicate to you in writing significant deficiencies
or material weaknesses in internal control relevant to the audit of the basic financial statements that we identify
during the audit that are required to be communicated under AICPA professional standards, Government Auditing
Standards, and the Uniform Guidance.
As part of obtaining reasonable assurance about whether the financial statements are free of material
misstatement, we will perform tests of the entity’s compliance with the provisions of laws, regulations, contracts,
and grant agreements that have a material effect on the financial statements. However, the objective of our audit
will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on
compliance issued pursuant to Government Auditing Standards.
We will include in our report on internal control over financial reporting and on compliance relevant information
about any fraud; noncompliance with provisions of laws, regulations, contracts, or grant agreements; or abuse that
may have occurred that are required to be communicated under Government Auditing Standards.
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about
whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal
awards that may have a direct and material effect on each of the entity’s major programs. Our procedures will
consist of tests of transactions and other applicable procedures described in the “OMB Compliance Supplement”
for the types of compliance requirements that could have a direct and material effect on each of the entity’s major
programs. The purpose of these procedures will be to express an opinion on the entity’s compliance with
requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform
Guidance.
We will evaluate the presentation of the schedule of expenditures of federal awards accompanying the financial
statements in relation to the financial statements as a whole. We will make certain inquiries of management and
evaluate the form, content, and methods of preparing the schedule to determine whether the information
complies with U.S. GAAP and the Uniform Guidance, the method of preparing it has not changed from the prior
period, and the information is appropriate and complete in relation to our audit of the financial statements. We will
compare and reconcile the schedule to the underlying accounting records and other records used to prepare the
financial statements or to the financial statements themselves.
Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods
for which we are not engaged as auditors.
Management responsibilities
Our audit will be conducted on the basis that you (management and, when appropriate, those charged with
governance) acknowledge and understand that you have certain responsibilities that are fundamental to the
conduct of an audit.
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December 9, 2016
Town of Estes Park
Page 5
You are responsible for the preparation and fair presentation of the financial statements, RSI, and the schedule of
expenditures of federal awards in accordance with U.S. GAAP. Management is also responsible for identifying all
federal awards received, understanding and complying with the compliance requirements, and for the preparation
of the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance
with the requirements of the Uniform Guidance.
Management’s responsibilities include the selection and application of accounting principles; recording and
reflecting all transactions in the financial statements; determining the reasonableness of significant accounting
estimates included in the financial statements; adjusting the financial statements to correct material
misstatements; and confirming to us in the management representation letter that the effects of any uncorrected
misstatements aggregated by us during the current engagement and pertaining to the latest period presented are
immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Management is
responsible for compliance with applicable laws and regulations and the provisions of contracts and grant
agreements, including compliance with federal statutes, regulations, and the terms and conditions of federal
awards applicable to the entity’s federal programs. Your responsibilities also include identifying significant
contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and
completeness of that information.
You are responsible for the design, implementation, and maintenance of effective internal control, including
internal control over compliance, and for evaluating and monitoring ongoing activities to help ensure that
appropriate goals and objectives are met relevant to the preparation and fair presentation of financial statements
that are free from material misstatement, whether due to fraud or error; and that there is reasonable assurance
that government programs are administered in compliance with compliance requirements.
You are responsible for the design, implementation, and maintenance of internal controls to prevent and detect
fraud; assessing the risk that the financial statements may be materially misstated as a result of fraud; and for
informing us about all known or suspected fraud affecting the entity involving (1) management, (2) employees who
have significant roles in internal control, and (3) others where the fraud could have a material effect on the
financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or
suspected fraud affecting the entity received in communications from employees, former employees, grantors,
regulators, or others. In addition, you are responsible for implementing systems designed to achieve compliance
with applicable laws and regulations and the provisions of contracts and grant agreements, including compliance
with federal statutes, regulations, and the terms and conditions of federal awards applicable to the entity’s federal
programs; identifying and ensuring that the entity complies with applicable laws, regulations, contracts, and grant
agreements, including compliance with federal statutes, regulations, and the terms and conditions of federal
awards applicable to the entity’s federal programs; and informing us of all instances of identified or suspected
noncompliance whose effects on the financial statements should be considered.
You are responsible for taking timely and appropriate steps to remedy any fraud; noncompliance with provisions of
laws, regulations, contracts, or grant agreements; or abuse that we may report. Additionally, as required by the
Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes,
regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance
are identified, including noncompliance identified in audit findings; and to follow up and take prompt corrective
action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action
plan. The summary schedule of prior audit findings should be available for our review on February 20, 2017.
You are responsible for ensuring that management is reliable and for providing us with (1) access to all information
of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as
records, documentation, and other matters, and for the accuracy and completeness of that information, and for
39
December 9, 2016
Town of Estes Park
Page 6
ensuring the information is reliable and properly reported; (2) access to personnel, accounts, books, records,
supporting documentation, and other information as needed to perform an audit under the Uniform Guidance;
(3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons
within the entity from whom we determine it necessary to obtain audit evidence. You agree to inform us of events
occurring or facts discovered subsequent to the date of the financial statements that may affect the financial
statements.
You agree to include our report on the schedule of expenditures of federal awards in any document that contains
and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include
the audited financial statements with any presentation of the schedule of expenditures of federal awards that
includes our report thereon or make the audited financial statements readily available to intended users of the
schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is
issued with our report thereon. Your responsibilities include acknowledging to us in the representation letter that
(1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the
Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is
fairly presented in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have
not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and
(4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or
presentation of the schedule of expenditures of federal awards.
You agree to include our report on the supplementary information in any document that contains, and indicates
that we have reported on, the supplementary information. You also agree to include the audited financial
statements with any presentation of the supplementary information that includes our report thereon or make the
audited financial statements readily available to users of the supplementary information no later than the date the
supplementary information is issued with our report thereon. You agree to provide us written representations
related to the presentation of the supplementary information.
Management is responsible for providing us with a written confirmation concerning representations made by you
and your staff to us in connection with the audit and the presentation of the basic financial statements and RSI.
During our engagement, we will request information and explanations from you regarding, among other matters,
the entity’s activities, internal control, future plans, specific transactions, and accounting systems and procedures.
The procedures we will perform during our engagement and the conclusions we reach as a basis for our report will
be heavily influenced by the representations that we receive in the representation letter and otherwise from you.
Accordingly, inaccurate, incomplete, or false representations could cause us to expend unnecessary effort or could
cause a material fraud or error to go undetected by our procedures. In view of the foregoing, you agree that we
shall not be responsible for any misstatements in the entity’s financial statements that we may fail to detect as a
result of misrepresentations made to us by you.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and
recommendations. Management is also responsible for identifying and providing report copies to us of previous
financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed
in the “Audit objectives” section of this letter. This responsibility includes relaying to us corrective actions taken to
address significant findings and recommendations resulting from those audits, attestation engagements,
performance audits, or other engagements or studies. You are also responsible for providing management’s views
on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the
report, and for the timing and format for providing that information.
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December 9, 2016
Town of Estes Park
Page 7
Responsibilities and limitations related to nonaudit services
For all nonaudit services we may provide to you, management agrees to assume all management responsibilities;
oversee the services by designating an individual, preferably within senior management, who possesses suitable
skill, knowledge, and/or experience to understand and oversee the services; evaluate the adequacy and results of
the services; and accept responsibility for the results of the services.
The responsibilities and limitations related to the nonaudit services performed as part of this engagement are as
follows:
We will prepare a draft of your financial statements, schedule of expenditures of federal awards, and
related notes in conformity with U.S. GAAP and the Uniform Guidance based on information provided by
you. Since the preparation and fair presentation of the financial statements and schedule of expenditures
of federal awards is your responsibility, you will be required to acknowledge in the representation letter
our assistance with preparation of the financial statements and schedule of expenditures of federal awards
and that you have reviewed and approved the financial statements, schedule of expenditures of federal
awards, and related notes prior to their issuance and have accepted responsibility for them. You have a
responsibility to be in a position in fact and appearance to make an informed judgment on those financial
statements and schedule of expenditures of federal awards.
These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not
be conducted in accordance with Government Auditing Standards.
Use of financial statements
The financial statements and our report thereon are for management’s use. If you intend to reproduce and publish
the financial statements and our report thereon, they must be reproduced in their entirety. Inclusion of the audited
financial statements in a document, such as an annual report or an offering document should be done only with our
prior approval of the document. You are responsible to provide us the opportunity to review such documents
before issuance.
If the parties (i.e., you and CLA) agree that CLA will not be involved with your official statements related to
municipal securities filings or other offering documents, we will require that any official statements or other
offering documents issued by you with which we are not involved clearly indicate that CLA is not involved with the
contents of such documents. Such disclosure should read as follows:
CliftonLarsonAllen LLP, our independent auditor, has not been engaged to perform and has not performed,
since the date of its report included herein, any procedures on the financial statements addressed in that
report. CliftonLarsonAllen LLP also has not performed any procedures relating to this offering document.
With regard to the electronic dissemination of audited financial statements, including financial statements
published electronically on your website or submitted on a regulator website, you understand that electronic sites
are a means to distribute information and, therefore, we are not required to read the information contained in
those sites or to consider the consistency of other information in the electronic site with the original document.
We may issue preliminary draft financial statements to you for your review. Any preliminary draft financial
statements should not be relied on or distributed.
Engagement administration and other matters
We expect to begin our audit on approximately February 20, 2017.
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December 9, 2016
Town of Estes Park
Page 8
We understand that your employees will prepare all confirmations, account analyses, and audit schedules we
request and will locate any documents or invoices selected by us for testing. A list of information we expect to need
for our audit and the dates required will be provided in a separate communication.
At the conclusion of the engagement, we will complete the auditor sections of the electronic Data Collection Form
SF‐SAC and perform the steps to certify the Form SF‐SAC and single audit reporting package. It is management’s
responsibility to complete the auditee sections of the Data Collection Form. We will create the single audit
reporting package PDF file for submission; however, it is management’s responsibility to review for completeness
and accuracy and electronically submit the reporting package (including financial statements, schedule of
expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective action
plan) along with the Data Collection Form to the federal audit clearinghouse and, if appropriate, to pass‐through
entities. The Data Collection Form and the reporting package must be electronically submitted within the earlier of
30 calendar days after receipt of the auditors’ reports or nine months after the end of the audit period.
We will provide copies of our reports to the entity; however, management is responsible for distribution of the
reports and the financial statements. Unless restricted by law or regulation, or containing privileged and
confidential information, copies of our reports are to be made available for public inspection.
We are available to perform additional procedures with regard to fraud detection and prevention, at your request,
as a separate engagement, subject to completion of our normal engagement acceptance procedures. The terms
and fees of such an engagement would be documented in a separate engagement letter.
The audit documentation for this engagement is the sole and exclusive property of CLA and constitutes confidential
and proprietary information. However, subject to applicable laws and regulations, audit documentation and
appropriate individuals will be made available upon request and in a timely manner to the Town’s Cognizant or
Oversight Agency for Audit, or its designee, a federal agency providing direct or indirect funding, or the U.S.
Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry
out oversight responsibilities. We will notify you of any such request. If requested, access to such audit
documentation will be provided under the supervision of CLA personnel. Furthermore, upon request, we may
provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or
decide, to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of seven years after the report
release date or for any additional period requested by the Town of Estes Park. If we are aware that a federal
awarding agency, pass‐through entity, or auditee is contesting an audit finding, we will contact the party(ies)
contesting the audit finding for guidance prior to destroying the audit documentation.
CLA will not disclose any confidential, proprietary, or privileged information of the entity to any persons without
the authorization of entity management or unless required by law. This confidentiality provision does not prohibit
us from disclosing your information to one or more of our affiliated companies in order to provide services that you
have requested from us or from any such affiliated company. Any such affiliated company shall be subject to the
same restrictions on the use and disclosure of your information as apply to us.
Professional standards require us to be independent with respect to you in the performance of these services. Any
discussion that you have with our personnel regarding potential employment with you could impair our
independence with respect to this engagement. Therefore, we request that you inform us prior to any such
discussions so that we can implement appropriate safeguards to maintain our independence and objectivity.
Further, any employment offers to any staff members working on this engagement without our prior knowledge
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may require substantial additional procedures to ensure our independence. You will be responsible for any
additional costs incurred to perform these procedures.
Our relationship with you is limited to that described in this letter. As such, you understand and agree that we are
acting solely as independent accountants. We are not acting in any way as a fiduciary or assuming any fiduciary
responsibilities for you. We are not responsible for the preparation of any report to any governmental agency, or
any other form, return, or report or for providing advice or any other service not specifically recited in this letter.
Our engagement and responsibility end on delivery of our signed report. Any additional services that might be
requested will be a separate, new engagement. The terms and conditions of that new engagement will be governed
by a new, specific engagement letter for that service.
Government Auditing Standards require that we make our most recent external peer review report publicly
available. The report is posted on our website at www.CLAconnect.com/Aboutus/.
Mediation
Any disagreement, controversy, or claim (“Dispute”) that may arise out of any aspect of our services or relationship
with you, including this engagement, shall be submitted to non‐binding mediation by written notice (“Mediation
Notice”) to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid
of an impartial mediator.
The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to
discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable
resolution of the Dispute.
Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by
the parties.
Time limitation
The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully and
fairly establishes the facts underlying any Dispute that may arise between the parties. The parties agree that,
notwithstanding any statute or law of limitations that might otherwise apply to a Dispute, including one arising out
of this agreement or the services performed under this agreement, for breach of contract or fiduciary duty, tort,
fraud, misrepresentation or any other cause of action or remedy, any action or legal proceeding by you against us
must be commenced within twenty‐four (24) months (“Limitation Period”) after the date when we deliver our final
audit report under this agreement to you, regardless of whether we do other services for you relating to the audit
report, or you shall be forever barred from commencing a lawsuit or obtaining any legal or equitable relief or
recovery.
The Limitation Period applies and begins to run even if you have not suffered any damage or loss, or have not
become aware of the existence or possible existence of a Dispute.
Fees
The charges for our work are to be based upon the time involved, degree of responsibility assumed and skills
required, plus expenses including internal and administrative charges. Bills for services are due when submitted.
Interim bills may be submitted at periodic dates to cover charges and expenses incurred. If a bill for services is not
paid when due, we reserve the right to cease work and withdraw from the engagement.
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It is hereby agreed that our fee will not exceed $25,075. If necessary, audits of major federal programs under the
provisions of the Uniform Guidance will be performed at a fee of $4,300 per major program, except for testing
related to the Federal Emergency Management Agency (FEMA), which will be performed at a fee of up to $6,600, if
necessary. In addition, audit work related to the additional reporting requirements of GASB Statement No. 68,
Accounting and Financial Reporting for Pensions will be performed at a fee of $2,500. Finally, our fee for procedures
performed over Visit Estes Park – Local Marketing District will be $5,000. These fees are based on our
understanding that your accounting records, including supporting schedules, a list of which will be communicated in
a separate letter, will be substantially completed by one week prior to the start of final fieldwork. We expect that
your office personnel will help us by locating and providing us with invoices, vouchers, and other corporate
documents and records that we request. We do not anticipate that we will encounter any substantial amount of
accounting work to be completed or adjusted by us, or any defalcation or other significant problem or contingency.
We will, of course, advise you before undertaking any work that would require an increase in the fee arrangement.
Unanticipated services
We do not anticipate encountering the need to perform additional services beyond those described in this letter.
Below are listings of services considered to be outside the scope of our engagement. If any such service needs to be
completed before the audit can proceed in an efficient manner, we will determine whether we can provide the
service and maintain our independence. If appropriate, we will notify you and provide a fair and reasonable price
for providing the service. We will bill you for the service at periodic dates after the additional service has been
performed.
Bookkeeping services
Bookkeeping services are not audit services. Bookkeeping services include the following activities:
Preparation of a trial balance
Account reconciliations
Bank statement reconciliations
Capital asset accounting (e.g., calculating depreciation, identify capital assets for additions and
deletions)
Calculating accruals
Analyzing transactions for proper recording
Converting cash basis accounting records to accrual basis
Preparation of financial statements and the related notes to the financial statements
Processing immaterial adjustments through the financial statements
Adjusting the financial statements for new activities and new disclosures
Additional work resulting from unanticipated changes in your organization or accounting records
If your organization undergoes significant changes in key personnel, accounting systems, and/or internal
control, we are required to update our audit documentation and audit plan. The following are examples of
situations that will require additional audit work:
Revising documentation of your internal control for changes resulting from your implementation of
new information systems
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Deterioration in the quality of the entity’s accounting records during the current‐year engagement
in comparison to the prior‐year engagement
Significant new accounting issues
Significant changes in your volume of business
Mergers, acquisitions, or other business combinations
New or unusual transactions
Changes in audit scope or requirements resulting from changes in your activities
Erroneous or incomplete accounting records
Evidence of material weaknesses or significant deficiencies in internal control
Substantial increases in the number or significance of problem loans
Regulatory examination matters
Implementation or adoption of new or existing accounting, reporting, regulatory, or tax
requirements
New financial statement disclosures
Changes in engagement timing and assistance by your personnel
The fee estimate is based on anticipated cooperation from your personnel and their assistance with timely
preparation of confirmations and requested schedules. If the requested items are not available on the
dates required or are not accurate, we will advise management. Additional time and costs may be
necessary because of such unanticipated delays. Examples of situations that may cause our estimated fee
to increase include:
Significant delays in responding to our requests for information such as reconciling variances or
providing requested supporting documentation (e.g., invoices, contracts, and other documents)
Rescheduling our fieldwork
Schedule disruption caused by litigation, financial challenges (going concern), loan covenants
(waivers), etc.
Identifying a significant number of proposed audit adjustments
Schedules prepared by your personnel that do not reconcile to the general ledger
Numerous revisions to information and schedules provided by your personnel
Restating financial statements for accounting errors in the prior year
Lack of availability of entity personnel during audit fieldwork
Changes in accounting and audit standards
Standard setters and regulators continue to evaluate and modify standards. Such changes may result in new or
revised financial reporting and disclosure requirements or expand the nature, timing, and scope of the activities we
are required to perform. To the extent that the amount of time required to provide the services described in the
letter increases due to such changes, our fee may need to be adjusted. We will discuss such circumstances with you
prior to performing the additional work.
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Other fees
You also agree to compensate us for any time and expenses, including time and expenses of legal counsel, we may
incur in responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other
proceedings that we are asked to respond to on your behalf.
Agreement
We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant
terms of our engagement. This letter constitutes the entire agreement regarding these services and supersedes all
prior agreements (whether oral or written), understandings, negotiations, and discussions between you and CLA. If
you have any questions, please let us know. Please sign, date, and return a copy of this letter to us to indicate your
acknowledgment and understanding of, and agreement with, the arrangements for our audit of your financial
statements including the terms of our engagement and the parties’ respective responsibilities.
Sincerely,
CliftonLarsonAllen LLP
Paul Niedermuller, CPA
Principal
303‐466‐8822
Paul.Niedermuller@CLAconnect.com
Response:
This letter correctly sets forth the understanding of the Town of Estes Park.
Authorized governance signature:
Title:
Date:
Authorized management signature:
Title:
Date:
46
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: 1-24-2017
RE: Revised policy 102 Town Committees – Consent Agenda Item
Objective:
All adopted Town policies are reviewed on a regularly scheduled basis to make sure
they are up to date and still valid. The annual review of Policy 102 revealed some minor
housekeeping changes needed to policy.
Present Situation:
Two Town committees have had their name changed since this policy was originally
adopted. The Transportation Advisory Committee is now the Transportation Advisory
Board and the Tree Board is now the Parks Advisory Board.
Proposal:
Change Policy 102 to reflect the current nomenclature for these two Boards.
Advantages:
Housekeeping matter only
Consistency in naming of Town committees.
Disadvantages:
None – housekeeping only
Action Recommended:
Approve on consent the revised policy 102
Budget:
Budget account number, fund name and amount if applicable
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Effective Period: Until Superseded
Review Schedule: Annual - January
Effective Date: February 1, 2017
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD GOVERNANCE POLICIES
102
Town Committees
1. PURPOSE
To establish a uniform Policy and Procedure process for Town of Estes Park committees
and to provide reference for cross training and training new personnel.
2. SCOPE
This Policy and Procedure applies to all Town citizen volunteer boards, commissions and
task forces, herein collectively referred to as “committees” and the appropriate staff who
support the functions of these entities. This Policy and Procedure does not apply to
internal staff committees, committees not appointed by the Town Board or outside
independent committees.
3. RESPONSIBILITY
The Town Administrator and Town staff shall be responsible for the implementation of
this Policy and Procedure.
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TABLE OF CONTENTS
1.PURPOSE ........................................................................................................................................................................ 1
2.SCOPE .............................................................................................................................................................................. 1
3.RESPONSIBILITY .......................................................................................................................................................... 1
4.PROCEDURE .................................................................................................................................................................. 4
a. Definitions ................................................................................................................................................................. 4
i. Committee Types .................................................................................................................................................................. 4
ii.Town Board Liaison ............................................................................................................................................................ 5
iii.Staff Liaison .......................................................................................................................................................................... 5
b.Terms .......................................................................................................................................................................... 6
c.Recruitment .............................................................................................................................................................. 6
i. Recruitment ............................................................................................................................................................................. 6
ii. Applications ........................................................................................................................................................................... 6
iii.Eligibility ................................................................................................................................................................................ 6
d.Selection Process .................................................................................................................................................... 7
e.Notification ............................................................................................................................................................... 8
f.Vacancies .................................................................................................................................................................... 8
g.Committee Alternatives ....................................................................................................................................... 8
h.Staff Support ............................................................................................................................................................ 8
i.Trustees Liaison ....................................................................................................................................................... 8
j.Orientation and Training ...................................................................................................................................... 9
k.Bylaws ........................................................................................................................................................................ 9
l.Recognition ................................................................................................................................................................ 9
m. Ownership of Intellectual Property ............................................................................................................. 10
n.Open Meetings ....................................................................................................................................................... 10
o.Decision Making .................................................................................................................................................... 10
p.Compensation and Reimbursement .............................................................................................................. 10
i. Compensation ....................................................................................................................................................................... 10
ii.Mileage ................................................................................................................................................................................... 11
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iii. Meals ...................................................................................................................................................................................... 11
iv. Expenses .............................................................................................................................................................................. 11
q.Insurance Coverage ............................................................................................................................................. 11
r.Conflict of Interest ................................................................................................................................................ 11
s.Gifts ............................................................................................................................................................................ 12
t.Minutes...................................................................................................................................................................... 12
u.Agendas .................................................................................................................................................................... 12
v.Waivers .................................................................................................................................................................... 12
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4. PROCEDURE
NOTE: In instances where federal or state regulations and laws differ from this
policy/procedure, the federal and state laws and regulations will be followed.
a. Definitions
i. Committee Types
Committees serve many different roles within the Town. It is important that staff
and committee members fully understand the role of each committee and the
authority and responsibility for the committee and its members. To help define
these roles, each committee will be designated as to type, as defined below:
(1) Advisory Committees
An advisory committee serves a forum of citizens to advise and assist the Town
Board and/or a requesting Town department, providing them with technical and
non-technical advice on issues. Advisory committees are not authorized to
make decisions on behalf of the Town. The Town Board will consider the input
of advisory committees, as well as other community members, in making
decisions on issues. The Town Board may or may not take action that is in
agreement with the advice of a Town advisory committee. Advisory
committees may not speak for the Town or take independent positions on
issues with the public or the press. Its purpose is to advise the Town Board or
the requesting department only.
Constituent Advisory Committee: This type of advisory committee is used
as a polling type committee used to develop a sampling of community reaction
and opinion on an issue or program(s). The membership on this type of
committee should be broad based and accurately reflect the total diversity of
the larger public. Example: The Transportation Advisory Board
Content –Advice-giving Committee: This type of advisory committee is
created to give advice to the Town Board or appropriate department to aid with
decision making processes. Varied interests and opinions are encouraged, and
the advisory committee may be asked to develop specific proposals and
products for Town Board or department consideration. Membership is selected
to encourage a wide variety of input from respected individuals from the
community with specialized expertise. This advisory committee may or may not
be a demographic reflection of the community as a whole. Example – The
Parks Advisory Board
Working Group: This type of advisory committee may reflect both the content
or advisory type of committee, but is further charged with implementation of a
project or program. Example – The Police Auxiliary
(2) Quasi-judicial Committees
Some committees and commissions are defined in state statute and have
certain statutory responsibilities and authorities, as designated by statute.
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Often these committees have the authority to hold formal hearings, accept
testimony, and make decisions which have some level of legal standing. These
decisions may or may not be subject to review by the Town Board. Members
of these committees must be cognizant of protecting the unbiased quasi-judicial
nature of the committee and its formal hearings. Activities of these committees
are limited to those authorities granted in statute or specifically by the Town
Board. Example – The Planning Commission
(3) Decision-Making Committees
Decision-making committees are bodies that either statutorily or as granted by
the Town Board have authority to make decisions which may include some of
the following: approving citizen requests and applications, allocating resources,
hiring or firing employees or adopting regulations. The specific authority of each
decision-making committee is defined in statute or in the bylaws as approved
by the Town Board. Examples – The Board of Adjustment, Board of Appeals
(4) Ad-Hoc Task Forces
Task forces are special ad-hoc panels created by the Town Board for a specific
project or task. Task forces are limited in duration and are not ongoing entities.
The responsibilities of the task force shall be designated by resolution by the
Town Board at the time the Town Board authorizes the formation of the task
force. The Town Board will consider the input of task forces, as well as other
community members, in making decisions on issues. The Town Board may or
may not take action that is in agreement with the advice of a Town task force.
Task forces may not speak for the Town, and are to advise the Town Board or
the appropriate department only, and are not to take independent positions on
issues with the public or the press. Examples – Bond Park Committee,
Transportation Visioning Committee
(5) Outside and Independent Committees
These are committees that may or may not be appointed wholly or partially by
the Town Board, but are independent autonomous committees, often serving
a governance role for another entity. This includes, but is not limited to the
Estes Valley Library Board, the Local Marketing District, the Estes Park
Housing Authority, and Western Heritage Inc.
ii. Town Board Liaison
The Town Trustee assigned to the committee pursuant to Governing Policy 1.7
iii. Staff Liaison
A staff position responsible for the coordination and communication with the
assigned committee and the day-to-day support for the committee.
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b. Terms
The term for committee membership shall be defined in the bylaws of each committee.
Terms for outside committees are the responsibility of the specific committee and not
the Town of Estes Park.
Terms for all committee members will be staggered with the exception of ad-hoc or
temporary committees, which may have a finite sunset.
Mid-term appointments to positions that become vacant may be made at any time or
may be postponed to the regular term period, at the discretion of the Town Board.
Unless otherwise specified by statute, members of a committee serve at the pleasure
of the Town Board, have no property interest or entitlement in their membership or
office and may be removed at any time for any reason by the Town Board.
c. Recruitment
The Town Clerk will publicize and advertise committee vacancies each year, and on
an as-needed basis throughout the year, utilizing paid advertising, press releases to
electronic and print media, the Town website, and other produced materials that might
engage interested residents. Applications shall be available on the Town website, at
Town Hall and at the Estes Valley Library.
i. Recruitment
Current committee members are encouraged to help recruit potential committee
members, especially when specific targeted populations or expertise is required.
Staff and Trustees may encourage individuals to apply for any open committee
position, however they must be clear that the authority to appoint to a committee
is solely the responsibility of the Board of Trustees, and there is no implied promise
or guarantee of appointment.
ii. Applications
All citizens interested in serving on a committee shall complete an official Town
application. These applications will be available from the Town Clerk’s office and
on the Town website. Applications must be returned by the deadline to the Town
Clerk’s office. Online applications are accepted from the Town website.
Citizens may apply for up to three committees at a time. When applying for more
than one committee, applicants should prioritize their requests on the committee
application form.
iii. Eligibility
Eligibility for any committee shall be defined in the bylaws of each committee.
However, except by special circumstance as approved by the Town Board, all
members of any Town committee shall be residents of the Town of Estes Park.
No individual who is currently serving a sentence after being convicted of a felony
may serve on any Town board. Due to the time commitment involved, and to allow
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as many citizens the chance to participate in Town committees, serving on more
than one Town committee at a time is discouraged. However, the Town Board
reserves the right to appoint individuals to multiple committees when, in the opinion
of the Town Board, it is in the best interest of the Town.
d. Selection Process
The Town Board will seek the most qualified diverse applicants with applicable special
interest and expertise. In general, only the Town Board will select appointments to a
Town committee. Existing committee members may assist with the recruitment of new
members, but should not screen, interview or make recommendations for
appointments, unless specifically requested to do so by the Town Board.
Selection to the committees will be carried out as follows:
1. The Town Board or its designee(s) will review the applications.
2. The Trustees or their designee(s) may screen applicants to select a pool for
interviewing.
3. The Trustees or their designee may conduct reference checks or background
checks on applicants when, in the opinion of the Town Board or its designee(s),
it is in the best interest of the citizens of the Town of Estes Park. No such
checks will be completed without the informed consent of the applicant.
4. Applicants for all committees will be interviewed by the Town Board, or its
designees. Any designees will be appointed by the full Town Board.
a. Personal interviews shall be conducted prior to any appointment to a
Town committee, unless specifically waived by the Town Board, or as
excepted below.
b. Prior to candidate interviews, the Town Board or its designee(s)
assigned to conduct the interviews shall develop selection and
evaluation criteria for review of the candidates.
5. The Trustees may request assistance from the staff liaison and other
committee members.
6. Recommendations from the interview team will be made to the Town Board,
which will make the appointment(s).
Incumbent committee members who are eligible for reappointment will be contacted
by the Town Clerk’s office to assess their interest in being reappointed. Members who
desire reappointment will be considered along with all other applicants. Incumbents
may be interviewed by the Town Board or its designee, at the discretion of the Town
Board.
By agreeing to serve on a Town committee, the member agrees to abide by this policy
of the Town Board. Any committee member who violates the terms of this Policy and
Procedure or the bylaws of the committee may be asked to resign or be removed from
the committee by the Town Board.
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e. Notification
The Town Clerk’s office will notify applicants of scheduled interviews. The Town
Clerk’s office will promptly notify applicants and incumbents requesting
reappointment, of appointments and the status of their applications.
f. Vacancies
The Town Clerk’s office will keep all applications on file for one year. If vacancies
occur during the year, the position may be filled from the current list of applicants using
the selection process delineated or through advertising for interested volunteers. For
difficult to recruit committees, applications may be kept on file for two years.
Resignations from any committee should be addressed in writing to the Town Board
or Town Administrator.
g. Committee Alternatives
No Town committee will have members designated as alternates. All members, other
than those designated as ex-officio or associate, shall have full membership and
voting privileges on all Town committees.
Where federal or state laws or municipal ordinances require alternates Section
102.3.7.1 is waived.
Alternate/non-voting members who wish to become regular members must complete
an application for the appropriate committee.
h. Staff Support
Staff support is available to committees through the staff liaison assigned to support
each committee.
It is the responsibility of the Town Board, in coordination with the staff liaison to provide
the necessary budget and other resources for any committee to perform its assigned
duties.
It is the responsibility of the staff liaison to ensure the committee has adequate and
reasonable staff support within budgeted resources.
Staff support and staff liaisons will not be members of the committee to which they are
assigned.
It is the responsibility of the staff liaison to make requests for the Trustees' liaison to
attend assigned committee meetings through the Town Clerk.
i. Trustees Liaison
Individual Trustees may be assigned as liaisons to a committee by the Town Board.
The role of the Trustee liaison is:
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To serve as the primary two-way communication channel between the Town
Board and the committee.
If so designated by the Town Board, to review applications, interview
candidates and make recommendations to the Town Board for approval.
Serve as the primary Town Board contact with the committee.
Attend assigned committee meetings when requested or whenever
appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not
expected to attend every meeting of the committee.
Any Trustee may attend the meeting of any committee; however they should
notify the official Town Board liaison in advance of attending. This notification
will allow the liaison to know when a quorum of the Town Board may be
attending the committee meeting and to notify the Town Clerk so the
appropriate public notifications can be made, in compliance with the Colorado
Open Meetings Act.
The liaison is not a member of the committee and when in attendance at a
committee meeting, shall be there as an observer for the Town Board.
Participation in committee discussions should be minimal and restricted to
clarification of Town Board positions or collection of information to bring back
to the full Town Board.
j. Orientation and Training
Staff liaisons should provide new committee members with pertinent materials that will
assist new members in becoming fully functioning members of the committee,
including a copy of the bylaws and a copy of this policy. Staff liaisons should clearly
inform all new members of the role of the committee and the responsibilities and
authority of the committee. Established committee members are encouraged to share
their experience and knowledge with new members. New members are encouraged
to attend meetings before their term begins. All new committee members shall receive
and acknowledge the receipt of the Town of Estes Park Volunteer Manual.
k. Bylaws
Each committee shall adopt bylaws that are consistent with these policies. A copy of
the bylaws shall be sent to the Clerk’s office prior to adoption, for staff and Town Board
review. This Policy and Procedure shall be incorporated, by reference, into the bylaws
of all Town committees, The bylaws shall include a description of the objectives and
duties or tasks of the committee, as set by the Town Board or the appropriate
department.
l. Recognition
The Town Board shall recognize the Town’s volunteers annually, in a manner
determined by the Town Board.
The Town Board will send a letter of appreciation to all outgoing committee members
in good standing.
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m. Ownership of Intellectual Property
Any documents, articles, reports or correspondence, recommendations or other
products produced by a Town committee shall be the sole property of the Town of
Estes Park.
No committee or member of a committee may copyright or in any other way take
ownership for any documents, articles, recommendations or other products produced
as a function of the Town committee.
All documents and correspondence produced as part of the regular business of any
committee shall be subject to the same open records policies applicable to all Town
documents and correspondence.
All documents and publications of any Town committee must be clearly identified as
belonging to or originating from the Town of Estes Park.
n. Open Meetings
All meetings and actions of any committee shall be in full compliance with state
statutes governing open meetings. It is the responsibility of the staff liaison to be
familiar with these statutes and regulations.
o. Decision Making
Any actions, recommendations or discussions of any committee shall be limited to the
defined objectives of the body as described in the approved bylaws.
A common point of misunderstanding with committees and citizens is the role of the
committee in decision making and the type of decision making to be employed by the
committee for a particular issue. The Town Board realizes that not one method of
decision making fits all situations; however it is important that the type of decision be
declared early in the process of public discourse. The type of decision process is
dependent on the issue involved, the time frame available and the amount of public
participation desired.
It is the responsibility of the staff liaison to assist the committee in its decision-making
process and to train new and existing members in the appropriate responsibilities and
authorities of the committee and its members. Staff liaisons are not to exert undue
influence during the decision-making process, but only to keep the decision making of
the committee in agreement with the objectives set by the Town Board.
p. Compensation and Reimbursement
i. Compensation
Citizens who serve on Town committees do so as volunteers. There will be no
financial compensation or reimbursement of expenses, except as noted below, for
any volunteers on any committee.
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ii. Mileage
Committee members may request reimbursement for mileage to attend any
committee function if the member must travel greater than 10 miles from their
residence. Mileage will be reimbursed at the rate currently adopted for Town travel
by the Town Board. The staff liaison is responsible for approving mileage
reimbursements for committees within the budget provided by the Town Board.
iii. Meals
Meals may be provided by the Town as part of regular meetings of the committee,
as budgeted.
iv. Expenses
Members of committees may be reimbursed for out-of-pocket costs associated
with the business of the committee provided the expenditures have been
previously budgeted by the Town Board and authorized in advance by the
assigned staff liaison or Town Administrator. (For example, office supplies, copies,
printing, etc.) Other expenses may be reimbursed if, in the judgment of the staff
liaison, such reimbursement is in the best interest of the Town.
q. Insurance Coverage
General liability (liability other than auto, including general, law enforcement and
professional) is provided to all volunteers.
Volunteers are not covered by the Town’s workers’ compensation coverage. Any
injuries incurred while volunteering is the responsibility of the individual volunteer.
Specific to automobile insurance, both physical damage and legal liability for bodily
injury or death is covered for all volunteers driving town vehicles, subject to coverage
limits pursuant to the Town’s coverage. In addition, liability is covered for all volunteers
driving their personal vehicles on Town business; however the following claims are
excluded from coverage.
Bodily injury or death to passengers (including friends and family) who are not
on official town business.
Physical damage to non-Town owned vehicles used on Town business.
Property insurance is not provided to any personal property of the volunteer.
r. Conflict of Interest
A conflict of interest occurs when a person’s private, personal relationships or interests
conflict so that an independent observer may reasonably question whether the
person’s actions or decisions are determined by personal benefit, gain, or advantage.
Members of committees shall not use their membership for private gain, and shall act
impartially and not give preferential treatment to any private organization or individual.
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A member of any committee who has a personal or private interest in a matter
proposed or pending shall disclose such interest to the committee; shall not vote on
the item; and shall not attempt to influence the decisions of other members voting on
the matter.
s. Gifts
Acceptance of or giving of any gifts by a committee member, which could lead to a
conflict of interest, is prohibited. In particular, no member of any committee may
accept or give a gift in excess of the value specified in Article XXIX of the Colorado
State Constitution, from any individual, organization, contractor, or any other entity
which does business with the Town or has any control of or interest in Town business
related to the activities of his or her particular committee.
t. Minutes
Minutes shall be recorded of all meetings of any Town committee that are subject to
the Colorado Open Meetings Act. Approved or draft minutes should be posted as
soon as practicable after the meeting in question. Committees are strongly
encouraged to post draft minutes prior to the final approval of the minutes at the next
meeting of the committee. At a minimum, minutes shall be published on the Town
website within seven days of approval by the committee.
Minutes should record any formal actions taken by the committee. Minutes are not
intended to be verbatim transcripts of the meeting. The amount of detail included in
the minutes beyond the recording of actions is left to the discretion of each committee.
u. Agendas
Agendas for all public committee meetings will be posted on the Town website a
minimum of six days prior to the meeting, whenever possible.
v. Waivers
Any section of this policy can be waived by a majority vote of the Town Board.
Approved:
_____________________________
Todd Jirsa, Mayor
_____________
Date
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Effective Period: Until Superseded
Review Schedule: Annual - January
Effective Date: May 15, 2013February 1, 2017
References: Governance Policy Manual 1.6 Board Appointed Committee Principles
TOWN BOARD GOVERNANCE POLICIES
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1. PURPOSE
To establish a uniform Policy and Procedure process for Town of Estes Park committees
and to provide reference for cross training and training new personnel.
2. SCOPE
This Policy and Procedure applies to all Town citizen volunteer boards, commissions and
task forces, herein collectively referred to as “committees” and the appropriate staff who
support the functions of these entities. This Policy and Procedure does not apply to
internal staff committees, committees not appointed by the Town Board or outside
independent committees.
3. RESPONSIBILITY
The Town Administrator and Town staff shall be responsible for the implementation of
this Policy and Procedure.
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TABLE OF CONTENTS
1.PURPOSE ........................................................................................................................................................................ 1
2.SCOPE .............................................................................................................................................................................. 1
3.RESPONSIBILITY .......................................................................................................................................................... 1
4.PROCEDURE ................................................................................................................................................................ 43
a. Definitions ............................................................................................................................................................... 43
i. Committee Types ................................................................................................................................................................ 43
ii. Town Board Liaison .......................................................................................................................................................... 54
iii. Staff Liaison ........................................................................................................................................................................ 54
b.Terms ........................................................................................................................................................................ 65
c.Recruitment ............................................................................................................................................................ 65
i. Recruitment ........................................................................................................................................................................... 65
ii. Applications ......................................................................................................................................................................... 65
iii. Eligibility .............................................................................................................................................................................. 65
d.Selection Process .................................................................................................................................................. 76
e.Notification ............................................................................................................................................................. 87
f.Vacancies .................................................................................................................................................................. 87
g.Committee Alternatives ..................................................................................................................................... 87
h.Staff Support .......................................................................................................................................................... 87
i.Trustees Liaison ....................................................................................................................................................... 8
j.Orientation and Training .................................................................................................................................... 98
k.Bylaws ...................................................................................................................................................................... 98
l.Recognition .............................................................................................................................................................. 98
m. Ownership of Intellectual Property .......................................................................................................... 109
n.Open Meetings .................................................................................................................................................... 109
o.Decision Making ................................................................................................................................................. 109
p.Compensation and Reimbursement .............................................................................................................. 10
i.Compensation ....................................................................................................................................................................... 10
ii. Mileage ............................................................................................................................................................................. 1110
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iii. Meals ................................................................................................................................................................................ 1110
iv. Expenses ........................................................................................................................................................................ 1110
q.Insurance Coverage ....................................................................................................................................... 1110
r.Conflict of Interest ................................................................................................................................................ 11
s.Gifts ...................................................................................................................................................................... 1211
t.Minutes................................................................................................................................................................ 1211
u.Agendas .............................................................................................................................................................. 1211
v.Waivers .............................................................................................................................................................. 1211
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4. PROCEDURE
NOTE: In instances where federal or state regulations and laws differ from this
policy/procedure, the federal and state laws and regulations will be followed.
a. Definitions
i. Committee Types
Committees serve many different roles within the Town. It is important that staff
and committee members fully understand the role of each committee and the
authority and responsibility for the committee and its members. To help define
these roles, each committee will be designated as to type, as defined below:
(1) Advisory Committees
An advisory committee serves a forum of citizens to advise and assist the Town
Board and/or a requesting Town department, providing them with technical and
non-technical advice on issues. Advisory committees are not authorized to
make decisions on behalf of the Town. The Town Board will consider the input
of advisory committees, as well as other community members, in making
decisions on issues. The Town Board may or may not take action that is in
agreement with the advice of a Town advisory committee. Advisory
committees may not speak for the Town or take independent positions on
issues with the public or the press. Its purpose is to advise the Town Board or
the requesting department only.
Constituent Advisory Committee: This type of advisory committee is used
as a polling type committee used to develop a sampling of community reaction
and opinion on an issue or program(s). The membership on this type of
committee should be broad based and accurately reflect the total diversity of
the larger public. Example: The Transportation Advisory CommitteeBoard
Content –Advice-giving Committee: This type of advisory committee is
created to give advice to the Town Board or appropriate department to aid with
decision making processes. Varied interests and opinions are encouraged, and
the advisory committee may be asked to develop specific proposals and
products for Town Board or department consideration. Membership is selected
to encourage a wide variety of input from respected individuals from the
community with specialized expertise. This advisory committee may or may not
be a demographic reflection of the community as a whole. Example – The Tree
Parks Advisory Board
Working Group: This type of advisory committee may reflect both the content
or advisory type of committee, but is further charged with implementation of a
project or program. Example – The Police Auxiliary
(2) Quasi-judicial Committees
Some committees and commissions are defined in state statute and have
certain statutory responsibilities and authorities, as designated by statute.
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Often these committees have the authority to hold formal hearings, accept
testimony, and make decisions which have some level of legal standing. These
decisions may or may not be subject to review by the Town Board. Members
of these committees must be cognizant of protecting the unbiased quasi-judicial
nature of the committee and its formal hearings. Activities of these committees
are limited to those authorities granted in statute or specifically by the Town
Board. Example – The Planning Commission
(3) Decision-Making Committees
Decision-making committees are bodies that either statutorily or as granted by
the Town Board have authority to make decisions which may include some of
the following: approving citizen requests and applications, allocating resources,
hiring or firing employees or adopting regulations. The specific authority of each
decision-making committee is defined in statute or in the bylaws as approved
by the Town Board. Examples – The Board of Adjustment, Board of Appeals
(4) Ad-Hoc Task Forces
Task forces are special ad-hoc panels created by the Town Board for a specific
project or task. Task forces are limited in duration and are not ongoing entities.
The responsibilities of the task force shall be designated by resolution by the
Town Board at the time the Town Board authorizes the formation of the task
force. The Town Board will consider the input of task forces, as well as other
community members, in making decisions on issues. The Town Board may or
may not take action that is in agreement with the advice of a Town task force.
Task forces may not speak for the Town, and are to advise the Town Board or
the appropriate department only, and are not to take independent positions on
issues with the public or the press. Examples – Bond Park Committee,
Transportation Visioning Committee
(5) Outside and Independent Committees
These are committees that may or may not be appointed wholly or partially by
the Town Board, but are independent autonomous committees, often serving
a governance role for another entity. This includes, but is not limited to the
Estes Valley Library Board, the Local Marketing District, the Estes Park
Housing Authority, and Western Heritage Inc.
ii. Town Board Liaison
The Town Trustee assigned to the committee pursuant to Governing Policy 1.7
iii. Staff Liaison
A staff position responsible for the coordination and communication with the
assigned committee and the day-to-day support for the committee.
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b. Terms
The term for committee membership shall be defined in the bylaws of each committee.
Terms for outside committees are the responsibility of the specific committee and not
the Town of Estes Park.
Terms for all committee members will be staggered with the exception of ad-hoc or
temporary committees, which may have a finite sunset.
Mid-term appointments to positions that become vacant may be made at any time or
may be postponed to the regular term period, at the discretion of the Town Board.
Unless otherwise specified by statute, members of a committee serve at the pleasure
of the Town Board, have no property interest or entitlement in their membership or
office and may be removed at any time for any reason by the Town Board.
c. Recruitment
The Town Clerk will publicize and advertise committee vacancies each year, and on
an as-needed basis throughout the year, utilizing paid advertising, press releases to
electronic and print media, the Town website, and other produced materials that might
engage interested residents. Applications shall be available on the Town website, at
Town Hall and at the Estes Valley Library.
i. Recruitment
Current committee members are encouraged to help recruit potential committee
members, especially when specific targeted populations or expertise is required.
Staff and Trustees may encourage individuals to apply for any open committee
position, however they must be clear that the authority to appoint to a committee
is solely the responsibility of the Board of Trustees, and there is no implied promise
or guarantee of appointment.
ii. Applications
All citizens interested in serving on a committee shall complete an official Town
application. These applications will be available from the Town Clerk’s office and
on the Town website. Applications must be returned by the deadline to the Town
Clerk’s office. Online applications are accepted from the Town website.
Citizens may apply for up to three committees at a time. When applying for more
than one committee, applicants should prioritize their requests on the committee
application form.
iii. Eligibility
Eligibility for any committee shall be defined in the bylaws of each committee.
However, except by special circumstance as approved by the Town Board, all
members of any Town committee shall be residents of the Town of Estes Park.
No individual who is currently serving a sentence after being convicted of a felony
may serve on any Town board. Due to the time commitment involved, and to allow
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as many citizens the chance to participate in Town committees, serving on more
than one Town committee at a time is discouraged. However, the Town Board
reserves the right to appoint individuals to multiple committees when, in the opinion
of the Town Board, it is in the best interest of the Town.
d. Selection Process
The Town Board will seek the most qualified diverse applicants with applicable special
interest and expertise. In general, only the Town Board will select appointments to a
Town committee. Existing committee members may assist with the recruitment of new
members, but should not screen, interview or make recommendations for
appointments, unless specifically requested to do so by the Town Board.
Selection to the committees will be carried out as follows:
1. The Town Board or its designee(s) will review the applications.
2. The Trustees or their designee(s) may screen applicants to select a pool for
interviewing.
3. The Trustees or their designee may conduct reference checks or background
checks on applicants when, in the opinion of the Town Board or its designee(s),
it is in the best interest of the citizens of the Town of Estes Park. No such
checks will be completed without the informed consent of the applicant.
4. Applicants for all committees will be interviewed by the Town Board, or its
designees. Any designees will be appointed by the full Town Board.
a. Personal interviews shall be conducted prior to any appointment to a
Town committee, unless specifically waived by the Town Board, or as
excepted below.
b. Prior to candidate interviews, the Town Board or its designee(s)
assigned to conduct the interviews shall develop selection and
evaluation criteria for review of the candidates.
5. The Trustees may request assistance from the staff liaison and other
committee members.
6. Recommendations from the interview team will be made to the Town Board,
which will make the appointment(s).
Incumbent committee members who are eligible for reappointment will be contacted
by the Town Clerk’s office to assess their interest in being reappointed. Members who
desire reappointment will be considered along with all other applicants. Incumbents
may be interviewed by the Town Board or its designee, at the discretion of the Town
Board.
By agreeing to serve on a Town committee, the member agrees to abide by this policy
of the Town Board. Any committee member who violates the terms of this Policy and
Procedure or the bylaws of the committee may be asked to resign or be removed from
the committee by the Town Board.
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e. Notification
The Town Clerk’s office will notify applicants of scheduled interviews. The Town
Clerk’s office will promptly notify applicants and incumbents requesting
reappointment, of appointments and the status of their applications.
f. Vacancies
The Town Clerk’s office will keep all applications on file for one year. If vacancies
occur during the year, the position may be filled from the current list of applicants using
the selection process delineated or through advertising for interested volunteers. For
difficult to recruit committees, applications may be kept on file for two years.
Resignations from any committee should be addressed in writing to the Town Board
or Town Administrator.
g. Committee Alternatives
No Town committee will have members designated as alternates. All members, other
than those designated as ex-officio or associate, shall have full membership and
voting privileges on all Town committees.
Where federal or state laws or municipal ordinances require alternates Section
102.3.7.1 is waived.
Alternate/non-voting members who wish to become regular members must complete
an application for the appropriate committee.
h. Staff Support
Staff support is available to committees through the staff liaison assigned to support
each committee.
It is the responsibility of the Town Board, in coordination with the staff liaison to provide
the necessary budget and other resources for any committee to perform its assigned
duties.
It is the responsibility of the staff liaison to ensure the committee has adequate and
reasonable staff support within budgeted resources.
Staff support and staff liaisons will not be members of the committee to which they are
assigned.
It is the responsibility of the staff liaison to make requests for the Trustees' liaison to
attend assigned committee meetings through the Town Clerk.
i. Trustees Liaison
Individual Trustees may be assigned as liaisons to a committee by the Town Board.
The role of the Trustee liaison is:
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To serve as the primary two-way communication channel between the Town
Board and the committee.
If so designated by the Town Board, to review applications, interview
candidates and make recommendations to the Town Board for approval.
Serve as the primary Town Board contact with the committee.
Attend assigned committee meetings when requested or whenever
appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not
expected to attend every meeting of the committee.
Any Trustee may attend the meeting of any committee; however they should
notify the official Town Board liaison in advance of attending. This notification
will allow the liaison to know when a quorum of the Town Board may be
attending the committee meeting and to notify the Town Clerk so the
appropriate public notifications can be made, in compliance with the Colorado
Open Meetings Act.
The liaison is not a member of the committee and when in attendance at a
committee meeting, shall be there as an observer for the Town Board.
Participation in committee discussions should be minimal and restricted to
clarification of Town Board positions or collection of information to bring back
to the full Town Board.
j. Orientation and Training
Staff liaisons should provide new committee members with pertinent materials that will
assist new members in becoming fully functioning members of the committee,
including a copy of the bylaws and a copy of this policy. Staff liaisons should clearly
inform all new members of the role of the committee and the responsibilities and
authority of the committee. Established committee members are encouraged to share
their experience and knowledge with new members. New members are encouraged
to attend meetings before their term begins. All new committee members shall receive
and acknowledge the receipt of the Town of Estes Park Volunteer Manual.
k. Bylaws
Each committee shall adopt bylaws that are consistent with these policies. A copy of
the bylaws shall be sent to the Clerk’s office prior to adoption, for staff and Town Board
review. This Policy and Procedure shall be incorporated, by reference, into the bylaws
of all Town committees, The bylaws shall include a description of the objectives and
duties or tasks of the committee, as set by the Town Board or the appropriate
department.
l. Recognition
The Town Board shall recognize the Town’s volunteers annually, in a manner
determined by the Town Board.
The Town Board will send a letter of appreciation to all outgoing committee members
in good standing.
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m. Ownership of Intellectual Property
Any documents, articles, reports or correspondence, recommendations or other
products produced by a Town committee shall be the sole property of the Town of
Estes Park.
No committee or member of a committee may copyright or in any other way take
ownership for any documents, articles, recommendations or other products produced
as a function of the Town committee.
All documents and correspondence produced as part of the regular business of any
committee shall be subject to the same open records policies applicable to all Town
documents and correspondence.
All documents and publications of any Town committee must be clearly identified as
belonging to or originating from the Town of Estes Park.
n. Open Meetings
All meetings and actions of any committee shall be in full compliance with state
statutes governing open meetings. It is the responsibility of the staff liaison to be
familiar with these statutes and regulations.
o. Decision Making
Any actions, recommendations or discussions of any committee shall be limited to the
defined objectives of the body as described in the approved bylaws.
A common point of misunderstanding with committees and citizens is the role of the
committee in decision making and the type of decision making to be employed by the
committee for a particular issue. The Town Board realizes that not one method of
decision making fits all situations; however it is important that the type of decision be
declared early in the process of public discourse. The type of decision process is
dependent on the issue involved, the time frame available and the amount of public
participation desired.
It is the responsibility of the staff liaison to assist the committee in its decision-making
process and to train new and existing members in the appropriate responsibilities and
authorities of the committee and its members. Staff liaisons are not to exert undue
influence during the decision-making process, but only to keep the decision making of
the committee in agreement with the objectives set by the Town Board.
p. Compensation and Reimbursement
i. Compensation
Citizens who serve on Town committees do so as volunteers. There will be no
financial compensation or reimbursement of expenses, except as noted below, for
any volunteers on any committee.
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ii. Mileage
Committee members may request reimbursement for mileage to attend any
committee function if the member must travel greater than 10 miles from their
residence. Mileage will be reimbursed at the rate currently adopted for Town travel
by the Town Board. The staff liaison is responsible for approving mileage
reimbursements for committees within the budget provided by the Town Board.
iii. Meals
Meals may be provided by the Town as part of regular meetings of the committee,
as budgeted.
iv. Expenses
Members of committees may be reimbursed for out-of-pocket costs associated
with the business of the committee provided the expenditures have been
previously budgeted by the Town Board and authorized in advance by the
assigned staff liaison or Town Administrator. (For example, office supplies, copies,
printing, etc.) Other expenses may be reimbursed if, in the judgment of the staff
liaison, such reimbursement is in the best interest of the Town.
q. Insurance Coverage
General liability (liability other than auto, including general, law enforcement and
professional) is provided to all volunteers.
Volunteers are not covered by the Town’s workers’ compensation coverage. Any
injuries incurred while volunteering is the responsibility of the individual volunteer.
Specific to automobile insurance, both physical damage and legal liability for bodily
injury or death is covered for all volunteers driving town vehicles, subject to coverage
limits pursuant to the Town’s coverage. In addition, liability is covered for all volunteers
driving their personal vehicles on Town business; however the following claims are
excluded from coverage.
Bodily injury or death to passengers (including friends and family) who are not
on official town business.
Physical damage to non-Town owned vehicles used on Town business.
Property insurance is not provided to any personal property of the volunteer.
r. Conflict of Interest
A conflict of interest occurs when a person’s private, personal relationships or interests
conflict so that an independent observer may reasonably question whether the
person’s actions or decisions are determined by personal benefit, gain, or advantage.
Members of committees shall not use their membership for private gain, and shall act
impartially and not give preferential treatment to any private organization or individual.
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A member of any committee who has a personal or private interest in a matter
proposed or pending shall disclose such interest to the committee; shall not vote on
the item; and shall not attempt to influence the decisions of other members voting on
the matter.
s. Gifts
Acceptance of or giving of any gifts by a committee member, which could lead to a
conflict of interest, is prohibited. In particular, no member of any committee may
accept or give a gift in excess of the value specified in Article XXIX of the Colorado
State Constitution, from any individual, organization, contractor, or any other entity
which does business with the Town or has any control of or interest in Town business
related to the activities of his or her particular committee.
t. Minutes
Minutes shall be recorded of all meetings of any Town committee that are subject to
the Colorado Open Meetings Act. Approved or draft minutes should be posted as
soon as practicable after the meeting in question. Committees are strongly
encouraged to post draft minutes prior to the final approval of the minutes at the next
meeting of the committee. At a minimum, minutes shall be published on the Town
website within seven days of approval by the committee.
Minutes should record any formal actions taken by the committee. Minutes are not
intended to be verbatim transcripts of the meeting. The amount of detail included in
the minutes beyond the recording of actions is left to the discretion of each committee.
u. Agendas
Agendas for all public committee meetings will be posted on the Town website a
minimum of six days prior to the meeting, whenever possible.
v. Waivers
Any section of this policy can be waived by a majority vote of the Town Board.
Approved:
_____________________________
William C. PinkhamTodd Jirsa, Mayor
_____________
Date
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MUNICIPAL COURT – TOWN OF ESTES PARK
ANNUAL COMPARISON REPORT
Month
2012
New
Cases
2012
Receipts
$
2013
New
Cases
2013
Receipts
$
2014
New
Cases
2014
Receipts
$
2015
New
Cases
2015
Receipts
$
2016
New
Cases
2016
Receipts
$
Jan. 14 2,021 31 3,287 18 2,104 21 867 5 962
Feb. 11 1,344 18 2,693 15 2,348 28 1,988 10 1,129
March 9 1,023 25 2,590 21 2,551 16 1,938 10 1,292
April 13 1,207 16 2,302 21 1,892 33 2,449 15 1,629
May 14 1,640 18 2,249 22 2,649 28 2,524 14 1,502
June 16 1,745 24 2,226 25 2,812 20 2,911 27 2,905
July 21 1,729 13 1,945 36 3,728 44 4,509 25 2,434
Aug. 49 3,554 46 2,969 53 3,596 28 2,818 36 3,353
Sept. 33 2,827 41 3,900 42 3,214 71 6,698 45 4,827
Oct. 25 2,532 56 6,191 35 4,819 33 4,187 42 4,162
Nov. 41 4,127 59 3,835 42 3,976 47 4,394 36 4,018
Dec. 36 2,910 27 4,232 64 6,708 33 3,789 32 3,216
TOTAL 282 26,659 374 38,419 394 40,397 402 39,072 297 31,429
73
TOWN OF ESTES PARK
MUNICIPAL COURT
ANNUAL PARKING TICKET REVENUE COMPARISON
2016 . . . . . . . . $ 7,325
2015 . . . . . . . . 7,095
2014 . . . . . . . . 4,300
2013 . . . . . . . . 12,120
2012 . . . . . . . . 8,065
2011 . . . . . . . . 8,285
2010 . . . . . . . . 2,945
2009 . . . . . . . . 9,846
2008 . . . . . . . . 7,704
2007 . . . . . . . . 3,541
2006 . . . . . . . . 1,790
2005 . . . . . . . . 4,140
2004 . . . . . . . . 2,730
2003 . . . . . . . . 3,860
2002 . . . . . . . . 3,578
2001 . . . . . . . . 405
74
TOWN OF ESTES PARK
MUNICIPAL COURT
2016 PARKING TICKET REPORT
Paid Tickets ‐ Monthly Year‐to‐Date
January $ 0 $ 0
February 0 0
March 0 0
April 100 100
May 150 250
June 1,800 2,050
July 2,450 4,500
August 1,575 6,075
September 725 6,800
October 375 7,175
November 75 7,250
December 75 7,325
75
76
Rocky Mountain National Park
Visitation Numbers
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
4,500,000
5,000,000
Visitation
Rocky Mountain National Park
Rocky Mountain National Park
2016 Vehicles
1. September 24 12,281
2. July 3 11,949
3. September 4 11,642
4. September 17 11,141
5. July 24 10,551
6. July 10 10,454
7. July 17 10,379
8. September 5 10,376
9. July 23 10,203
10. July 30 10,046
Top 10 Visitation Days 2016
Rocky Mountain National Park
Shuttle Operations
Total riders – 705,766 (includes extra
weekends)
22% increase over 2015
Saturday July 30 was
the busiest day with
10,286 riders
Rocky Mountain National Park
Bear Lake Corridor
Peak times are 10:00 am to 3:00 pm daily
Bear Lake Park and Ride filled consistently
throughout summer season
Bear Lake parking lot filled by 8:30 am and Glacier
Gorge before 7:00 am each day
Bear Lake Road vehicle restrictions in place most
weekends and other peak days through early fall
Bear Lake Road Corridor
Rocky Mountain National Park
Bear Lake Road Vehicle Restrictions
Temporary private vehicle restrictions used through
the 2016 summer and early fall
Restrictions in-place when congestion levels
warranted a public and employee safety and resource
protection concern
Generally occurred 11:00 am to 1:30 pm on peak
traffic volume days. Most weekends into the fall.
Adaptive Management Approach
Wild Basin Entrance
Rocky Mountain National Park
Wild Basin Vehicle Restrictions
Temporary vehicle restrictions used throughout the
summer
Again, restrictions in place when congestion levels
warranted a public and employee safety and resource
protection concern
Alpine Visitor Center
Rocky Mountain National Park
Alpine Visitor Center
Vehicle Restrictions
Parking lot was actively managed during peak times
as congestion in and around the lot warranted
Complex parking lot with access from both Trail
Ridge Road and Old Fall River Road
Rocky Mountain National Park
Pre-Planning for Visitor Use
Management
Needs Assessment to
Support Day Use Planning
Analysis of existing information:
Social science literature
Visitor use data and trends
Socioeconomic data and trends
Identify issues associated with visitor day use :
Resource protection
Visitor experiences
Transportation systems
Visitor safety and law enforcement
Park operations and administration
Visitor Use Management Across
the National Park Service
Grand Teton Moose-Wilson Corridor Comprehensive
Management Plan
Limit vehicles at one time, timed sequencing with queuing lanes
Realign the road due to wildlife habitat connectivity
Relocate trailheads
Delaware Water Gap Visitor Use Management Plan
Park management zones are no longer adequate/appropriate
42 individual site actions (camping, picnicking, river access)
Changing fee structure
Yellowstone Visitation Management
Developed communications strategy
Empowered district level solutions for immediate action
Gathering data
Visitor Use Management Across
the National Park Service
Visitor Use Management Across
the National Park Service
Congestion along park roads and specific locations
Reservations Systems
Muir Woods National Monument – Begin Fall 2017 (parking)
Haleakala National Park – Begin Feb 2017 (sunrise viewing)
Arches National Park – Public review Spring 2017 (booking)
Glacier National Park – Public review late 2017 (TBD)
Zion National Park – Refining alternatives
Acadia National Park – Developed preliminary concepts
Next Steps
Bear Lake Corridor Action Strategy
Continue restrictions implemented in 2016
Use existing research and lessons learned
Address impromptu roadside parking that impacts
resources
Include RMNP shuttle system in solutions
Acknowledge ripple effects
Continue to set visitor expectations
Future Visitor Use
Management Planning
Visitor Use Management Strategy
Compete for federal planning funding
Longer term strategy to encompass higher use areas
Gather additional information & monitor actions taken
Public Engagement
Community
Partners
Public
The National Park Service preserves unimpaired the natural and cultural resources and values of the national park system for the enjoyment, education, and inspiration of this and future generations.
QUESTIONS?
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson
Date: January 24, 2017
RE: Liquor Licensing: Transfer of Ownership from Cables Estes, LLC dba
Cables Pub & Grill, to Uncle Stubby’s Pub LLC dba Cousin Pat’s Pub &
Grill, 451 S. Saint Vrain Avenue, Hotel & Restaurant Liquor License.
Objective:
Transfer an existing liquor license located at 451 S. Saint Vrain to the applicant, Uncle
Stubby’s Pub LLC.
Present Situation:
A Hotel and Restaurant Liquor License is currently held at the location referenced
above by Cables Estes, LLC dba Cables Pub & Grill. The applicant is requesting a
transfer of the license and submitted a complete application to the Town Clerk’s office
on December 27, 2016. A temporary permit was issued on January 6, 2017. The
temporary permit authorizes the transferee to continue the sale of alcohol beverages as
permitted under the permanent license while the application to transfer ownership of the
license is pending. The applicant has submitted all necessary paperwork and fees.
The owner has owned a previous liquor license in the State of Colorado and is familiar
with the liquor laws.
During the initial discussions with the new owner, the Town Clerk staff stressed the
need to develop liquor policies. At the date of this memo the policies have not been
delivered to the Clerk’s office; however, the owner has stated they are in process.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to Uncle Stubby’s Pub LLC dba Cousin Pat’s Pub & Grill.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business.
Town Clerk’s Office Memo
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Action Recommended:
Approval to transfer the existing Hotel and Restaurant Liquor License to Uncle Stubby’s
Pub LLC.
Budget:
The fee paid to the Town of Estes Park for a Hotel and Restaurant Liquor License
transfer is $1319. The fee covers the administrative costs related to processing the
application, background checks, and business licensing. In addition, the renewal fee
payable to the Town for a Hotel and Restaurant Liquor License is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Hotel and Restaurant Liquor
License filed by Uncle Stubby’s Pub LLC dba Cousin Pat’s Pub & Grill.
Attachments
Procedures
Liquor Application
PD Report
78
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application and confirm the following:
The application was filed December 27, 2016 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
Unscheduled Completed X Pending Confirmation
MOTION:
I move the Transfer Application filed by Uncle Stubby’s LLC doing business as Cousin
Pat’s Pub & Grill for a Hotel and Restaurant License be approved/denied.
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Estes Valley Board of Trustees, January 24th, 2017
Prendergast Resubdivision Addition Annexation
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Audem Gonzales, Planner II
Date: January 24, 2017
RE: Annexation Proposal – RECONSIDERATION of Prendergast
Resubdivision Addition (Resolution #02-17 and Ordinance #01-17)
______________________________________________________________________
Objective:
Re-consider and approve as amended an Annexation application in compliance with the
Estes Valley Development Code (EVDC) and Colorado Revised Statutes (C.R.S.).
Present Situation:
Resolution #02-17 and Ordinance #01-17 appeared before Town Board on January 10,
2017. At this time, the Board approved both items. Since the approval date, VanHorn
Engineering has changed the legal description of the Annexation Area to correct an error.
Per Colorado State Statutes, the correct legal description is required for Annexation.
Resolution #02-17 and Ordinance #01-17 were approved with the incorrect legal
description.
Proposal:
The correct legal description has been updated on Resolution #02-17 and Ordinance #01-
17. Town Board has the option to reconsider this Annexation and approve the correct
legal description as it appears on the updated Resolution, Ordinance and Annexation
Map Exhibit.
Advantages:
1. This request complies with Eligibility for Annexation standards set forth in C.R.S.
31-12-104;
2. This request complies with Limitations standards set forth in C.R.S. 31-12-105;
3. An annexation election is not required under C.R.S. 31-12-107(2).
4. Rectifies an unusual development situation
87
Estes Park Town Board of Trustees, January 24, 2017
Prendergast Resubdivision Addition Annexation
Disadvantages:
None.
Action Recommended:
Planning Staff is recommending Re-Approval of the Prendergast Resubdivision Addition
Annexation application.
Budget:
None.
Level of Public Interest:
Low: There has been no written public comment received as of January 5, 2017. Any
comments received after this date shall be placed on the applications page of the Town
website at www.estes.org/currentapplications
Sample Motions:
Below are the TWO Town Board options related to the Annexation application:
Sample Motion 1:
1. I move to RECONSIDER Resolution #02-17 and Ordinance #01-17
2. I move to NOT RECONSIDER Resolution #02-17 and Ordinance #01-17
Sample Motion 2:
1) I move to APPROVE Resolution #02-17 and Ordinance #01-17 with legal descriptions
as amended with no conditions;
2) I move to APPROVE Resolution #02-17 and Ordinance #01-17 with legal descriptions
as amended with the following conditions;
3) I move to DENY Resolution #02-17 and Ordinance #01-17, finding that the application
does not meet the review criteria and conclusions of law.
4) I move to CONTINUE THE RESOLTION AND ORDINANCE to provide adequate time
to review additional materials, finding that the applicant has not provided sufficient
information to review the application.
Attachments:
Resolution #02-17 (as revised)
Ordinance #01-17 (as revised)
Annexation Map exhibit (as revised)
Application www.estes.org/currentapplications
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RESOLUTION NO. 02-17
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
The Board of Trustees of the Town of Estes Park, Colorado, in accordance with
Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the
following described area, that the requirements of the applicable parts of Sections 31-12-
104 and 31-12-105, C.R.S., have been met; that an election is not required under Section
31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on
the annexation. The area eligible for annexation known as “PRENDERGAST
RESUBDIVISION ADDITION” to the Town of Estes Park is as follows:
Containing Acres. 0.37
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF MOUNT
VIEW PARK, A SUBDIVISION IN THE NE ¼ OF THE SW ¼ OF SECTION 24,
TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., BEARS SOUTH
1°04’00" WEST A DISTANCE OF 356.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 01°25'18" EAST A DISTANCE OF 100.11'
FEET; THENCE NORTH 01°22’43" EAST A DISTANCE OF 180.69 FEET TO
THE CENTER WEST 1/16 CORNER OF SAID SECTION 24; THENCE SOUTH
89°20'17" WEST A DISTANCE OF 102.40 FEET; THENCE SOUTH 16°01’41"
EAST A DISTANCE OF 87.03 FEET; THENCE SOUTH 16°07'16" EAST A
DISTANCE OF 100.54 FEET; THENCE SOUTH 16°02'53" EAST A DISTANCE
OF 59.78 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS
OF 215.39 FEET FOR A LENGTH OF 51.78 FEET (WITH CHORD BEARING
SOUTH 31°32'28" EAST FOR A DISTANCE OF 51.65' TO THE TRUE POINT
OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO. SAID
PARCEL CONTAINS 0.37 ACRES MORE OR LESS AND IS SUBJECT TO ALL
EASEMENTS AND RIGHTS-OF-WAY OF RECORD, LARIMER COUNTY,
COLORADO.
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DATED this day of , 2017.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
90
ORDINANCE NO. 01-17
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO
THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS
PRENDERGAST RESUBDIVISON ADDITION
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
Section 1. That a Petition for Annexation, together with four (4) copies of the plat of
said area as required by law, was filed with the Board of Trustees on the 27th day of
September, 2016 by the landowners of one hundred percent (100%) of the area and owning
one hundred percent (100%) of the area, excluding public streets and alleys of the area
hereinafter described. The Board, by Resolution at its regular meeting on the 13th day of
December, 2016, accepted said Petition and found and determined that the provisions of
Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town
Board should consider the annexation plat on Tuesday, January 10, 2017 at 7:00 p.m. in
the Municipal Building for the purposes of determining that the proposed annexation
complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and
is considered eligible for annexation.
Section 2. That the Notice of said hearing was given and published as provided in
Section 31-12-108(2), C.R.S.
Section 3. That the hearing was held pursuant to the provisions of Section 31-12-
109, C.R.S., on the 10th day of January, 2017.
Section 4. That following said hearing, the Board of Trustees adopted a Resolution
determining that the proposed annexation met the requirements of the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section
31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon
said annexation.
Section 5. That the annexation of the following described area designated as
PRENDERGAST RESUBDIVISON ADDITION to the Town of Estes Park, Colorado, is
hereby approved:
Containing Acres. 0.37
BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF MOUNT
VIEW PARK, A SUBDIVISION IN THE NE ¼ OF THE SW ¼ OF SECTION 24,
TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., BEARS SOUTH
1°04’00" WEST A DISTANCE OF 356.95 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 01°25'18" EAST A DISTANCE OF 100.11'
FEET; THENCE NORTH 01°22’43" EAST A DISTANCE OF 180.69 FEET TO
THE CENTER WEST 1/16 CORNER OF SAID SECTION 24; THENCE SOUTH
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89°20'17" WEST A DISTANCE OF 102.40 FEET; THENCE SOUTH 16°01’41"
EAST A DISTANCE OF 87.03 FEET; THENCE SOUTH 16°07'16" EAST A
DISTANCE OF 100.54 FEET; THENCE SOUTH 16°02'53" EAST A DISTANCE
OF 59.78 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS
OF 215.39 FEET FOR A LENGTH OF 51.78 FEET (WITH CHORD BEARING
SOUTH 31°32'28" EAST FOR A DISTANCE OF 51.65' TO THE TRUE POINT
OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO. SAID
PARCEL CONTAINS 0.37 ACRES MORE OR LESS AND IS SUBJECT TO ALL
EASEMENTS AND RIGHTS-OF-WAY OF RECORD, LARIMER COUNTY,
COLORADO.
Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section
37-45-136(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado
Water Conservancy District and the Municipal Sub District, Northern Colorado Water
Conservancy District.
Section 7. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS 24 DAY OF JANUARY, 2017.
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 of , 2017 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2017, all as required by the Statutes of the State of Colorado.
Town Clerk
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Town Attorney Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: January 19, 2017
RE: Vetter v. the Town of Estes Park, et al., Larimer County District Court,
2016 CV 229 (the “Lawsuit”) – Lazy B Ranch & Wranglers, LLC Special
Review Application 2016-01
Objective:
Review the present status of Special Review Application 2016-01 for the Lazy B Ranch
& Wranglers, LLC (the “Application”), including the Affidavit of Michael Andrzejek
regarding the consent of the owner of the property to the Application, and if appropriate,
withdraw the Application, terminate the approval of the Application, and dismiss the
Lawsuit.
Present Situation:
In January, 2016, an application dated January 25, 2016 seeking special review
approval of the Lazy B Ranch & Wranglers project on the Elk Meadow(s) RV Park
property was filed with the Town. The Application was signed by Randy Jackson,
Michael Andrzejek and Michelle Oliver. Subsequently, the Application was approved by
the Board of Trustees on July 26, 2016. Following approval, the Lawsuit was filed in the
District Court of Larimer County, Colorado by Jay Vetter and Maureen Vetter requesting
the District Court review the Town Board’s approval of the Application.
In October of 2016, David M. Herrera, attorney for the Plaintiffs, filed an Amended
Complaint in this lawsuit. The Amended Complaint asserted, among other claims, that
the owner of the property is Elk Meadow(s) RV Essential Group LLC, a Delaware limited
liability company.
In mid-December 2016, Mr. Herrera informed myself and Steve Dawes, special counsel
to the Town for the Lawsuit, that Rocky Mountain RV Essential Group, LLC, which is the
sole member of the Elk Meadow(s) RV Essential Group LLC did not consent to the
Application. On December 28, 2016, Mr. Dawes received certain documents from Mr.
Herrera relating to the Lawsuit including the Affidavit of Michael Andrzejek, copy
attached, who is the Chief Executive of the record owner of the property subject to the
Application, stating in part as follows:
“That to the extent any such consent either express or implied was previously
granted, such consent to the application is hereby expressly revoked and the
application for “SPECIAL REVIEW 2016-01 – LAZY B RANCH & WRANGLERS”
95
submitted to the Town of Estes for or on behalf of Elk Meadow RV Essential
Group LLC is withdrawn.”
Section 3.1 (a) of the Estes Valley Development Code provides as follows:
“An application for development review or approval under this code shall be filed
by the record owners.”
Also, in the lawsuit, Lazy B Ranch & Wranglers LLC and Elk Meadow(s) RV Essential
Group LLC have been served and have not filed any responsive pleadings. On January
9, 2017, District Court Judge Devin R. Odell entered default against Defendant Lazy B
Ranch & Wranglers LLC.
Proposal:
Based upon the information stated above that the present owner of the property has
requested that the Application be withdrawn and that the record owner of the property
never consented to the Application, Mr. Dawes and myself recommend to the Town
Board that the Town Board approve the withdrawal of the Application, terminate the
approval of the Application, and instruct the attorneys for the Town to seek dismissal of
the lawsuit.
Advantages:
The dismissal of the Lawsuit will terminate the continuing cost for defense of the
Lawsuit and a possible adverse ruling of the Court based upon the fact the record
property owner did not consent to the Application and has requested withdrawal of the
Application.
Disadvantages:
None.
Action Recommended:
Take the action recommended in the Proposal Section of this Memo.
Budget:
Withdrawal of the Application and dismissal of the Lawsuit will terminate the continued
legal expenses and court costs in this matter.
Level of Public Interest
High. The public, by its correspondence and attendance at the hearings involving the
Application, has a high level interest in this matter.
Sample Motion:
I move to approve/ the withdrawal of Special Review Application 2016-01 - the Lazy B
Ranch & Wranglers, terminate the approval of said Application by Town Board on July
26, 2016, and direct the attorneys for the Town to seek dismissal of the Lawsuit.
OR
I move to take no action with regard to this matter at this time.
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DISTRICT COURT, LARIMER COUNTY, STATE
OF COLORADO
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521
COURT USE ONLY
Plaintiffs: JAY VETTER AND MAUREEN VETTER
v.
Defendants:TOWN OF ESTES PARK,
COLORADO, a Municipal Corporation and Statutory
Town, as defined by Title 31 of the Colorado Revised
Statutes, TOWN TRUSTEES & MAYOR, WENDY
KOENIG, BOB HOLCOMB, CODY WALKER,
PATRICK MARTCHINK, RON NORRIS, WARD
NELSON, TODD JIRSA, in their official capacity;
RANDY JACKSON, MICHAEL ANDREJEK aka
MICHAEL ANDRZEJEK, MICHELLE OLIVER;
LAZY B RANCH AND WRANGLERS, LLC, a
Colorado Limited Liability Company; and ELK
MEADOW RV ESSENTIAL GROUP LLC, a
Delaware Limited Liability Company.
THE LAW OFFICE OF STEVEN J. DAWES, LLC
Steven J. Dawes, No. 13193
100 Fillmore Street, Suite 500
Denver, Colorado 80206
Tel.: 303-720-7541
E-mail: steve@sdaweslaw.com
Attorney for the Town of Estes Park, Colorado, Town
Trustees and Mayor, Wendy Koenig, Bob Holcomb,
Cody Walker, Patrick Martchink, Ron Norris, Ward
Nelson, and Todd Jirsa.
Case No. 2016 CV 229
Div.: 5A
NOTICE
TO: The parties to the above-captioned lawsuit filed in the Larimer County District Court.
PLEASE TAKE NOTICE:
The Board of Trustees of the Town of Estes Park, Colorado has received an Affidavit of Michael
Andrzejek (copy attached), stating that he is the Chief Executive of Rocky Mountain RV
Essential Group, LLC, which is the sole member of Elk Meadow RV Essential Group, LLC, the
record owner of 1665 Highway 66, Estes Park. The Affidavit states that Elk Meadows RV
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Essential Group, LLC does not consent to the Application filed on January 20, 2016 with the
Town of Estes Park for Special Review for a permit to develop a nearly 18,000 sq. ft. building,
entitled: "Special Review 2016-01 - Lazy B Ranch & Wranglers."
On January 24, 2017, at the meeting of the Board of Trustees of the Town of Estes Park, the
Board will review the present status of Special Review Application 2016-01 for the Lazy B
Ranch & Wranglers, LLC to determine whether the Town Board will approve the withdrawal of
the Application, terminate its approval of the Application, and instruct the attorneys for the Town
to seek dismissal of the lawsuit.
The January 24, 2017 meeting of the Board will take place in the Town Hall of the Town of
Estes Park, Town Hall, 170 MacGregor Avenue, Estes Park, CO 80517.
Dated: January 19, 2017.
Respectfully submitted,
THE LAW OFFICE OF STEVEN J. DAWES, LLC
s/ Steven J. Dawes
____________________________________
Steven J. Dawes
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CERTIFICATE OF SERVICE
The undersigned herein certifies that on this 19th day of January 2017 a true and complete
copy of the foregoing NOTICE was served on the parties below via ICCES and U.S. mail, first
class postage prepaid:
Via ICCES:
David M. Herrera
Herms & Herrera, LLC
3600 South College Ave., Suite 204
Fort Collins, CO 80525
Attorneys for Plaintiffs
Via U.S. mail:
Michelle Oliver
730 Summerset Lane #8
Estes Park, CO 80517
Via U.S. mail:
Randy Jackson
Rainbow Bridge
2105 E. 11th St. Suite 180
Loveland, CO 80537
Via U.S. mail:
Michelle Oliver
2810 Dunraven Lane
Estes Park, CO 80517
Via U.S. mail:
Randy Jackson
5142 Estazi Street
Las Vegas, NV 89135
Via U.S. mail:
Michael Andrzejek
c/o David T. Bonfiglio, Esq.
4356 N. Civic Center Plaza
Scottsdale, AZ 85251-35515
Via U.S. mail:
Randy Jackson
2105 E. 11th Street, Suite 180
Loveland, CO 80537
Via U.S. mail:
Lazy B Ranch and Wranglers, LLC
c/o Lorina B. Hiatt, registered agent
2105 E. 11th Street, Suite 180
Loveland, CO 80537
s/ Steven J. Dawes
_________________________________________
ORIGINAL SIGNATURE ON FILE
In accordance with C.R.C.P. 121, section 1-26(7), a printed copy with original signature is being
maintained by the filing party and will be made available for inspection by other parties or the
Court upon request.
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Estes Valley Board of Trustees, January 24, 2017
1551 David Drive, Zoning Map Amendment (Rezoning)
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Audem Gonzales, Planner II
Date: January 24, 2017
RE: ORDINANCE #02-17, Rezone from RM-Multi-Family Residential to E-1
Estate; 1551 David Drive; Gary Beels and Jeffrey & Michelle
Furmaga/Applicants
Objective:
Conduct a public hearing and make
a determination on the Map
Amendment (rezoning) application
for compliance with the Estes Valley
Development Code (EVDC).
Present Situation:
The area to be rezoned is
undeveloped and is part of Lot 3. Lot
3 is zoned RM-Multi-Family
Residential. Lot 2 is zoned E-1
Estate and is developed with a
single-family home.
Proposal:
This request is to rezone a portion of
Lot 3 from RM-Multi-Family
Residential to E-1 Estate; see figure
1. The subject area is currently part of an Amended Plat process that will transfer the
portion proposed to be rezoned from Lot 3 to Lot 2. The result of the Amended Plat will
mean that Lot 2 will be split zoned unless the metes and bounds area is zoned to E-1
Estate. Split-zoning, while technically acceptable, is not good land-use practice and
potentially causes regulatory complications.
Lot 2 is fully developed with a single-family home and is adequately served by existing
services and facilities. Approval of the Staff Level Amended Plat will incorporate the
subject rezone area into Lot 2 which would be zoned entirely E-1 Estate if this rezoning
application were to be approved.
Figure 1: Lot 2 and 3 of the Fall River Estate Subdivision. Lot 2
zoned E-1 and Lot 3 zoned RM. Red boundary shows area to be
rezoned.
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Estes Park Town Board of Trustees, January 24, 2017
1551 David Drive, Zoning Map Amendment (Rezoning)
Advantages:
1. Complies with standards set forth in the Estes Valley Development Code;
2. When combined with the Amended Plat, this rezoning will create one zone district for
the newly configured west lot.
Disadvantages:
None.
Action Recommended:
The Estes Valley Planning Commission held a public hearing for this application on
December 20, 2016. During the hearing, the Commission made the following findings:
1. The rezoning request for an Official Zoning Map amendment complies with the
applicable review criteria set forth in Section 3.3.D “Standards for Review” of the
Estes Valley Development Code.
The Planning Commission unanimously recommended approval of the Zoning Map
Amendment request with the following conditions recommended by staff.
a) The Amended Plat of Lot 2 and 3, Block 1, Fall River Estates shall be recorded
within sixty (60) days of Staff Level approval date.
Budget:
None.
Level of Public Interest:
Low: No public comments were submitted to the Community Development Department
and no public comment was received at the Planning Commission public hearing.
Sample Motions:
Below are the Town Board’s options related to the Zoning Map Amendment request:
1. I move to APPROVE the Zoning Map Amendment request including findings of fact
and conclusions of law, with the conditions of approval as recommended by the
Planning Commission.
2. I move to APPROVE the Zoning Map Amendment request with no conditions,
including findings of fact and conclusions of law.
3. I move to DENY the Zoning Map Amendment request, finding that the application does
not meet the review criteria as required by Code.
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Estes Park Town Board of Trustees, January 24, 2017
1551 David Drive, Zoning Map Amendment (Rezoning)
4. I move to CONTINUE THE HEARING to provide adequate time to review additional
materials, finding that the applicant has not provided sufficient information to review
the application.
Attachments:
Ordinance #02-17
Application and Planning Commission Staff Report www.estes.org/currentapplications
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ORDINANCE NO. 02-17
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE
TO REZONE A PORTION OF LOT 3, BLOCK 1, FALL RIVER ESTATES
WHEREAS, on December 20, 2016, the Estes Valley Planning Commission
recommended approval of an Official Zoning Map amendment to rezone a portion of Lot 3,
Block 1, Fall River Estates, from RM-Multi-Family Residential to E-1 Estate.
WHEREAS, the Board of Trustees of the Town of Estes Park finds that this Official
Zoning Map amendment complies with the Standards for Review established in Section 3.3.D
of the Estes Valley Development Code and it is best interest of the Town that the
recommended zoning amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
Section 1: The zoning of a portion of Lot 3, Block 1 of Fall River Estates, being more
particularly described as follows:
Beginning at the Southwest corner of Section 15, Township 5 North, Range 73 West of
the 6th P.M., and considering the South line of Lot 3, Block 1, as bearing N 89°29’38” E;
thence along the westerly line of Lot 3, N 01°21’11” E 586.32 feet; thence along the
southerly line of Lot 2, N 42°57’17” E 246.30 feet to the True Point of Beginning; thence
continuing N 42°57’17” E 86.53 feet; thence along the easterly line of Lot 3, N 44°00’00”
W 60.38 feet; thence along the northerly line of Lot 3, S 46°07’28” W 45.08 feet; thence
S 11°34’50” E 77.09 feet more or less to the True Point of Beginning.
shall be changed from RM-Multi-Family Residential to E-1 Estate.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS 24th DAY OF JANUARY, 2017.
TOWN OF ESTES PARK
_____________________________________
Todd Jirsa, Mayor
ATTEST:
_____________________________
Jackie Williamson, Town Clerk
104
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the 24th day of January, 2017 and published in a newspaper of general
circulation in the Town of Estes Park, Colorado, on the day of
, 2017, all as required by the Statutes of the State of Colorado.
Town Clerk
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Estes Valley Board of Trustees, January 24, 2017
915 Moraine Ave., Zoning Map Amendment (Rezoning)
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Audem Gonzales, Planner II
Date: January 24, 2017
RE: ORDINANCE #03-17, Rezone from CO-Commercial Outlying to A-
Accommodations; 915 Moraine Avenue; Flatirons Hospitality LLC/Applicant
Objective:
Conduct a public hearing and make
a determination on the Map
Amendment (rezoning) application
for compliance with the Estes Valley
Development Code (EVDC).
Present Situation:
The area to be rezoned is developed
with the eastern half of an
accommodations building belonging
to the Alpine Trail Ridge Inn and is
zoned CO-Commercial Outlying.
The western half of the building is
located within the A-
Accommodations zone district.
Proposed Lot 1A is zoned CO and is developed with the Sundeck Restaurant.
Proposal:
This request is to rezone a portion of Lot 1 from CO to A. The subject area is currently
part of an Amended Plat process that will transfer the portion proposed to be rezoned
from Lot 1 to proposed Lot 2A. The result will mean that Lot 1 will be split zoned until the
metes and bounds area is zoned to A-Accommodations. Split-zoning, while technically
acceptable, is not good land-use practice and potentially causes regulatory complications.
The western five lots (Proposed Lot 2A) are fully developed with multiple buildings making
up the Alpine Trail Ridge Inn and is adequately served by existing services and facilities.
Approval of the Staff Level Amended Plat will incorporate the subject rezone area into
proposed Lot 2A which would be zoned entirely A-Accommodations if this rezoning
application were to be approved.
Figure 1: Proposed Lot 1A and 2A. Lot 1A zoned CO and Lot 2A
zoned A. Red boundary shows area to be rezoned from CO to A.
Rezoned area proposed to be part of Lot 2A.
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Estes Park Town Board of Trustees, January 24, 2017
915 Moraine Ave., Zoning Map Amendment (Rezoning)
Advantages:
1. Complies with standards set forth in the Estes Valley Development Code;
2. When combined with the Amended Plat, this rezoning will create one zone district for
the newly configured west lot.
Disadvantages:
None.
Action Recommended:
The Estes Valley Planning Commission held a public hearing for this application on
December 20, 2016. During the hearing, the Commission made the following findings:
1. The rezoning request for an Official Zoning Map amendment complies with the
applicable review criteria set forth in Section 3.3.D “Standards for Review” of the
Estes Valley Development Code.
The Planning Commission unanimously recommended approval of the Zoning Map
Amendment request with the following conditions recommended by staff.
a) The Amended Plat of Lots 1-4, 11 and 12, Beaver Point Heights shall be recorded
within sixty (60) days of Stall Level approval date.
Budget:
None.
Level of Public Interest:
Low: No public comments were submitted to the Community Development Department
and no public comment was received at the Planning Commission public hearing.
Sample Motions:
Below are the Town Board’s options related to the Zoning Map Amendment request:
1. I move to APPROVE the Zoning Map Amendment request including findings of fact
and conclusions of law, with the conditions of approval as recommended by the
Planning Commission.
2. I move to APPROVE the Zoning Map Amendment request with no conditions,
including findings of fact and conclusions of law.
3. I move to DENY the Zoning Map Amendment request, finding that the application does
not meet the review criteria as required by Code.
108
Estes Park Town Board of Trustees, January 24, 2017
915 Moraine Ave., Zoning Map Amendment (Rezoning)
4. I move to CONTINUE THE HEARING to provide adequate time to review additional
materials, finding that the applicant has not provided sufficient information to review
the application.
Attachments:
Ordinance #03-17
Application and Planning Commission Staff Report www.estes.org/currentapplications
109
ORDINANCE NO. 03-17
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE
TO REZONE A PORTION OF LOT 1 OF BEAVER POINT HEIGHTS
WHEREAS, on December 20, 2016, the Estes Valley Planning Commission
recommended approval of an Official Zoning Map amendment to rezone a portion of Lot 1,
Beaver Point Heights, from CO-Commercial Outlying to A-Accommodations.
WHEREAS, the Board of Trustees of the Town of Estes Park finds that this Official
Zoning Map amendment complies with the Standards for Review established in Section 3.3.D
of the Estes Valley Development Code and it is best interest of the Town that the
recommended zoning amendment be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
Section 1: The zoning of A PORTION OF LOT 1 OF BEAVER POINT HEIGHTS, A
SUBDIVISION LOCATED IN THE N 1/2 OF THE NW 1/4 OF SECTION 35, TOWNSHIP 5
NORTH, RANGE 73 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF BEAVER POINT
HEIGHTS SUBDIVISION, AND CONSIDERING THE NORTH LINE OF SAID LOT 1 TO
BEAR S83°31'26"E 345.73', BEING MONUMENTED ON BOTH ENDS BY A 1/2"
REBAR WITH A PLASTIC CAP WITH PLS NO. 26974; THENCE EASTERLY ALONG
SAID NORTH LINE 19.44'; THENCE DEPARTING SAID NORTH LINE ALONG A
BEARING OF S06°28'34"W 30.00'; THENCE S83°31'26"E 79.35'; THENCE
S17°01'04"E 71.36' MORE OR LESS TO THE MONUMENTED SOUTH LINE OF SAID
LOT 1; THENCE CONTINUING ALONG SAID SOUTH LINE S72°52'41"W 88.72'
MORE OR LESS TO THE MONUMENTED SOUTHWEST CORNER OF LOT 1;
THENCE CONTINUING ALONG THE WEST LINE OF LOT 1 N12°52'16"W 138.79'
MORE OR LESS TO THE NORTHWEST CORNER OF SAID LOT 1 AND THE POINT
OF BEGINNING, SAID AREA CONTAINS APPROXIMATELY 8,047 SQUARE FEET
MORE OR LESS, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF
RECORD, LARIMER COUNTY, COLORADO.
shall be changed from CO-Commercial to A-Accommodations.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, THIS 24th DAY OF JANUARY, 2017.
110
TOWN OF ESTES PARK
_____________________________________
Todd Jirsa, Mayor
ATTEST:
_____________________________
Jackie Williamson, Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the 24th day of January, 2017 and published in a newspaper of
general circulation in the Town of Estes Park, Colorado, on the day of
, 2017, all as required by the Statutes of the State of Colorado.
Town Clerk
111