The URL can be used to link to this page

Home My WebLink AboutMINUTES Town Board 1995-01-10Town of Estes Park,Larimer County,Colorado,.Ja.rn1ay.0..•, Minutes of a .Regular...meeting of the Board of Trustees of the Town of Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in said Town of Estes Park on the ..day of ••••Jnury •,A.D., at regular meeting hour. H.Bernerd Dannels Meeting called to order by Mayor Present:Mayor Trustees: H.B.Dannels Robert L.Dekker,Mayor Pro Tern Susan L.Doylen, Stephen W.Gillette, William J.Marshall, Also Present:Michael E.Miller, Gary F.Klaphake,J.Donald Pauley Town Administrator Gregory A.White, Town Attorney Vickie O’Connor, Absent:Town Clerk Absent:None The Town’s 75th Anniversary was recently recognized and Polly Gunn, Co—Chair,gave a brief background of Anniversary events,and commended Committee Members Patricia Maher,Melody Paige,Ned Linegar,Terry Licence and Tim Asbury.Ms.Gunn presented a Commendation Award to Mayor Dannels from the American Association of State and Local History commemorating Estes Park’s 75th Anniversary. PUBLIC INPUT. Louis O’Riordan expressed objection to the 3-minute time limit for public input and the expenditure by the Advertising Department for the “Internet”system. CONSENT CALENDAR: 1.Town Board minutes dated December 13,1994. 2.Bills. 3.Committee Minutes: A.Public Safety,December 15,1994. B.Community Development,January 5,1995. C.Planning Commission,December 20,1994 (acknowledgement only). D.Board of Adjustment,January 3,1995 (acknowledgement only). It was moved and seconded (Dekker/Gillette)the consent calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Accountability Committee -Report.The Public Safety Committee recommended Administrator Klaphake obtain additional information on a “Standards Committee”as requested by Todd Jirsa/citizen.Staff contacted CML and discovered that the majority of municipalities use such an ad—hoc committee for specific projects,ie:budget,planning;these committees have not been used on a general basis for the entire city. Consensus of the Board was to refer this item back to the Board of Trustees -January 10,1995 -Page 2 Public Safety Committee. 2.A.Lions Club of Estes Park Agreement.The Community Development Committee recommended approval of the standard Lions Club Agreement for rental and operation of the Concession Stand at the Fairgrounds.It was moved and seconded (Doylen/Marshall)the Lions Club Agreement be approved as presented,and it passed unanimously. 3.Hunter Jumper Horse Show Agreement.It was moved and seconded (Doylen/Pauley)the Hunter Jumper Agreement be approved as presented,and it passed unanimously. 3.A.Final Plat of Lot 6,Little Prospect Mountain Addition,137 Stanley Circle Drive,Geraldine Kappely/Applicant.Mayor Dannels opened the public hearing.Community Development Director Stamey reported that the Applicant is proposing to divide an existing lot into two lots,and existing land use is one single-family dwelling on Lot 6A;Lot 6B is vacant.Sewer connection to Lot 6A has been completed,a maintenance and access note for the driveway access has been added to the plat,and all Planning Commission recommendations have been addressed.There being no public comment,Mayor Dannels closed the public hearing.It was moved and seconded (Doylen/Gillette)the Final Plat of Lot 6,Little Prospect Mountain Addition be approved,and it passed unanimously. B.Amended Plat of Lots 15,16 and 17,Block 2,Town of Estes Park,101 E.Elkhorn Avenue C Hupp Hotel),Elizabeth Bowers/Applicant.Mayor Dannels opened the public hearing. Director Stamey reported that the Applicant is proposing to combine three lots into two,an Improvement Guarantee has been received for the installation of sidewalk,curb and gutter, and a 20’access easement for Lot 14 (northeast corner of the site)has been provided.Director Stamey confirmed that he will prepare a timing schedule for the Applicant for the installation/completion of individual water meters (project to be completed prior to reconstruction of Elkhorn Ave.);and a note will be added to the plat concerning the status of the Estes Park Sanitation District sewer line.Representative Van Horn confirmed that sufficient funds will be included in the Improvement Guarantee for installation of the water meters. The EPSD has experienced difficulty in locating the sewer line for the single-family dwelling behind this site,therefore,a note will be added to the plat stating that if the buildings are modified,the building owner is obligated to ensure sewer service to the single-family dwelling (prescriptive right). This note will create a blanket easement for said sewer line. There being no further testimony,Mayor Dannels closed the public hearing.It was moved and seconded (Doylen/Gillette) the Amended Flat of Lots 15,16 and 17,Block 2,Town of Estes Park be approved,and it passed unanimously. C.Replat of Lot 131,Al Fresco Place,John Grace/Applicant. It was moved and seconded (Pauley/Doylen)the Replat of Lot 131,Al Fresco Place be continued to February 14,1995,and it passed unanimously. D.Amended Flat of Lots 11,12 and 13,Park Entrance Estates, Janice A.Larkin/Applicant.Mayor Dannels opened the public hearing.Staff noted that the Applicant is proposing to combine three lots into one lot with a total of 3.03 acres and all Planning Commission recommendations have been met.As there was no public comment,Mayor Dannels closed the public hearing.It was moved and seconded (Dekker/Doylen)the Amended Flat of Lots 11,12 and 13,Park Entrance Estates be approved,and it passed unanimously. Board of Trustees -January 10,1995 -Page 3 E.mended Plat of Lot 10,Block 2,Park Entrance Estates, Metes and Bounds Parcel,Ted Chittwood/Applicant.It was moved and seconded (Pauley/Doylen)the Amended Plat of Lot 10, Block 2,Park Entrance Estates be continued to February 14, 1995,and it passed unanimously. F.Special Review #94-2,Lots 16 and 17,Crags Subdivision, Johnson and Maria Lin/Applicant.Trustee Doylen declared a potential conflict of interest and stated she would not participate in discussion nor vote.Mayor Dannels opened the public hearing.Director Stamey reported that the Applicant is requesting a transfer of density from Lot 17 to Lot 16 to allow construction of two 3—story six—plex apartment buildings,thereby maintaining Lot 17 as open space.Code compliance would allow 8 units on Lot 16 and 4 units on Lot 17.With the transfer of density,the Applicant is proposing a total of twelve units plus open space--density is not being increased.If approved,the Town would be a party to the covenants to maintain Lot 17 as open space.Staff reviewed drainage issues,met with the Applicant’s engineer,and downstream residents to resolve said issues,and as a result, the detention pond on Lot 16 will be oversized to protect surrounding property owners.The direction of any runoff will be at the historical pattern.Staff reported that the plans ensure that an increase should not occur.Representative Van Horn commented that the direction of flow is not being altered and that standards have been established for the management of storm water;however,there is no guarantee downstream residents will not be flooded.The Applicant has exceeded acceptable standards in an attempt to resolve the drainage concerns.Van Horn added that Lot 17 would require vast amounts of blasting and that the density is reduced due to the slope calculation--the Applicant is not requesting a change in the density,and the Board of Adjustment has granted a 10’ setback.The Board questioned whether ownership of Lots 16 and 17 would remain with the Applicant,if Lot 17 would remain as open space,and whether the roof would be redesigned.Van Horn stated that the covenants could include linkage of both lots to the Applicant,Lot 17 will remain as open space in perpetuity,and the roof will be redesigned.There being no public testimony,Mayor Dannels closed the hearing.It was moved and seconded (Dekker/Marshall)Special Review #94-2 for Lots 16 and 17,Crags Subdivision be approved with the conditions that Lots 16 and 17 remain C in perpetuity)under one ownership,Lot 17 remain as open space in perpetuity,and that Planning Commission Recommendation #1 (“Finding”)read as follows:‘Lot 17 is determined to lie of special importance due to the value as a scenic resource preservation.”(deleted all reference to animal habitat/wildlife migration),and it passed by the following votes:Those voting “Yes”Trustees Dekker,Gillette,Marshall,Miller and Pauley.Those “Abstaining”Trustee Doylen. G.Rocky Mountain National Park,Fall River Entrance Visitors Center -Letter of Support from Town Board.Administrator Klaphake reported that former Supt.Rouse requested a letter of support for this project which was presented to the Town Board and Planning Commission.Relative to wildlife concerns, Trustee Doylen confirmed that D.O.W.Representative Spowart advised that this plan was far superior and far less detrimental to the wildlife than the previously submitted plan.It was moved and seconded (Doylen/Gillette)the Mayor be authorized to issue a Letter of Support for the Fall River Entrance Visitors Center proposed by the Rocky Mountain National Park,and it passed unanimously. 4.Fire Department Year-End Report.Secretary Chrastil presented the following officers for appointment,and it was moved and seconded (Pauley/Marshall)the following officers be approved, Board of Trustees -January 10,1995 -Page 4 and it passed unanimously: Jack Rumley Fire Chief Edward Ford 1st Assistant Chief Scott Dorman 2nd Assistant Chief Mark Chrastil Secretary Chief Rumley reviewed the “Run Report”:total number of calls 213,total manhours 3,101,total incidents inside Town limits 74,and total incidents outside Town limits 139.Secretary Chrastil reviewed income and expenses,and confirmed that $30,000 for construction of the west-end satellite has been reserved.Work on the smoke house is completed and the Department is considering the purchase of a new tanker.In the recent fund drive,donations averaged $50 with total donations collected thus far $74,921.50.Administrator Klaphake noted that the funds specified in the report are the sole responsibility of the Department.Funding included in the Town’s budget for operations of the Fire Department is combined for total funding.The Board commented that the Department is well lead and trained,and praised the Department for a job well done. 5.Resolution #1-95 Designating a Public Place to Post Notices. Pursuant to Section 2 6-6-402 (2)(c),the Board must designate a public place where all public notices must be posted.It was moved and seconded (Gillette/Doylen)Resolution #1-95 be approved,designating the area adjacent to Administrative Offices as the public notice area,and it passed unanimously. 6.Services Agreement —Rocky Mountain Business Service/Jo Ann Pierce.Administrator Klaphake requested approval of a secretarial services agreement between Rocky Mountain Business Service/Jo Ann Pierce and the Town.The company is a genuine private contractor,complying with IRS regulations.This cost—effective agreement includes a fee of $1,200/mo.and,if approved,will be renewed annually.It was moved and seconded (Gillette/Dekker)the Agreement with Rocky Mountain Business Service be approved,and it passed unanimously.Staff will add language requiring a current business license in all future agreements of this nature. 7.Resolution #2-95 Exercising the Option to Purchase 4.784 acres from 0.M.Nagi Company,$397,072.00.Town Attorney White reviewed all closing documents for the purchase of 4.784 acres owned by 0.M.Nagl Company which is to be utilized for affordable housing.Trustee Miller questioned how approval could be granted without specific parameters being clearly defined (i.e.rental fees,number of units,etc.),and that, in his opinion,tax dollars should not be expended for housing.Administrator Elaphake responded that staff has been collecting information relating to tax credits,interest rate, gap financing,and rent calculations.A Performa will be prepared and submitted to the Board for approval.If the document is not approved,the land in question could be sold. Public comment in favor of the expenditure was heard from Louis O’Riordan.Additional Board comments included:the land is the foundation in which to solve the housing problem, the Town should follow the existing Investment Policy -the Town should not compete with the private sector concerning housing -the Option to Purchase the land has been in effect for nine months and the Town has yet to define the parameters. There being no further discussion,it was moved and seconded (Pauley/Marshall)Resolution #2-95 be approved,and it passed by the following votes:Those voting “Yes”Trustees Dekker, Doylen,Gillette,Marshall and Pauley.Those voting “No” Trustee Miller. Board of Trustees —January 10,1995 -Page 5 8.Liquor Licenses: A.ALPENAIRE INN,New Hotel and Restaurant License,215 Virginia Dr.,Alpenaire Inn,Inc./Applicant.Trustee Doylen declared a conflict of interest and stated she would not participate in discussion nor vote.Mayor Dannels opened the public hearing.Applicant’s representative John Phipps/Attorney,presented a Petition containing 20 signatures in favor of the liquor license.Mary Yochum is the President of the Corporation and sole stockholder.There being no public comment,Mayor Dannels closed the public hearing. Attorney White reviewed the application and finding that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood,and that the desires of the adult inhabitants are for the granting of this liquor license,it was moved and seconded (Gillette/Dekker) the Hotel and Restaurant License filed by Alpenaire Inn,Inc. be granted,and it passed by the following votes:Those voting “Yes”Trustees Dekker,Gillette,Marshall,Miller and Pauley.Those voting “No”none.Those “Abstaining”Trustee Doylen. B.Transfer of Ownership:Retail Liguor Store License,from Bob and Connie Gappa to Joseph and Diane Kollias,dba MOUNTAIN DEW LIQUOR,182 S.St.Vram Ave.Current owner Bob Gappa introduced the new owner Joseph Kollias.Staff questioned whether a previous Liquor Code violation would extend to the new owner.Attorney White confirmed that the violation does transfer with the property.There being no further discussion,it was moved and seconded (Dekker/Marshall)the Transfer of Ownership to Joseph and Diane Kollias,dba MOUNTAIN DEW LIQUOR be approved,and it passed unanimously. **Upon researching the file,the Town Clerk determined the Show Cause Hearing was held February 10,1993.The Findings and Order mandated a 15-day suspension beginning March 15, 1993,ending March 29,1993,and there were no additional days held in abeyance. C.Transfer of Ownership:Beer and Wine License.From Richard A.Barlow to Deborah Delcamp and Robert Pieper,dba POPPY’S PIZZA &GRILL,342 E.Elkhorn Ave.New owners Ms. Delcamp and Mr.Pieper were not in attendance,and as the application was in order,it was moved and seconded (Doylen/Pauley)the Transfer of Ownership to Deborah Delcamp and Robert Pieper,dba POPPY’S PIZZA &GRILL be approved,and it passed unanimously. D.Transfer of Ownership:Hotel and Restaurant License.From Stephen and Sharon Moritz to Two Dolphins,L.L.C.(Alexandra P.Jones),dba GRUBSTEAK RESTAURANT,134 W.Elkhorn Ave.Ms. Jones was present.Trustee Marshall questioned the status of smoke complaints issued by adjacent tenants.Ms.Jones stated that in a good faith effort,a 6’smoke stack was being added to the exhaust system.There being no further comments,it was moved and seconded (Doylen/Gillette)the Transfer of Ownership to Two Dolphins,L.L.C.dba GRUBSTEAK RESTAURANT,lie approved,and it passed unanimously. 9.Reappointments: A.Estes Park Building Authority.Staff reviewed the purpose and responsibility of said Authority,and it was moved and seconded (Dekker/Marshall)Peggy Lynch,Member and Monte Vavra,Secretary be reappointed to 3-Year Terms expiring January,1998,and it passed unanimously. B.Advertising Policy Committee.Louis O’Riordan expressed his objection to the proposed reappointment,stating that Board of Trustees -January 10,1995 -Page 6 all appointees are business owners with special interest in promoting their business.Mayor Dannels advised that Member Souers was not in private business,and it was moved and seconded (Pauley/Doylen)Members Terry Licence, Jerry Souers,Scott Webermeier,and Chamber of Commerce Representative Connie Boschen be reappointed to 2—Year Terms expiring January,1997,and it passed unanimously. 10.Town Administrator’s Report: A.Staff reported that in an attempt to improve attendance, street boundaries for invitations to the Community Breakfast have been extended to include citizens residing outside Town limits. 11.It was moved and seconded (Pauley/Doylen)the Board enter Executive Session to discuss litigation concerns with Town Attorney White,and it passed unanimously. There being no further business,Mayor Dannels adjourned the meeting at 9:26 P.M.to Executive Session. Mayor Town Clerk