HomeMy WebLinkAboutMINUTES Town Board 1995-08-08Town of Estes Park,Larimer County,Colorado,.Au.gvsJ .8....,19.95.
Regular
Minutes of a meeting of the Board of Trustees of the Town of
Estee Park,Larimer County,Colorado.Meeting held in the Municipal Building in
said Town of Estee Park on the .f..day of ...1qut•.
.,A.D.,;g•9
at regular meeting hour.
H.Bernerd Dannels
Meeting called to order by Mayor
Present:Mayor Trustees:
H.B.Dannels Robert L.Dekker,
Mayor ProTem
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,
Town Clerk
Absent:None
Mayor Dannels called the meeting to order at 7:30 P.M.
PUBLIC INPUT.
Louis O’Riordan expressed his opposition to the Advertising Budget;
US West should be allowed to complete their upgrade project;he has
not released his lawsuit against the Town regarding the deed
restriction on Stanley Park;and the name of the fairgrounds should
be returned to Stanley Park Fairgrounds.
CONSENT CALENDAR:
1.Town Board minutes dated July 25,1995.
2.Bills.
3.Committee Minutes:
A.Community Development,August 3,1995.
4.Sunrise Rotary Club -Autumn Gold Event,September 23 and 24,
1995,Bond Park -Motion Authorizing Town Clerk to Post the
Premises.
It was moved and seconded (Doylen/Marshall)the consent calendar be
approved,and it passed unanimously.
ACTION ITEMS:
1.Park Entrance Estates -Special Improvement District (SID).
Mayor Dannels opened the public hearing.Town Attorney White
read an Ordinance authorizing the improvements to be made for
the SID.In order to finance the acquisition and construction
of the improvements,the Town will seek approval of the
issuance of Special Assessment Bonds.Public Works Director
Linnane provided the following for the official record of
proceedings:
A.Map -indicating all lots within the special
improvement district,a total of 37.
B.Preliminary Construction/Design Drawings.
C.Cost of Improvements -Roadway =$16,600±/lot;and
Water (Block 2 only)=$8,200±/lot.
Board of Trustees -August 8,1995 -Page 2
D.Assessment/Lot -Block 1 and 2 Roadway =
$l,500±/yr./lot at 6.75%Interest -at 8%Interest,
the cost would be $l,650±/yr./lot.
Block 2 Water =$1,150±/yr./lot at 6.75%Interest -
at 8%Interest,the cost would be $l,300±/yr./lot.
E.Special Benefit -Pursuant to discussions with
financial institutions,Jack Kneer and Naomi
Williams,the market value from the proposed
improvements will be greater than the
assessment/lot.
Robert Murphy/Park Entrance Water shareholder agreed with
Director Linnane regarding special benefit statements,and
requested voter clarification.Attorney White responded that
pursuant to the provisions of Section 31-25-534(3)C.R.S.,
only Colorado registered electors who are owners of property
within or residents of the District shall be eligible to vote
on the ballot question.
Staff reported there were no written objections filed,and
that the bonds will be placed locally.There being no further
testimony,Mayor Dannels declared the public hearing closed.
It was moved and seconded (Dekker/Doylen)Ordinance #12-95 be
approved,including Items A-E above,and it passed
unanimously.Whereupon Mayor Dannels declared the Ordinance
duly passed and adopted,ordered it numbered 12-95 and
published according to law.
It was moved and seconded (Doylen/Marshall)the Town Clerk be
authorized to begin the process of placing the bond issue on
the November 7,1995 ballot,and it passed unanimously.
Attorney White read a Resolution,which includes an Agreement
with Larimer County to conduct a coordinated election,and it
was moved and seconded (Gillette/Pauley)Resolution #20-95 be
approved,and it passed unanimously.
2.A.Manske Addition Annexation,Glen &Margaret Manske/Applicant.
Mayor Dannels opened the public hearing.Annexation.
Director Stamey advised that Town Board consideration includes
two requests:annexation and zoning.The annexation consists
of a 1.54-acre site,located west of Brook Drive.The
Applicants requested R-M Multi-family zoning which would allow
up to twelve units.Pursuant to the submission of a petition
opposing the R-M Multi-family zoning,staff read a portion of
the state statute that requires a total of five affirmative
votes to pass the zoning.Colored maps were displayed that
indicated land use,zoning and the residents opposing the
zoning.Current Larimer County zoning is E-Estate,and the
Planning Commission has recommended R-S zoning which would
allow up to three single-family lots or two duplex lots.
Attorney White confirmed that should the Applicant oppose R-S
zoning,such was not grounds to withdraw the annexation.
Those speaking “in favor”of the Annexation:Bill Van Horn,
Applicant’s representative.There being no further testimony,
Attorney White read the Annexation Resolution,and it was
moved and seconded (Pauley/Gillette)Resolution #21-95,
finding the area eligible for annexation be approved,and it
passed unanimously.Attorney White read the Annexation
Ordinance,and it was moved and seconded (Pauley/Dekker)
Ordinance #13-95 be approved,and it passed unanimously.
Whereupon Mayor Dannels declared the Ordinance duly passed and
adopted,ordered it numbered #13-95,and published according
to law.
Zoning.Applicant’s Representative Van Horn reported that the
Applicant has expended time,money and effort on this project
Board of Trustees -August 8,1995 -Page 3
which has been based upon the character of the neighborhood.
A 12-unit development with garages and buffer (trees)is being
proposed.Renderings of Buildings 1,2,and 3 were displayed,
and two trees will be removed.This area was originally
annexed as S.St.Vram Addition and it has evolved into a
mixed-use area of the golf course,accommodations,multi
family,and industrial.The area is not a single-family
neighborhood and this development will not create a spot-zone
as it abuts R-M multi-family which is what the Applicant is
requesting.The nearby Park Ridge Apartments contain 30 units
and the St.Vram Quarters contain 12 units and there is no
evidence of any complaints for these developments.With
regard to traffic,the industrial area is yet to be fully
developed,however,there could be intense use at that
location;this project will generate an insignificant amount
of traffic in relation to existing uses.The Talmey Drake
survey listed the number one community concern is growth and
housing.Multiple housing is needed,the decision is where to
place it;if projects are denied based upon community
opposition,these projects will not occur.A quality project
is being presented,which will enhance the neighborhood and
will not diminish property values.Mr.Van Horn presented
slides taken from the property identifying a bed and breakfast
operation,mature landscaping,tepee (Avalon Dr.),industrial
area,Park Ridge Apartments,Masonic Lodge,and St.Vram
Quarters.
Staff confirmed that when the site was purchased,it was zoned
E-Estate in the County.Mr.Van Horn confirmed that
condominiums for purchase are being proposed,and the
Applicant anticipates a significant percentage of permanent
use.In addition,each unit will be 14-1800 sq.ft.
Those speaking in opposition to the R-M Zoning:Mrs.Harold
Allen,1750 S.St.Vram (offered an ownership history of the
area which was originally 20-acres,and commented that the
proposal will result in a loss of property values and
privacy).Franklin Burke,1770 S.St.Vram (was assured when
he purchased the property 14 years ago,that E-Estate would
not allow anything other than single-family development and
multiple-family built as single homes;concern with the
development being 100’from his back door,and view corridor)
Jeannette Villers,Acacia/Brook Dr.,(received confirmation
from the Town that a bed and breakfast cannot board more than
five guests at one time,and disagreed with the statement on
potential growth of the industrial area).Lynda Vogel,1129
Brook Dr.(the petition dated June 7,1995 contained 45
signatures,and she presented three additional signatures for
a total of 48;presented a colored map representing the 48
property owners;current zoning is E-Estate on two sides of
the proposed development,and single-family on the other two
sides.Residents understand there are mixed uses,however,
they do not desire that such uses be increased;the
development will have a negative impact on the quality of
life,wildlife habitat,traffic,drainage;with six buildings
there will be 24 vehicles or more on 1.54 acres,and public
safety concerns).Margaret Clark,President/EVIA,(she and
the Vice President met with the homeowners and support their
opposition to R-M zoning).Austin Condon,1849 Ranch Cir.and
EVIA (even good plans are bad if placed in the wrong place;
the site was zoned E-Estate for 15 years and residents have
relied on this zoning;reliance on the Comprehensive Plan;the
Planning Commission recommended R-S zoning;there has been no
new evidence presented by the Applicant in support of R-M
zoning).Sally Burke Badali,1041 Acacia Dr.(recalled
previous letters written in opposition to the R-M zoning;
commented on public safety concerns with this proposal and the
CDOT Highway 7 widening project,and confirmed that the tents
placed at the Masonic Lodge were temporary during Bible
School).Jeannie Tippen,1641 Avalon (the condominiums are
Board of Trustees -August 8,1995 -Page 4
not good for the neighborhood).Gaylord Villers,1720 Avalon
he circulated the petition and not one resident objected to
signing it;the bed and breakfast is not a detriment to the
neighborhood).
In rebuttal,Mr.Van Horn commented on his professional/client
relationship,understanding of the concerns expressed by the
residents,a 25’setback is being proposed,housing is needed
in Estes Park,fencing will not be installed,drainage and
Code conformance are considered under Special Review not
annexation,and the site was zoned County E-Estate by default.
Bill Swim,1660 Clover Ln.,commented on the concrete plant,
the Planning Commission recommendation of R-S,and concern
with density.
Trustee comments included:an increase in density of 400 or
1200%relative to control of growth/density;suitability of
the site;dependability of the county E-Estate zoning,and
Comprehensive Plan land use recommendations for this site,
which is low density,1/2 acre lots.
There being no further testimony,Mayor flannels declared the
public hearing closed.Attorney White read the Zoning
Ordinance.Trustee Miller reiterated his comments relative to
the increase of density;Trustee Doylen noted that the R-S
zone was consistent with the neighborhood,and Trustee Pauley
questioned whether E-Estate would be best.It was moved and
seconded (Gillette/Dekker)Manske Addition be zoned R-S
Residential.Motion failed by the following votes:Those
voting “Yes”Trustees Dekker,Doylen and Gillette.Those
voting “No”Trustees Marshall,Miller and Pauley.Staff
confirmed that state statute requires that a zoning decision
be made within 90 days of the public hearing.Mr.Van Horn
questioned whether five affirmative votes were required if the
Board approved R-S zoning.Attorney White responded five
affirmative votes are required pursuant to state statute,and
that building permits could not be issued until the property
is zoned.
Administrator Kiaphake reported that in conversations with
residents it appeared the neighborhood is not opposed to R-S
zoning.Margaret Manske stated that the previous owner of the
property was advised of the Applicant’s proposal for multi
family development;the project consists of well-planned
condominium homes (not transients),neighborhood concerns were
considered in the plans,and the project will be an asset to
the community.When questioned whether the neighborhood would
accept R-S zoning,Ms.Vogel responded that R-S was
acceptable.Following additional comments,it was moved and
seconded (Miller/Pauley)Manske Addition be zoned F-Estate.
Motion failed by the following votes:Those voting “Yes”
Trustees Marshall,Miller and Pauley.Those voting “No”
Trustees Dekker,Doylen and Gillette.Whereupon,it was moved
and seconded (Pauley/Gillette)the zoning decision by Town
Board be continued to August 22,1995,and it passed
unanimously.
Mayor flannels declared a five-minute recess at 9:34 P.M.
Mayor flannels reconvened the meeting at 9:39 P.M.
B.Final Plat of Grey Fox Estates,Second Filing,Richard &Ann
Barlow/Applicant.Acting upon the Applicant’s request,it was
moved and seconded (Doylen/Gillette)the Final Plat be
continued to August 22,1995,and it passed unanimously.
C.Amended Plat of Lot 2,James Subdivision,Tad &Dean
Warmer/Applicant.Acting upon the Applicant’s request,it
was moved and seconded (Doylen/Gillette)the Amended Plat be
continued to August 22,1995 ,and it passed unanimously.
Board of Trustees -August 8,1995 -Page 5
3.Slurry Seal Project (Portion of 1995 Street Improvement
Program Budget)-Recruest Approval to Expend $50,000.In a
memorandum dated August 2,1995,Manager Sievers reported that
the 1995 Budget contains $150,000 for the annual street
improvement project,and,due to scheduling,this item is
being brought directly to the Town Board in lieu of the Public
Works Committee meeting scheduled August 24.Staff is
proposing to use one-third of this budget toward the
application of Type II Slurry Seal.The slurry seal will be
applied to 3.5 miles of local streets;this material can
extend the life of a street and delay the costs of an overlay
for up to seven years.The following bids were received:
Quality Resurfacing Co $36,400
Inter-Mountain Resurfacing 49,200
Staff is also requesting the quantities be increased to 54,945
sq.yds.for a total expenditure of $50,000.Staff confirmed
that a previous slurry application on a portion of Community
Dr.did not meet Town standards due to the improper balance of
chemicals,and as the project was guaranteed,the Town did not
pay for this section.It was moved and seconded
(Gillette/Dekker)the low bid submitted by Quality Resurfacing
Co.be accepted,authorizing staff to increase quantities,for
a total 1995 Budget expenditure of $50,000,and it passed
unanimously.
4.Marys Lake Lodge Grant Application -Authorization to Sponsor
Colorado Historical Society Grant for Roof Rehabilitation.
Administrator Kiaphake presented the grant application,
confirming that sponsorship will not require any expenditure
of Town funds.This application is similar to the recent
award given to The Stanley Hotel by the Society.The grant
application does not stipulate that properties must be located
inside Town limits for Town Board support,and staff
anticipates future requests from other properties.It was
moved and seconded (Dekker/Pauley)the Town sponsor the Marys
Lake Lodge Grant Application as presented,and it passed
unanimously.
5.Resignation of Frank Hix from the Museum Advisory Board,
effective August 22,1995.Expressing the Town’s appreciation
for many of service,it was moved and seconded
(Doylen/Marshall)the resignation of Frank Hix from the Museum
Advisory Board be accepted,and it passed unanimously.
6.Town Administrator’s Report:
A.Administrator Kiaphake presented a Review Schedule
Calendar for adoption of the updated Comprehensive Plan.
The schedule includes meetings with the Media,Open
Houses,Work Sessions with the Planning Commission,
Larimer County Board of Commissioners,Town Board,and
joint public hearings.Staff anticipates adoption on
January 22,1996.
B.Staff called attention to the Community Development
Meeting minutes dated August 3,1995 pertaining to
tracking of the Conference Center.Renovations are being
scheduled for several accommodations,including The
Stanley Hotel and Holiday Inn.
Following completion of all agenda items,Mayor Dannels adjourned
the meeting at 9:53 P.M.
Mayor Dannels convened the Estes Park Housing Authority at 9:54
P.M.
1.Lone Tree Apartments Project,1310 Manford Ave.:Ass’t.
Administrator Widmer reported that Commissioner Doylen,
Board of Trustees -August 8,1995 -Page 6
Administrator Widmer reported that Commissioner Doylen,
Community Capital Corp.and he formed an Architect Selection
Committee.RFPs were received from four architects who had
low—income housing experience,and the following were
interviewed:
A.Fislikin +Associates
B.Patrick W.Nook &Company
C.Aller Lingle Architects.
The Committee is recommending Fislikin +Associates be selected
as the Project Architect for Lone Tree Apartments,for a not—
to-exceed fee of $60,875.00.Attorney White has reviewed the
contract and will be modifying it slightly.
The Lone Tree Apartment Project has been awarded a $150,000
Federal Home Loan Bank subsidy which will be administered by
Park National Bank.Due to a change in the FHLB rules,this
money will not be available for Project use until the
construction loan closes in Spring,1996.Due to cash flow
requirements of the Project,it will be necessary for the
Housing Authority to arrange short-term financing.Staff is
recommending the Authority enter into negotiations with Mercy
Housing,Inc.,sponsored by the Sisters of Mercy.A
representative from the Mercy Loan Fund has inspected the site
and,unofficially,the Project qualifies for a $150,000 loan
at 6%interest for 12 months.This type of financing was
anticipated and incorporated into the original Project budget,
there will be no increase in Project costs,and it is a path
to fund soft costs and bridge the financing gap.The
preliminary schedule and budget were reviewed.
Responding to questions concerning collateral,and TABOR
compliance,staff advised that official documents have not yet
been received to confirm collateral,and as the Housing
Authority has no taxing power,it is exempt from TABOR.It is
yet to be determined whether the site may have to be
transferred from the Town to the Authority.In addition,fee
proposals of $136,000±for Nook,and $176,000±for Lingle were
identified.All three architectural firms were highly
qualified.It was moved and seconded (Doylen/Gillette)fee,
not-to-exceed $60,875 submitted by Fishkin +Associates be
accepted,and that the Authority be authorized to enter into
negotiations with Mercy Housing,Inc.for the loan,
authorizing the Chairman and Secretary to execute the
appropriate documents,as long as the final terms and
conditions are in substantial compliance as presented,and it
passed by the following votes:Those voting “Yes”Trustees
Dekker,Doylen,Gillette,Marshall,and Pauley.Those voting
“No”Trustee Miller.
Trustee Dekker requested a brochure be prepared that will
provide all pertinent facts of the Project.Trustee Miller
requested information on exactly who the Authority believes
will reside at Lone Tree Apartments and how they will be
selected.
Following completion of all agenda items,Mayor Dannels adjourned
the meeting at 10:10 P.M.
H.B.Dannels,Mayor
A_%(L_’Z’‘t)t_[e J
Vickie O’Connor,Town Clerk