HomeMy WebLinkAboutMINUTES Town Board 1995-12-05December 5 95TownofEstesPark,Larimer County,Colorado ,19.
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Minutes of a meeting of the Board of Trustees of the Town of
Estes Park,Larimer County,Colorado.Meeting held in the Municipal Building in
Bald Town of Estes Park on the ..day of ..e•cme•r,A.D.,;5•
at regular meeting hour.
H.Bernerd DannelsMeetingcalledtoorderbyMayor
Present:Mayor Dannels TruBtees:Robert L.Dekker
Mayor ProTem
Susan L.Doylen
Stephen W.Gillette
William J.Marshall
Michael E.Miller
Also Present:J.Donald Pauley
Gary F.Kiaphake,Town Administrator
Greg White,Town Attorney
Tina Kuehl,Deputy Town Clerk
Absent:None
Mayor Dannels called the meeting to order at 7:30 p.m.
PUBLIC INPUT
Trustee Doylen spoke on behalf of Louis O’Riordan,who wished to
express his support of the Lone Tree Village housing issue and
encourage citizens to vote on December 12.
CONSENT CALENDAR:
1.Town Board minutes dated November 28,1995.
2.Bills.
It was moved and seconded (Dekker-Doylen)the consent calendar be
approved,and it passed unanimously.
ACTION ITEMS:
l.A.Storer Ranch Rezoning Request.
1.Developer Rich Wille Proposal.Mayor Dannels opened the
Public Hearing.Community Development Director Stamey
reported a letter dated December 4,1995,was received from
George Goddard,on behalf of a portion of the Storer Ranch
owners,stating that they do not support the rezoning request
as there is no agreement between the owners and Rich Wille.
Stamey further stated that the Planning Commission recommended
termination of this proposal and denial of the Lone Pine
proposal.John Spooner,Van Horn Engineering,requested the
Town consider establishing conditional zoning.Hearing no
further comments,Mayor Dannels closed the Public Hearing.
Attorney White explained conditional zoning,PUD’s and
“holding zones”.White further noted that multi-family use is
acceptable in a C-O zone;however Mr.Wille’s proposal
included a request for rezoning.It was moved and seconded
(Doylen-Gillette)that termination,as recommended by the
Planning Commission,of Mr.Wille’s rezoning request of Lots
8-11,Mountain Park Subdivision (Storer Ranch Addition)be
approved,and it passed unanimously.
2.Lone Pine Proposal.Mayor Dannels opened the Public
Hearing.Ralph Nicholas,1660 North Ridge Ln.,spoke on
behalf of concerned citizens in the community as well as Lone
Board of Trustees,December 5,1995 -Page 2
Pine residents for acceptance of rezoning of 17 acres of
Storer Ranch Addition from C-C to E-Estate,noting protection
of elk migration areas and the citizen’s desire for low
density.Mr.Nicholas announced that a citizen’s initiative
will be filed with the Town Clerk to place the rezoning
question of this area on the ballot in April 1996.Linda
Tucker,741 Lone Pine Dr.,stated that the Planning Commission
classified their original petition as a request,although it
was referred to as a petition in meetings and in conversations
with Staff.Ms.Tucker clarified that the Lone Pine residents
are not against condominium residents,rather against dense
population in open space areas.George Hockman,1625 Prospect
Estates Dr.,suggested that certain areas in the Town be
classified as high density,affordable housing to avoid future
conflict.Administrator Kiaphake explained that the Code
allows for affordable housing density bonus available on a
site-specific basis.Klaphake further explained that a
petition is an official request for an initiated ordinance
filed with the Town to adopt an ordinance or set an election,
whereas a formal request has no legal standing but may be
referred to as a petition.Hearing no further comments,Mayor
Dannels closed the Public Hearing.Trustee concerns were the
criteria used for each proposal,potential litigation by the
Storer Ranch owners,and the difficulty of providing
transitional zoning.Attorney White explained that Mr.
Wille’s interest in the property expired with his contract;
zoning is not a vested right;and the possibility of a lawsuit
by the owners for any action taken by the Town is purely
speculation.Director Stamey noted that the proposed
Comprehensive Plan has designated that area as mixed use,both
commercial and residential.Trustee Miller referred to the 79
signatures on the Lone Pine petition request and stated that
zoning decisions are the responsibility of the Planning
Commission.Administrator Kiaphake explained that a proposal
initiated by the Commission was presented to and refused by
the owners,the developer,and the neighbors.Planning
Commission Chairman Sager reviewed the actions by the Planning
Commission regarding the Storer Ranch rezoning requests.It
was moved and seconded (Miller-Gillette)that the Lone Pine
Proposal B be referred back to the Planning Commission for a
recommendation into what zoning classification the property
should be zoned.Chairman Sager objected to this motion
stating that the Commission’s recommendation to the Board of
Trustees was the result of continual deliberation.Those
voting “Yes”:Trustees Gillette and Miller.Those voting
“No”:Trustees Dekker,Doylen,Marshall,and Pauley.The
motion failed.It was moved and seconded (Dekker-Marshall)
that Zoning Proposal B be denied pursuant to the
recommendation of the Planning Commission.Trustee Gillette
stated that he does not support zoning as presented or by
initiative.Trustee Doylen stated no support of the zoning
request as presented.Those voting “Yes”:Trustees Dekker,
Doylen,Marshall,and Pauley.Those voting “No”:Trustees
Gillette and Miller.The motion passed.Trustee Miller
stated that the Board’s responsibility is to make decisions,
no matter how difficult.Trustee Dekker encouraged the
owners,developers,and neighbors to work together toward a
solution.
B.Town of Estes Park,Amended Plat of Lots 7,8,25 and a
Portion of Lot 24,Block 10,Rex Miller/Applicant.It was
moved and seconded (Doylen-Gillette)this item be continued to
January 9,1995,and it passed unanimously.
2.Glacier Creek Water Tank Bid Presentation.Public Works
Director Linnane presented three bids for construction of the
Glacier Creek 1.0 million gallon water storage tank:
Duckels Construction,Inc.$742,905
Park Construction,Inc.$783,586
Lillard &Clark Construction Co.$1,081,115
Board of Trustees,December 5,1995 -Page 3
Director Linnane noted that the remaining budget,after
purchase of the tank site property from the YMCA,is $734,699.
Although the low bid from Duckels Construction is over budget,
the $8,206.00 difference can be funded by the 1995 Glacier
Tank Engineering Services account which is approximately
$30,000 under budget.The 1996 budget will cover any change
orders,which typically range from 1%to 10%of the total bid
price.It was moved and seconded (Gillette-Pauley)that the
Duckels Construction bid of $742,905 for construction of the
Glacier Creek Water Tank be approved,and it passed
unanimously.
3.Resolution #34-95 -Drug and Alcohol Testing Policy.
Administrator Kiaphake explained that the United States
Department of Transportation requires all municipalities to
comply with drug and alcohol testing for CDL-licensed drivers.
Town Attorney White read the Resolution.It was moved and
seconded (Doylen-Pauley)that Resolution #34-95 be approved,
and it passed unanimously.
4.Special Events/EVRPD Agreement for Use of Barn W.Special
Events Director Hinze reported that an Agreement between the
Town and EVRPD has been reached regarding the use of Barn W
for an in-line skating program between December and April.
The Town will provide the District with a key to the entrance
on Manford Ave.and to Barn W and pay for electric use.The
District will pay a fee of $10.00 per use,and will provide a
net to protect walls and stored vehicles,protective padding,
snow removal when needed,supervision,and insurance.It was
moved and seconded (Doylen-Gillette)the Agreement between the
Town and EVRPD for an in-line skating program be approved,and
it passed unanimously.
5.Department of Revenue,Motor Vehicle Division -Lease
Extension for Driver’s License Office Space.Administrator
Klaphake explained that when the county offices relocate,the
State Driver’s License office will remain at the Municipal
Building.The present lease expires December 31,1995,with
the annual rent at $10.00 per square foot,or $3,760.00 per
year.The renewal lease is through 1998 at an increase in
rent to $10.80 per square foot.It was moved and seconded
fDekker-Pauley)the Lease Extension Agreement with the State
of Colorado for the Driver’s License Office space in the
Municipal Building be approved,and it passed unanimously.
6.Liquor License,Transfer of Ownership from Susan Johnston,
Randy Anderson,and Vern Ben-i amin to Susan Johnston and Randy
Anderson,d.ba Molly B Restaurant,Beer &Wine Liquor License,
200 Moraine Ave..Administrator Klaphake advised that the
application is in order.It was moved and seconded (Doylen
Gillette)the Transfer of Ownership to Susan Johnston and
Randy Anderson,d.ba Molly B Restaurant be approved,and it
passed unanimously.
7.Estes Valley Public Library District -Appointments.It was
moved and seconded (Pauley-Marshall)Wilbur Coyle and Allan
Wasson be appointed to the Estes Valley Library District for
four-year terms,expiring 12-31-99,and it passed unanimously.
8.Museum Advisory Board -Appointments.It was moved and
seconded (Doylen-Dekker)Eugene Oja and Nancy Sciaffo be
appointed to four-year terms,expiring 1-1-2000,and Jack
Melton be appointed to a one-year term,expiring 1-1-97,and
it passed unanimously.
9.Town Administrator’s Report.
A.New Health Insurance Plan.Administrator Klaphake
explained that current employee health benefits due to
expire at the end of the year have been extended to
Board of Trustees,December 5,1995 -Page 4
February 1,1996.A recommendation for a new plan will
be presented in January.
B.Ordinance Amending Chapter 16 &17.Administrator
Kiaphake explained that the Planning Commission will
conduct a public hearing regarding an amendment to
Chapter 16 &17 of the Municipal Code to require owner
signature of all land use applications,after which an
Ordinance will be presented to Town Board.
C.New Fire Station.Administrator Klaphake,Attorney
White,and Trustee Gillette continue to meet with the
Fire Department volunteers to discuss the time line for
the new fire station construction.The design phase will
continue through March,with construction bids awarded in
April,construction complete in late July,and occupancy
in late summer.A contract has been negotiated with
Thorp &Assoc.in the amount of $57,650.00,which
includes complete blueprints,architectural designs,and
engineering.It was moved and seconded (Gillette-Dekker)
the contract with Thorp &Assoc.be approved,and it
passed unanimously.Trustee Marshall commended Staff and
the Fire Department for their active roles in completing
this project.
Mayor Dannels adjourned the meeting at 8:55 p.m.
Mayor
Deputy Town Clerk
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