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Home My WebLink AboutMINUTES Town Board 1995-04-25Town of Estes Park,Larimer County,Colorado,•April ,;95 Minutes of1gu1a.r 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 •2th .day of ...PY1...•,A.D..,l9. at regular meeting hour. H.Bernerd Dannels Meeting called to order by Mayor Present:Mayor H.B.Dannels Trustees:Robert L.Dekker, Mayor ProTem Susan L.Doylen, Stephen W.Gillette, William J.Marshall, Gary F.Klaphake,Michael E.Miller, Also Present:Town Administrator J.Donald Pauley 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 apologized to Mayor Dannels for comments he made during the Board meeting April 11,and agreed with the concept,not funding amounts,of the IGA Capital Improvements Plan with EVRPD and Park School District,adding that a bond issue will not pass. Louis Canaiy commented he is not opposed to growth and progress; however,he disagrees with the aforementioned IGA,particularly funding for a youth center,noting that “Estes Park cannot afford this Plan.” Mike Smith/School Board Member,clarified the bond proposal, particularly the youth center. Trustee Doylen urged the community to participate in the Kid’s Quest Playground Project,encouraging volunteers to join in this worthwhile community construction project. Mayor Dannels noted that the 3—minute time—frame addressing items directly relating to Town business,will be enforced. CONSENT CALENDAR: 1.Town Board minutes dated April 11,1995. 2.Bills. 3.Committee Minutes: A.Light and Power,April 13,1995. B.Public Safety,April 20,1995. C.Planning Commission,April 13,1995 (acknowledgement only). 4.Public Hearing.Final Plat of Grey Fox Estates,First Filing, Richard and Ann Barlow/Applicant -Continue to May 9,1995. 5.A.Special Event Application filed by the American Legion Post #119 for event scheduled May 29,1995 -Authorization to post the premises. B.Special Event Application filed by the Estes Park Lions Club Board of Trustees -April 25,1995 -Page 2 for Western Heritage Days scheduled July 12-15,1995 - Authorization to post the premises. It was moved and seconded (Gillette/Doylen)the consent calendar be approved,and it passed unanimously. ACTION ITEMS: 1.Electric Utility Contract between Rocky Mountain National Park and the Town.Light &Power Director Matzke reviewed the Contract,which,in summary,upgrades the Park’s electric distribution system which will then be owned and maintained by the Town.The Contract includes a Park cost not—to—exceed $197,000.Work is to be completed by 1996 (contingent upon Park funding being available).It was moved and seconded (Dekker/Pauley)the Electric Utility Contract with the RMNP be approved,and it passed unanimously. 2.Special Review #95-1,Tract 4,Beaver Point,First Addition, Peter and Ricki Ingersoll/Applicant.Mayor Dannels opened the public hearing.Senior Planner Joseph reviewed the request to approve a one unit density bonus for a total of 27 units. Based upon the utilization of topography,positive solar,and the trail dedication,the Planning Commission recommended approval of the bonus (4/2 vote).Discussion/clarification followed concerning building bulk coverage,parking,nightly rentals,and commercial v.residential uses.Attorney White stated that the Applicant,by right,can construct 26 units and the site is zoned commercial.Commission Chairman Sager noted that the Planning Commission did comment that garages not be used for storage or converted into bedrooms——both of which should be added as a condition of approval.Kim Haber commented that if nightly rentals are allowed,this fact should be made known to future owners.There being no further discussion,Mayor Dannels declared the public hearing closed. It was moved and seconded (Dekker/Gillette)Special Review #95-1,for Tract 4,Beaver Point,First Addition for a one- unit bonus be approved contingent upon all eleven conditions placed by the Planning Commission (refer to Planning Commission Minutes dated April 18,1995)with the following amendments/additions,and it passed unanimously: 1.Condition #10 be amended to read as follows:“The Condominium Association shall (not “will”)be responsible for maintenance .. 12.Garages for the entire development to be used strictly for vehicles,not storage or living quarters. 3.Intergovernmental Agreement between the Park R—3 School District,Estes Valley Recreation and Park District,and the Town for an Interim Youth Center.Trustee Gillette reported that both he and Mayor ProTem Dekker served on this Committee to research available lease sites for the youth.Pursuant to extensive search,the committee found all three entities could not afford to purchase land,thus,the modular concept was initiated.Although the modular concept is a “stop-gap”, Trustee Gillette urged support,as a safe and secure environment for the youth can be provided with adoption of the Agreement setting in place the modular building concept. Trustee Doylen urged that the word “interim”in connection with the youth center be deleted from all documentation, adding that the modular concept is a very efficient manner in which to expend funds.Trustee Miller reported that he was in favor of the facility;however,he questioned the Town’s participation as EVRPD is a taxing authority charged with the responsibility of providing such facilities.Trustee Gillette responded that mobility (driving to the YMCA)and time-frame Board of Trustees —April 25,1995 —Page 3 (citizens have waited for 30 years for a youth center,it is time to proceed;also,the facility will act a multi-use facility)are of utmost importance.Pursuant to TABOR,the Town cannot expend the $55-60,000 outright from contingency funds.Administrator Kiaphake reviewed the 5—year Agreement, confirming that “interim”will be deleted.Following editorial amendments from all three entities,the IGA will be submitted for approval. 4.Legal Opinion of Stanley Park Deed Restrictions -Town Attorney White.Attorney White reported that he was directed to review the three reverter clauses governing Stanley Park when the indoor arena was being proposed.The site was deeded in three parcels from F.0.Stanley,Estes Park Development Co.,and Mr.and Mrs.Manford.The Town Board does have the right to remove the clauses,manage the property at the Board’s discretion,and seek quiet title.Premier Title Company/Loveland has issued title commitments for all three properties indicating that,subject to quiet title action removing the reverter clauses,said Company will insure title in the Town.Trustee Miller stated that the Board is using this site for purposes not originally intended by the three donors.Kim Haber stated that the Trustee’s stance on this property will impact any future land gifting.Attorney White commented that it was his legal opinion that the reverter clauses were no longer enforceable,and that the filing of the quiet title actions is for the purpose of confirming this permission.It was moved and seconded (Pauley/Marshall) Attorney White be authorized to file the quiet title actions, and it passed by the following votes:Those voting “Yes” Trustees Doylen,Dekker,Gillette,Marshall and Pauley.Those voting “No”Trustee Miller. 5.Town Administrator’s Report: A.Parking Plan Update.Mayor Dannels announced that Parking Plan meetings have been scheduled as follows: September 13,1995 -Introductory Meeting September 27,1995 —Second Meeting October 10,1995 -Report to Town Board The first two meetings will be held in Room 203 of the Municipal Building at 7:00 P.M.The October 10th meeting will be held in the Board Room at 7:30 P.M. Trustee Pauley will chair these meetings with staff assistance from Public Works Director Linnane.EPURA representatives will be Commissioner Martin and Director Anderson. B.Helicopter Tours.The League of Women Voters has been investigating helicopter tours which have recently expanded in Colorado.It has been determined that the FAA has jurisdiction,not the Town Board,over air space and noise regulations in Estes Park;however,the Board does have land use controls.County Commissioner Disney is researching legislation to require helicopters to fly out of airports. Following completion of all agenda items,Mayor Dannels adjourned the meeting at 9:26 P.M. Mayor Town Clerk