HomeMy WebLinkAboutMINUTES Town Board 1998-03-10‘Town of Estes Park,Larimer County,Colorado,March 10,1998
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 10th day of March,1998.
Meeting called to order by Mayor Robert L.Dekker.
Present:Robert L.Dekker,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
John Baudek
George J.Hix
William J.Marshall
J.Donald Pauley
Also Present:Gary F.Klaphake,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Dekker called the meeting to order at 7:30 p.m.
PUBLIC COMMENT:
A Noon Rotary Member announced the 1998 Duck Fest Event which
will begin with the “Waddle off”3/19 at 5:30 p.m.at the Holiday
Inn.The Duck Race is scheduled 5/2,and the Club anticipates
surpassing the 1/4 Million Dollar mark this year.Everyone was
encouraged to attend.
Patrick Cipolla responded to Trustee Baudek’s previous comments
made during a Town Board meeting.In Mr.Cipolla’s opinion,the
1%growth limit will not take away property rights.Relative to
property rights,Mr.Cipolla questioned a recent proposal for the
Bob’s Amoco property that was denied by the Board of Adjustment.
TOWN BOARD COMMENTS:
None.
CONSENT CALENDAR:
1.Town Board Minutes dated February 24,1998.
2.Bills.
3.Committee Minutes:
A.Public Works,February 26,1998 —Approval of budget
expenditures:
Vehicle purchase (Street Dept.and Water)
2.Van Horn Engineering Scope of Services/Manford
Ave.Sidewalk-Baldwin Park Boardwalk.
3.Highway 36 Traffic Counter.
4.Garage Door Operators.
Board of Trustees -March 10,1998 -Page 2
5.Municipal Building Roof.
6.1998 Water Dept.Loop Project Design and
Construction Management/BMC Scope of Services.
B.Community Development,March 5,1998:
1.Authorize Special Events Director Hinze to
negotiate a design/build agreement with an
electrical contractor.
C.Planning Commission,February 17,1998 (acknowledgment
only).
D.Board of Adjustment,March 3,1998 (acknowledgment
only).
4.Amended Plat of Lots 7 and 8,The Reserve,First Filing,
Charles and Gail Banning/Applicants.This plat is being
withdrawn;the Applicant must request future placement on
the Town Board agenda.
5.Amended Plat of Grey Fox Estates at Cedar Ridge,First andSecondFiling,Richard and Ann Barlow.This plat is being
withdrawn;the Applicant must request future placement on
the Town Board agenda.
6.Special Use Permit between Rocky Mountain National Park and
Town/Fire Dept.(structural fire protection)—Public
Safety,February 19,1998.
It was moved and seconded (Doylen/Hix)the consent calendar beapproved,and it passed unanimously.
ACTION ITEMS:
1,1%Limited Growth for Residential Dwelling Units.Mayor
Dekker read a “Joint Statement of Position”opposing the 1%
limited growth ballot proposition.The joint statement was
executed by the Board of Trustees and Larimer County
Commissioners.Comments were heard from each Trustee:Hix—
opposes the proposal as he believes the Trustees have been
good stewards,he is encouraged with the appointment of the
new Planning Commission and would like the new Comp Plan
completed within a year or so.Baudek—encouraged everyone
to think of all implications both positive and negative,
passage could have a big impact to the Town,he personally
believes the negatives outweigh the positives.Doylen—
opposes the proposal as it primarily escalates property
values (cited Boulder whose economy has been slipping since
their growth initiative),there is a need for diversity in
the community.Barker—opposes the proposal as he believes
the Comp Plan is an attempt to find middle ground,and
disagrees that limited growth is not taking away property
rights.Pauley—the limited growth would encourage sprawl
into the adjoining County,it would have a negative impact
to RNNP,it is a denial of property rights as a property
owner may have to wait to get a building permit,and itdiscouragesaffordablehousing(major issue).Marshall—
passage would have a terrible impact on the service people
in the Valley,and employers are now recruiting service
people internationally,and in a recent discussion,he was
Board of Trustees -March 10,1998 -Page 3
advised that Longmont raised property values $5,000 with the
recent Boulder growth limit.
Clerk O’Connor read a letter opposing the growth limit dated
March 8,1998 written by resident Randy Jones.Patrick
Cipolla,proponent of the limited growth issue commented on:
urban sprawl,property rights,Comp Plan (will have urban
sprawl regardless),if people inside city limits vote yes,
County residents will follow;he submitted the petition with
signatures including a proposed ballot question (which was
used in other municipalities),and the Town disregarded the
ballot question completely.Citing 1-40—106,the Town Board
had an obligation to determine the petitioner’s intention.
He had prepared a 9—page implementation plan that he offered
to the Clerk and he has not been contacted by any Board
member.In Mr.Cipolla’s opinion,the Town has an unlimited
growth plan and lots of people are concerned with this.
Enda Kiley commented that it was very discouraging that no
one has a good word to say.She will be voting yes because
it is a step in the right direction for quality of life.
Everyone is a share holder and they need to speak out and
say there needs to be a better balance between development
and open space for wildlife,etc.
Steve McFarland/CBA President,read a 5—point Resolution
which has been adopted by the CRA Board opposing the
proposition:1)it is an erroneous assumption that support
will control growth,it only addresses supply not demand;2)
it is an outmoded thought on urban planning;3)it will
directly cause an increase in the cost of services;4)it
will contribute to automobile traffic &parking problems;
and 5)it will penalize buffer zones,as it will push
boundaries to PNNP,adding pressure to wildlife.The CRA is
urging everyone to vote no as the initiative is a step in
the wrong direction.
Eric Blackhurst/Forward Estes Park Foundation—the Foundation
strongly opposes the proposal as it is an ill conceived and
poorly planned initiative,in fact,the proponent is already
trying to amend it.The intent was clear——to limit growth
on residential units to 1%.
Ross Brown opposes the initiative based on qualify of life.
He has attended many Town Board meetings and the Board has
always given the people an opportunity to be heard.The
Board has a method in place to control growth,and he
commended Town staff,the Planning Commission,and the Town
Board.
Patrick Cipolla added that amendments would not have been
necessary if the Town Board would have talked to him in
October;his proposal is not ill conceived;land prices do
not rise pursuant to limited growth,they rise in accordance
with inflation.Mr.Cipolla is bringing a planner from
Golden to Estes Park on March 20th to explain and satisfy
claims that have been made.
Mayor Dekker expressed the Board’s appreciation for all
comments expressed on this issue.
1.Virginia Drive Right-of-Way Deed of Dedication Vacation and
Ordinance #5-98.A.Public Works Director Linnane briefed
the Trustees on this request for the Town to vacate a
Board of Trustäes -March 10,1998 -.Page 4
portion of Virginia Dr.in return for a dedication of aportionofthepropertyforapublicstreet.Town AttorneyWhitepreparedtheDeedofDedicationandAgreement.It wasmovedandseconded(Marshall/Hix)the Deed of.Dedication andAgreementbeapproved,and it passed unanimously.
B.Attorney White read the Ordinance vacating a portion ofVirginiaDrive,and it was moved and seconded (Hix/Baudek)Ordinance #5-98 be approved,and it passed unanimously.
3.Ranch Meadow Utility Easement Vacation,Ordinance #6-98.Public Works Director Linnane reported on a request for theTowntovacatethewesterly1.0’of an existing 20’utilityeasementforLot26astheeasterlyunitofthecondominium(garage)was constructed into the easement.Town AttorneyWhitereadtheOrdinance,and it was moved and seconded(Doylen/Hix)Ordinance #6-98 vacating a portion of theutilityeasementofRanchMeadowSubdivisionbeapproved.Trustee Baudek coimnented that the Town Board may one day say“no”to such easement vacations,and forewarned contractorsandpropertyownerstorefrainfrombuildinginexistingeasements.The motion passed unanimously.
4.mended Plat of Lot 1,Hartland Subdivision,a Replat of Lot7,S.St.Vram Addition and Lot 1,Esquire AcresSubdivisionofLot8,S.St.Vram Addn.,John and SusanBaptista/Applicants.This plat is being withdrawn;theApplicantmustrequestfutureplacementonfutureTownBoardagenda.
5.Special Review #98-02,Mountain Man Subdivision,Total GasandStingers,Windy City LLP/Applicant.Mayor Dekker openedthepublichearing.Sr.Planner Joseph outlined thedevelopmentplanrequestinganoutdooreatingareainacommercialzone.Use of outdoor tables is allowed bySpecialReview.The owner is proposing outdoor eating areasontwotablesontheeastside,and four on the west side ofthebuilding.Subsequently,the Applicant is beingrequestedtocomplywithexistingCoderegulationsthatdonotallowoutdoordisplayofsaleitems.Trustee Doylennotedthataplanterisonthewestsideofthesite,andquestionedwhatwasontheeasttodefinetheseatingareaandthethrough—way for the gas station.Staff could notrespond.There being no public testimony,Mayor Dekkerclosedthepublichearing.It was moved and seconded(Doylen/Hix)Special Review #98-02,Mountain ManSubdivision,Total Gas and Stingers be approved,includingthePlanningCommissionconditionsrestrictingtheoutdooreatingareatothatdefinedontheDevelopmentPlan,andcompliancewiththeCoderelatingtooutdoordisplayofsalesitems,and a concern that the east side area be betterdefined,and it passed unanimously.
6.A.Resolution #3-98 Setting Public Hearing for New Beer andWineLiquorLicenseApplicationfiledbySweetBasilCafé,Inc.,401 E.Elkhorn Ave.It was moved and seconded(Marshall/Hix)Resolution #3-98,which was read by AttorneyWhite,be approved,and it passed unanimously.
B.Transfer of Ownership from Timberline Steakliouse &Lounge/Kenneth E.Nelson,to Phillips Management Systems,Inc.,dba TIMBERLINE FAMILY RESTAURANT,INC.451 S.St.Vram Ave.,Tavern Liquor License.The Clerk confirmed that
Board of Trustees -March 10,1998 -Page 5
the application is complete.Tim Phillips commented on his
restaurant experience,and reported that he has inquired
about Liquor T.I.P.S.training and he and his staff will be
attending class.Trustee Baudek noted that the Board and
Police Dept.take liquor licensing very seriously,and
cautioned the applicant to adhere to liquor laws.It was
moved and seconded (Hix/Doylen)the Transfer of Ownership to
Phillips Management Systems,Inc.be approved,and it passed
unanimously.The Board expressed their best wishes to Mr.
and Mrs.Phillips on this new venture.
C.Transfer of Ownership from Don R.and Marg Spomer,to
Don R.,Marg,and Darcy A.Spomer,dba SPUR 66 LIQUOR,900
Moraine Ave.Clerk O’Connor confirmed that the application
is complete,and it was moved and seconded (Doylen/Marshall)
the Transfer of Ownership to Don,Marg and Darcy Spomer be
approved,and it passed unanimously.
7.Resolution #4-98 Lowering the assessment for participants in
the Park Entrance Estates SID.#95-1.Finance Officer
Vavra reviewed high points of this Resolution.Staff is
proposing that Section 6 be revised to re—calculate the
interest percentage to avoid a fund balance.The interest
rate will be no lower than 5.99%.Staff has contacted the
Bond Holder and he has verbally agreed to a lower interest
rate,however,the re-calculation must be formally presented
to him.The total amount of refund is $63,735.It was
moved and seconded (Pauley/Marshall)Resolution #4-98 be
approved,including revision of Section 6 pertaining to the
interest rate,and it passed unanimously.
8.Town Administrator’s Report:
A.Stanley Hall Preservation Project,Phase I -Selection
of Electrical Contractor.In a memorandum dated March
5,1998,Project Officer Anderson briefed the Trustees
on the electrical wiring portion of the Project.Based
on qualifications,depth of institutional experience,
and interview,staff is recommending Estes Valley
Electric,Inc.be retained for the electrical work on
Stanley Hall.A Time and Material contract is also
being recommended.The total value of the allocated
portion of the grant will not be exceeded,and the work
is estimated at $100,000,including engineering,
electrical work and design of the theater lighting
system.It was moved and seconded (Marshall/Baudek)
Estes Valley Electric,Inc.be selected as the
electrical contractor,and it passed unanimously.
It was moved and seconded (Hix/Pauley)the Town Board enter
Executive Session to discuss personnel issues as requested by
Administrator Kiaphake,and it passed unanimously.
Following completion of all agenda ,tems,Mayor Dekker adjourned
the meeting to Executive Session at/8.34 p.m.
Ro ert L.Dekker,Mayor
Vickie O’Connor,Town Clerk