HomeMy WebLinkAboutMINUTES Town Board 1998-12-087 Town of Estes Park,Larimer County,Colorado,December 8,1 998
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 8th day of December,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
Lori Jeffrey
William J.Marshall
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Mayor Dekker called the meeting to order at 7:31 p.m.
PUBLIC COMMENT:
George Hockman,1625 Prospect Estates Dr.,stated that concerned
citizens are often being excluded from public discussion prior to
the Town Board making decisions.The Town Board appears to be
making decisions and commitment for expenditures in secret;when
the public is made aware,the commitment and expenditures are
already determined.In his opinion,the rational for secrecy for
property acquisition,etc.are appropriate for private
corporations,but not for this governmental entity,even if the
end result is a “better deal”.Mr.Hockman listed the Masonic
Lodge project as an example,and he stated that moving the Lodge
to Stanley Park is inappropriate and possibly illegal.Mr.
Hockman encouraged public comment for projects,reiterating that
there is no public input prior to decisions.
TOWN BOARD COMMENTS:
Mayor Dekker announced that he recently signed a proclamation
proclaiming December 9th as “George Hix Day”,recognizing his
formal retirement from the United Valley Bank.Mayor Dekker
acknowledged Mr.Hix’many accomplishments and contributions to
the community.
CONSENT CALENDAR:
1.Town Board Minutes dated November 24,1998.
2.Bills.
3.Committee Minutes:
A.Public Safety,December 3,1998:
1.Revised Intergovernmental Agreement w/Larimer
Emergency Telephone Authority -Approval.
B.Planning Commission,November 17,1998 (acknowledgment
only).
Board of Trustees -December 8,1998 -Page 2
C.Board of Adjustment,December 1,1998 (acknowledgment
only).
It was moved and seconded (Hix/Doylen)the Consent Calendar be
approved,and it passed unanimously.
ACTION ITEMS:
1.Ordinance #25-98 -Amending Title 17 by Providing for a
Moratorium on Certain uses and Developments of Land within
the C-D and C-O Zoning Districts,pending consideration of
Amendments to Title 17.Mayor Dekker declared a conflict of
interest,stated he would not participate in discussion nor
vote,and conveyed the gavel to Mayor ProTem Doylen.Mayor
ProTem Doylen opened the public hearing,and Town Attorney
White read the Ordinance placing a moratorium on certain
uses and developments of land within the C-D and C-C Zoning
Districts.
Correspondence in opposition to the moratorium was
acknowledged from:the Estes Park Board of Realtors
containing 37 signatures,Carolyn Scott/Bridgeport Real
Estate,Eric Blackhurst,and Van Horn Engineering and
Surveying.
Trustee comments:Trustee Jeffrey shared her research on
moratoriums,particularly the definition for moratoriums on
development:a local law ordinance that will suspend the
right of property owners to obtain development approvals
while the community takes time to consider the draft and
adoption of a Land Use Plan.The purpose of a moratorium is
to preserve status quo,and it prevents property owners and
developers from rushing to complete developments.It can be
considered an implied power,also referred to as police
power;extreme land use action suspends completely the
rights of owners to use their property.It must be
reasonable or the community may run the risk of being
challenged.Caution should be exercised when adopting a
moratorium on development.Trustee Baudek read a statement
that in sunimary offered background information on the
development of the Comprehensive Plan and subsequent
Development Code by the Town of Estes Park and Larimer
County,and his reasoning behind his moratorium proposal—
i.e.,a mandate from the citizens of our community to adopt
a Development Code that will result in a future population
in the valley that is recommended in the Comprehensive Plan.
As the Town and County adopted it,the Comp Plan set a
projected population goal,through zoning changes,for the
valley of approximately 22,000 but to accomplish this there
must then be some changes in zoning,or the future growth
will remain at the projected 32,000.As he proposed the
moratorium,the citizens,Town Board,and staff will have
time to consider the implications of what is being proposed.
The proposal does not prohibit apartments and condominiums;
for now,it prohibits building apartments and condominiums
on valuable commercial property that may well be needed for
the future needs of the community.Town Attorney White
noted that he and staff reviewed the Comp Plan and
Development Code draft and set uses by right or special
review.Community Development Director Stamey confirmed
that there have been a number of commercial properties that
have been developed for
Board of Trustees -December 8,1998 -Page 3
residential use.Recently,the Town Board reviewed such a
rezoning that resulted in a compromise,allowing two of the
three lots to be rezoned.Also,the Town Board decreed that
the aforementioned rezoning request was “in the system”and
the developer could proceed as submitted.Attorney White
confirmed that the moratorium would restrict only those
properties within Town limits.A map was displayed
illustrating commercial properties having frontage on an
arterial street that could be converted from commercial to
residential.The property owners’intent for these
properties is unknown,however,the properties do have
potential for redevelopment or development.With those
assumptions,12 parcels (160 ac.)could be converted.
Public testimony was heard from:Eric Blackhurst,who read
from a prepared statement,and in summary,urged the Town
Board to vote “no”on the moratorium.Ralph Nicklaus spoke
in favor of the moratorium,expressing his appreciation to
Trustee Baudek,and adding that the ordinance could have
been more restrictive;he is strongly in favor of the
moratorium and urged it be adopted.Ross Brown urged the
Town Board vote against the moratorium stating that it was
ill—advised to wait for six months for completion of the
Comp Plan,the Town has a very effective planning staff and
Planning Commission--let them do their job.Bill Van Horn
stated his opposition to the ordinance based on the
possibility of transferring certain uses to a “CH”zone
which does not currently exist,opinion of the best use of
property,current clients that are not vested and subject to
the new moratorium which is cause for concern due to the
lack of reasonableness.Robert Fey who owns property in the
Estes Valley which is for sale,urged the Board to protect
his land value and not decrease it by an ill—advised
moratorium.Gerald Mayo commented that change is
inevitable,and he expressed concern with the taking of
property rights,and urged the Board to vote “no”.Cherie
Pettyjohn stated that when the Comp Plan was adopted,
citizens were advised that “it was just a plan”,and all
existing zoning would be in effect until the Plan codified,
public hearings were held,and all could vote—this schedule
should be allowed to happen,and the moratorium should not
take place.Citizens are concerned with the Development
Code —all entities and the public need to have discussion.
Alan Aspinall commented on the lack of commercial property
development,supply and demand in the housing market,and
protection of service people in the Valley.Jim Rogers
urged denial of the ordinance based on property rights.
There being no further public testimony,Mayor ProTem Doylen
closed the public hearing.
Trustee Baudek commented on the lack of public support,
clarified that his previous motion was to restrict the CO
not CD zone,staff did a good job in preparing the
ordinance,and cautioned the Trustees that there will be
difficult decisions to make in the near future.Trustees
Jeffrey,Barker and Hix noted their opposition to the
ordinance.Mayor ProTem Doylen expressed her appreciation
to Trustee Baudek for his similar concern with the eroding
commercial base,adding that she was very concerned with the
word moratorium and the subsequent ramifications.Following
conclusion of all discussion,it was moved and seconded
(Barker/Marshall)Ordinance #25-98 providing for a
moratorium on certain uses and developments of land with the
Board of Trustees -December 8,1998 -Page 4
C-D and C-O zoning districts be denied,and it passed
unanimously.
Attorney White confirmed that drafting of the Land Use Code
has been a unique process,and such a Code has never been
accomplished in the State of Colorado.The Development
Code,which involves Larimer County,has been a complicated
process;the EVPC has been conducting meetings,and,while
public comment is not heard at these particular meetings,
the EVPC’s discussions are useful to all citizens in
attendance.Trustee Hix offered his appreciation to the
audience for their comments,and Mayor ProTem Doylen thanked
Attorney White for his efforts on the Development Code.
Mayor Dekker resumed his position on the Board,and thanked
the audience for their comments.
2.Post Award Public Hearing/Senior Center Remodeling Project.
Mayor Dekker opened the public hearing,and Town
Administrator Widmer reported that the purpose of the public
hearing is to allow citizens an opportunity to review and
comment on the performance of the Town in carrying out the
Senior Center kitchen equipment and finishes construction,a
portion of which was financed with federal Community
Development Block Grant funds.Al Sager commented on the
lack of sound control in all three rooms (acoustic control
is needed),and raised hearth in both rooms (prefers floor
level).Trustee Marshall confirmed that the Center is
taking bids to eliminate the noise,and will try to add
buffers for the hearth.There being no further testimony,
Mayor Dekker closed the public hearing.No further action
was taken.
3.T.A.B.O.R.Agreements (Standard Renewals).Town
Administrator Widmer reviewed the standard list of
T.A.B.O.R.Agreements for budget year 1999,Citing a
potential conflict of interest,Trustee Hix stated he would
not participate in discussion nor vote.It was moved and
seconded (Marshall/Jeffrey)the T.A.B.O.R.Agreements be
approved for 1999,and it passed with Trustee Hix
Abstaining.
4.Ordinance #26-98 -Establishment of Senior Center Advisory
Board.Town Attorney White advised that this ordinance
officially establishes the Senior Center Advisory Board and
how said Board will operate.Attorney White read the
ordinance,and it was moved and seconded (Hix/Jeffrey)
Ordinance #26-98 be approved,and it passed unanimously.
5.Appointments/Re-appointments:
A.Estes Park Senior Center Advisory Board:1999
Officers:Richard Lange/President,Bill Marshall/V.
President,Mary Ella Pearson,Secretary,
(Treasurer/vacant),Mary Lou Faiella/Past President,3—
yr.Director/Lois Chase,term expires 12/00,2—yr.
Director/vacant,term expires 12/99,1—yr.
Director/Barbara George,term expires 12/99,Ross Moor
and Don Tebow/2—yr.term (Lifetime Directors.It was
moved and seconded (Marshall/Barker).the names listed
above be appointed to the Estes Park Senior Center
Advisory Board,and it passed unanimously.
B.Estes Valley Planning Conimission (EVPC):Cherie
Pettyjohn,four—year term expiring 12/31/02 —
Board of Trustees -December 8,1998 -Page 5
Reappointment.It was moved and seconded (Hix/Doylen)
Ms.Pettyjohn’s appointment to the EVPC be approved,
and it passed unanimously.
C.Museum Advisory Board:Susan Harris,4-yr.term
expiring 1/01/2003 —Reappointment.Jackie Johnson,4—
yr.term expiring 1/01/2003 —Appointment.It was
moved and seconded (Doylen/Hix)Ms..Harris and Ms.
Johnson be appointed to the Museum Advisory Board,and
it passed unanimously.
D.Stanley Hall Advisory Board:Polly Gunn,Jo Hazlitt,
Sandy Lerner,Bennett Penn,Tim Phillips,Bob Pratti
(new appointment),and Greg Steiner.It was moved and
seconded (Baudek/Hix)the names listed above be
appointed to the Stanley Hall Advisory Board,and it
passed unanimously.
6.Liquor Licensing:
A.Transfer of Ownership from Big Horn,Inc.fRicciardi)
to Big Horn Restaurant,Inc.(Brown),Beer &Wine
Liquor License,401 W.Elkhorn Ave.Clerk O’Connor
confirmed the application was in order,and it was
moved and seconded (Doylen/Jeffrey)the Transfer of
Ownership to Big Horn Restaurant,Inc.be approved,and
it passed unanimously.
B.1999 Special Event Permits filed by the Art Center of
Estes Park,Inc.,for public receptions scheduled 1/15,
2/26,4/9,5/7,6/11,7/16,8/27,10/8,11/19.It was
moved and seconded (Doylen/Jeffrey)the Special Event
Permit for the Art Center of Estes Park,Inc.be
approved,and it passed unanimously.
7.Intergovernmental Agreement (IGA)for Exchange of Services
or Resources between Berthoud,Eaton,Evans,Greeley,
Johnstown,Kersey,Loveland,Milliken,Timnath,Wellington,
Windsor,Larimer County and Weld County.Town Administrator
Widmer announced that the Northern Colorado Regional Cities
have opted to formalize the cooperative approach of sharing
services and resources that had been used informally in the
past with an official IGA.This effort reflects a desire to
move the regional relationships and discussions beyond the
focus of land use planning and represents another step in
the implementation of the Northern Colorado Regional
Planning Study that was adopted in the Spring of 1995.With
the IGA,managers of the participating cities may request
services or resources from other participating cities.If
the responding entity agrees,-the manager may assign staff
or provide the resources mutually agreed upon.Cost
reimbursements are left to the discretion of the responding
entity.The IGA is a one-year agreement with successive
periods unless terminated by any party.It was moved and
seconded (Marshall/Doylen)the Mayor be authorized to
execute the IGA as defined above.Staff clarified that the
IGA covers many items;emergency situations are managed
under emergency Mutual Aide Agreements.The motion passed
unanimously.
8.Town Administrator’s Report:
A.Assistant Town Administrator Position.Town
Administrator Widmer announced that Randy Repola will
be promoted to the Assistant Town Administrator’s
position,and his title will be Assistant Town
Administrator/Chief of Public Safety.Administrator
Widmer defined Repola’s job responsibilities;the
Board of Trustees -December 8,1998 -Page 6
•promotion is effective 12/28/98.Captain Filsinger
will be promoted to Deputy Chief of Police and the•Lieutenant’s position will be filled,and this employee
will serve as Filsinger’s assistant.
B.Town Board Meeting Time Discussion followed on
changing the Town Board meeting time from 7:30 p.m.to
7:00 p.m.The majority of other entities meet at 7:00
p.m.,and the half-hour time change tends to confuse
the public.Trustee Doylen moved the Board maintain
its 7:30 p.m.meeting time.The motion failed for lack
of a second.Consensus was reached to change the
meeting time to 7:00 p.m.effective January 12,1999.
Trustee Barker requested George Hockman clarify his statements
relative to Executive Sessions,private sessions,etc.Mr.
Hockman stated that,during his public comments at the beginning
of the meeting,he was not inferring that the Town Board is
conducting illegal meetings.Mayor Dekker confirmed that the
Town Attorney takes very seriously the Board’s commitment to the
Open Meetings Law.Said law is very clear on exactly which items
may be discussed during Executive Sessions,and the Town Board
adheres to the law.
Trustee Baudek noted that on behalf of the Mayor and.Trustees,he
wished the residents of Estes Park a Merry Christmas and Happy
Holiday.A heartfelt thanks was expressed to Town employees.
It was moved and seconded fHix/Jeffrey)the Board enter Executive
Session to discuss property negotiations,personnel and contract
negotiations,and it passed unanimously.
Following completion of all agenda items,Mayor Dekker stated
that due to the holiday season,the December 22,1998 Town Board
meeting has been canceled.
Mayor Dekker adjourned the meeting at 9:21 p.m.to Executive
Session.
Vickie O’Connor,Town Clerk
fl