HomeMy WebLinkAboutMINUTES Town Board 2001-10-09Town of Estes Park,Larimer County,Colorado,October 9,2001
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 9th day of October,2001.
Meeting called to order by Mayor John Baudek.
Present:John Baudek,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
Stephen W.Gillette
David Habecker
Lori Jeffrey-Clark
G.Wayne Newsom
Also Present:Rich Widmer,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Baudek called the meeting to order at 7:00 p.m.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
None.
1.CONSENT AGENDA (Approval ofi:
1.Town Board Minutes dated September 25,2001.
2.Bills.
3.Committee Minutes:
A.Community Development,September 27,2001:
Special Events Dept.:
1.2001-2002 Rooftop Rodeo Committee Members.
2.Grandstand Furniture Replacement Purchase,$6,000+shipping.
B.Public Safety,October 4,2001:
Police Dept.:
1.Wiest Dr.Street Closure 10/10/01 —Fundraising Event.Chief
Richardson clarified that event representatives have amended
their request to 10118101.
2.Elkhorn Ave.(downtown)Street Closure —Halloween Festivities.
4.Estes Valley Board of Adjustment,October 2,2001 (acknowledgement only).
5.Estes Valley Planning Commission:Special Meeting September 17,2001,
and Regular Meeting September 18,2001 (acknowledgement only).
Board of Trustees —October 9,2001 -Page 2
6.Ordinance #15-01 —Amending the EVDC to Rezone Park River West (Town
Board held Public Hearing 9/18/01).
It was moved and seconded (Doylen/Gillette)the consent agenda be approved,and
it passed unanimously.
IA.PLANNING COMMISSION CONSENT AGENDA (Approval ofl:
Mayor Baudek stated that if the Town Board,Applicant(s),Staff or the Public wish
to speak on any of the following items,a formal Public Hearing would be
conducted as follows:
A.Mayor —Open Public Hearing
B.Staff Report
C.Public Testimony
D.Mayor —Close Public Hearing
E.Motion to Approve/Deny
1.PRELIMINARY CONDOMINIUM MAP.Tract 14,Beaver Point,
Second Addition,James M.Whifflesey/Lazy R Collages/Applicant.
2.SUBDIVISION.Amended Plat of Part of Lots 1,2,15 &17,Block 10,
Second Amended Plat of the Town of Estes Park,to be known as
EPCO Subdivision,EPCO,Inc./Applicants —APPLICANT
REQUESTED CONTINUATION TO NOVEMBER 13,2001.
As there was no public testimony,it was moved and seconded (Newsom/Jeffrey
Clark)Item #1 be approved,and Item #2 be continued to November 13,2001,and it
passed unanimously.
2.ACTION ITEMS:
1.AUDIT (Year Ending 12131100).Finance Officer Brandjord presented the Audit
for the Fiscal Year Ended December 31,2000,in accordance with general
accounting procedures.It was moved and seconded (Gilleffe/Doylen)the
Audit be accepted,and it passed unanimously.
2.RESOLUTION #41-01 —INTRODUCTION OF PRELIMINARY 2002 BUDGET.
Finance Officer Brandjord introduced said Resolution,announcinthat the public
hearing for adoption of the 2002 Budget will be held November 13 .Public Town
Board Budget Study Sessions are planned 10/15 and 10/18 from 3:30-5:30 p.m.
It was moved and seconded (Newsom/Barker)Resolution #41-01 be
approved,and it passed unanimously.
3.ESTES PARK URBAN RENEWAL AUTHORITY:(1)INTERGOVERNMENTAL
AGREEMENT (IGA)FOR LAND TRANSFER.&(2)MEMORANDUM OF
UNDERSTANDING (MOU)FOR FUND TRANSFER —BOTH AGREEMENTS
BETWEEN EPURA AND THE TOWN.Town Attorney White outlined the IGA
where the Town has agreed to make the three remaining payments on the Knoll
Property,and the official land transfer of Lots 1 and 3,Stanley Knoll Subdivision,
and the MOU authorizing the transfer of certain funds from the Light &Power
Enterprise Fund to EPURA.EPURA will reimburse these funds upon the sale of
the Bob’s Amoco parcel to a new user on or before 12/31/02.It was moved and
seconded (Habecker/Gillelle)the Intergovernmental Agreement and
Memorandum of Understanding between EPURA and the Town be
approved,and it passed unanimously.
Board of Trustees —October 9,2001 -Page 3
4.REZONING &FINAL PLAT FOR THE HABITAT SUBDIVISION,A PORTION
OF LOT 33,BONNIE BRAE SUBDIVISION,HABITAT FOR HUMANITY OF
ESTES VALLEY/APPLICANT.Mayor Baudek opened the public hearing.
Community Development Dir.Joseph presented the Staff Report,noting that the
Town Board previously approved the Final Plat,however,the need for a rezoning
hearing was overlooked,thus this item must be revisited.The rezoning request
is from R-2 to R-1 to create four 6-7,000 sq.ft.single-family lots restricted for
attainable housing.The required deed restriction assures the availability of the
units for sale or rent to persons meeting the income guidelines for no less than
20 years.The Planning Commission recommended approval.Bill Van Horn,
Habitat Representative,stated that considerable discussion was held at the
Planning Commission,however,the land use “stands on its own merit.”Town
Attorney White read Ordinance #13-01 zoning the property R-1 Single-Family
Residential Zoning.The Ordinance includes an emergency clause.There was
no additional testimony,thus Mayor Baudek closed the public hearing,and it was
moved and seconded (Newsom/Gillefte)Ordinance #13-01 be approved and
the Final Plat be reaffirmed,and it passed unanimously.
5.LIQUOR SHOW CAUSE HEARING —(1)APPROVAL OF STIPULATION
AGREEMENT &(2)FINDINGS AND ORDER OF SUSPENSION FOR DEER
RIDGE,INC.,dba NATIONAL PARK VILLAGE SOUTH (COUNTRY SUPER
MARKET).Police Chief Richardson reported that following a meeting with the
Licensee,staff prepared and executed a Stipulation Agreement.In the
Agreement,staff is recommending a standard 21-day suspension of the 3.2%
Retail Beer License,with the actual time served of 7 days from 12:01 a.m.
Thursday,October 1jth through 11:59 p.m.Wednesday,October 17th The
remaining 14 days will be held in abeyance for one year from the date of the
“Findings and Order of Suspension.”It was moved and seconded
(Gillette/Doylen)the following be approved:(1)Stipulation Agreement,and
(2)the Findings and Order of Suspension,and it passed unanimously.
6.BOARD ROOM REMODELING PROJECT -AUTHORIZATION TO PROCEED
WITH DESIGN.As noted at the September 1 1Di Town Board meeting,this item
was returned for consideration.Town Administrator Widmer advised that Chief
Richardson,Judge Brown and he met and,with minor floor changes,an official
Court space has been provided in the Police Dept.Randy DeMario/Heath Const.
presented the final preliminary cost estimate of $766,310.Trustee Doylen
questioned whether the benefit from Heath mobilizing with the Library Project
remains in place,and Mr.DeMario confirmed that the Town is realizing a savings
of approximately $25,000.Mayor Baudek was assured that the $766,310 cost
was firm,pending any change orders initiated by the Town.Should the final
GMP be significantly increased,the Town would have the ability to amend the
project.Trustee Habecker stated that the cost figures do not appear out of line.
Roger Thorp stated that the $766,310 figure is only for the Board Room remodel,
and that he is seeking a decision on the additional Police Dept.minor remodel.
Judge Brown commented on the staff meeting that addresses his security,and
records storage concerns.Trustee Doylen added that the existing room does not
meet audio-visual needs of the physical audience and television audience,and
there is poor ventilation,and sound.George Hockman questioned the future use
of the existing Board Room and Administrator Widmer responded that the room
could be used as a training/meeting room and perhaps future office space.It
was moved and seconded (Gillette/Jeffrey-Clark)the Town proceed with the
Town Board Remodeling Project for a Preliminary Guaranteed Maximum
Price of $766,310,with the architect’s fee for the Squad Room design to be
obtained and submitted to the Town Board for further consideration,and it
passed unanimously.
7.STANLEY PARK QUIET TITLE —UPDATE.Town Attorney White stated that all
Larimer County civil filings are being reviewed and categorized into basic,
Board of Trustees —October 9,2001 -Page 4
medium and complex cases.This action was necessitated due to retirement of
Judge Sullivan and appointment of three judges.The Town’s case could fall into
the basic and complex categories,and the Court will make the final decision
8.TOWN ADMINISTRATOR’S REPORT.
A.Staff and Trustees have completed ,4 of the presentations for the Ice
Rink/Events Center.A total of 18 presentations have been planned and
reception is generally very positive.Mail ballots will be mailed next week.
Trustee Barker confirmed that this is an EVRPD Mail Ballot Issue and
everyone within the EVRPD boundary is eligible.
9.REQUEST TO ENTER EXECUTIVE SESSION:
Section 24-6-402(4)(B),C.R.S.—Conference with Town Attorney White for
the purpose of receiving legal advice on two specific legal questions as
follows:(1)Fall River Estates Lawsuit,and (2)Larry &Donna Coulson vs.
Estes Valley Board of Adjustment,(3)Potential Litigation,and (4)24-6-402-
(4)(E)Instructing Negotiators.It was moved and seconded (Doylen/Gillefte)
the Town Board enter Executive Session for a conference with Town
Attorney White for the purpose of receiving legal advice on items 14
listed above,under C.R.S.Section 24-6-402-f4)(B),and C.R.S.Section
24-6402(4)(E),and it passed unanimously.
Following completion of all agenda items,Mayor Baudek adjourned the meeting at 7:46
p.m.,to enter Executive Session,declaring a 5-minute recess.
Mayor Baudek reconvened the Board and adjourned the meeting at 8:59 p.m.
QL &L
n Baudek,Mayor
Vickie O’Connor,Town Clerk