HomeMy WebLinkAboutMINUTES Town Board 2001-09-18 Rescheduled from 2001-09-11Town of Estes Park,Larimer County,Colorado,September 1 8,2001
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 18th day of September,
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
Rebecca van Deutekom,Deputy Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Baudek called the meeting to order at 7:00 p.m.and read Resolution 38-01
condemning the brutal terrorist attacks on the United States that occurred September
11,2001.The Mayor and Board of Trustees support the President of the United
States to defend against additional attacks and recommend that its citizens support
relief efforts in any way appropriate.It was moved and seconded (Gilleffe/Doylen)
Resolution 38-01 be approved as presented,and it passed unanimously.
PUBLIC COMMENT
None.
TOWN BOARD COMMENTS
Trustee Habecker noted that the Good Samaritan Project received a tie vote at the
Planning Commission meeting held earlier in the day and,in response to a recent
letter printed in the Trail Gazette regarding local government,he explained that
citizens are invited and encouraged to attend meetings and interact with local
government during these forums.Trustee Habecker also commented on the situation
in New York.
Mayor Baudek invited citizens to attend an Estes Valley Transportation Alternatives
Study Open House scheduled September 25,2001 from 4:00-7:00 p.m.in Room 201-
203 of the Municipal Building to review peak season transportation data.
1.CONSENT AGENDA (Approval of):
1.Town Board Minutes dated August 28,2001.
2.Bills.
3.Committee Minutes:
A.Public Safety Committee,September 6,2001:
1.Resolution #35-0 1 —Telephone Exchange/Wireless
Communications Access Charges,effective January 1,2002.
Board of Trustees —September 18,2001 -Page 2
4.Estes Park Housing Authority,July 11,2001 (acknowledgement only).
5.Estes Valley Board of Adjustment,September 11,2001 (acknowledgement
only).
6.Estes Valley Planning Commission,August 21,2001 (acknowledgement
only).
7.Liquor Licensing:Official receipt of Complaint issued by the Police
Department to Deer Ridge,Inc.,dba National Park Village South
(COUNTRY SUPERMARKET),900 Moraine Ave.Resolution #37-01 —
Schedule “Show Cause”Hearing for October 9,2001.
8.Resolution #36-01 —Cafeteria Plan Certificate of Adoption (Formalization of
previously approved Plan).
It was moved and seconded (Newsom/Gillefte)the Consent Agenda be approved,
and it passed unanimously.
IA.PLANNING COMMISSION CONSENT AGENDA (Approval of):
Mayor Baudek noted that a public hearing would be conducted on the following
items if the Town Board,Applicants,Staff or Public wished to speak.
1.SUBDIVISION &ACCESS EASEMENT VACATION.Amended Plat of Lot 3,
Rock Acres Subdivision,John Ownby,Jr.&Deborah Ownby
McCarty/Applicants (Continued from August 14,2001)—WITHDRAWN BY
APPLICANT.
2.SUBDIVISION.Final Plat,Habitat Subdivision for a Portion of Lot 33,Bonnie
Brae Subdivision,Habitat for Humanity of Estes Valley,Inc./Applicant.
As there were no persons wishing to speak on the above items,it was moved and
seconded (Habecker/Gillette)the Planning Commission Consent Agenda be
approved,and it passed unanimously.
2.ACTION ITEMS:
1.REZONING,PRELIMINARY PLAT AND FINAL PLAT —PARK RIVER
WEST,TRACT 5,BEAVER POINT,FIRST ADDITION,RICHARD H.WILLE
TRUSTIAPPLICANT -APPROVAL.Mayor Baudek opened the public
hearing,and Trustee Habecker cited a conflict of interest and withdrew from
discussions.Community Development Director Joseph presented the staff
report:This is a request to subdivide and rezone property located adjacent to
and west of RiverRock Townhomes.The purpose of the subdivision is to
create building lots and dedicate road right-of-way and various easements for
future street connections.The rezoning from “A”Accommodation to “RM”
Multi-family would provide a zoning classification consistent with the intended
land use and would prevent future commercial use from occurring.The
density allowances for this proposal are the same for the “A”and the “RM”
district.
Applicant’s representative Bill Van Horn,reported that 2 traffic studies have
been completed and improvements to Moraine Ave.are included on CDOT’s
highway priority list.
Board discussion included benefits of “RM”Multi-family zoning,aesthetics of
proposed buildings,highway set-backs,and CDOT highway requirements.
Board of Trustees —September 18,2001 -Page 3
Town Attorney White explained that the plat does dedicate extra right-of-way
along Moraine Ave.
Audience comments were heard from Meredith Sloan,who stated a
preference for more duplex units rather than multiplex units and requested
that special consideration be given to the trees along the river corridor.
Community Development Director Joseph noted that the applicant will provide
to staff a professional report by a qualified Arborist addressing relocation of
trees from the river corridor to other areas of the development.Staff will not
support moving trees unless it is certain that they will not be harmed in any
way.
Concluding public testimony,Mayor Baudek closed the public hearing,and it
was moved and seconded (Newsom/Jeifrey)that the preliminary plat,
final plat and rezoning request from “A”Accommodations to “RM”
Multi-family for Park River West,Tract 5,Beaver Point,First Addition be
approved,and it passed with Trustee Habecker Abstaining.
2.KNOLL CONSERVANCY GROUP —STAFF RESPONSE!
RECOMMENDATION.Town Administrator Widmer reported that the Knoll-
Willows Conservancy Committee presented a recommendation document
containing a proposed plan for the Knoll-Willows properties to the Town
Board on July 24,2001.The Board was urged to:1)combine the 19.4 acres
into a single Conservation Area for research,education,and passive
enjoyment;2)legally protect,in perpetuity,these properties in their natural
state and as an important historical site;and 3)identify this Conservation
Area as a memorial to Enos A.Mills.
Town Attorney White found no legal authority in Colorado for creating the
requested Conservation Area,however,there is legal authority in Colorado
for creating a conservation easement.A conservation easement has been
used in Estes Park to preserve certain lands in open conditions,subject to the
terms and conditions of the specific language of the conservation easement.
Colorado Statutes require conservation easements to be granted in
perpetuity.
Town Administrator Widmer presented the following for Board consideration:
1.Establish a new zoning district or districts for the subject properties.
The district(s)could distinguish between the special riparian nature
of the Willows and the more open,grassland nature of the Knoll
and allow different uses in each,if appropriate.Other publicly
owned parcels could be included as desired.
2.Begin a master planning process for the properties that recognizes
their special nature and includes a wide spectrum of public
involvement.
Trustee Gillette noted that the Town will not own the property until 2003 and
he questioned the possibility of zoning changes prior to that time.Town
Attorney White agreed that any changes to the purchase contract would be
extremely difficult and probably impossible until the Town owns the land.
Trustee Doylen questioned whether or not adoption of a Resolution detailing
property use restrictions would be acceptable.Town Attorney White
confirmed that the Board could adopt a Resolution outlining restrictions;
however,this Board cannot legally bind future Boards.
Board of Trustees —September 18,2001 -Page 4
Trustee Habecker questioned the legal restrictions placed on the sale of the
property and use of Open Space funds.
Audience comments were heard from members of the Conservancy including:
Bud Hampton,Bob Jones,Mary Bauer,Glen Mapes,and Dorothy Gibbs.
Opinions included the importance of the establishment of a Conservation
Area,community involvement in a solution,a commitment by the Board to
preserve the natural space,and the possibility of granting a conservation
easement to the Estes Valley Land Trust.Additional audience comments
were heard from lnez Wheeler and George Hockman,speaking in opposition
to commercial development.
On behalf of the Board,Mayor Baudek stated there was no intent to sell or
develop the property;Trustee Jeffrey-Clark noted she is a member of Open
Lands Board of Larimer County and explained that funds for maintenance will
be available through 2018.
Concluding all discussion,the consensus of the Board was to research
the establishment of a new zoning district or districts and begin a
mast inningiocess for the properties that recognizes their special
nature.
Mayor Baudek declared a 5-minute recess at 8:32 p.m.and reconvened the meeting at
8:37 p.m.
3.BOARD ROOM REMODELING PROJECT -PRESENTATION.Town
Administrator Widmer reported that funds are included in the 2001/2002
Budget for the design and construction of a new Town Board/Community
Meeting Room in the old Fire Station space of the Municipal Building.In May
2001,the Town hired the design/build team of Thorp Associates,P.C.and
R.C.Heath Construction Co.The presentation by Randy DeMario/R.C.
Heath Construction Co.and Joe Kelvin/Thorp Associates,P.C.coveted
building cost estimates,floor plans,and interior and exterior characteristics.
Municipal Court Judge Brown expressed concerns regarding the proposed
court chamber area and document table.
Mayor Baudek noted that no action was necessary at this time.This item will
be placed on the October 9,2001 Town Board agenda for authorization to
proceed.
4.INTERGOVERNMENTAL AGREEMENT (IGA)BETWEEN THE ESTES
VALLEY RECREATION &PARK DISTRICT AND THE TOWN FOR THE
EVENTS CENTERIICE RINK —APPROVAL.Town Administrator Widmer
presented the IGA,and it was moved and seconded (Gillette/Newsom)the
Intergovernmental Agreement be approved as presented,and it passed
unanimously.
5.2000 CENSUS REPORT —PRESENTATION.Continued to September 25,
2001.
6.REVISION TO THE ELECTRONIC MEDIA ACCESS POLICY TO INCLUDE
TOWN WEBSITE “LINKING”POLICY —APPROVAL.Town Administrator
Widmer reported that governmental entities have been faced with legal action
due to inconsistent application and/or inappropriate application of links from
their web sites to commercial or private web sites.Whenever a user selects a
link to a site not controlled by the Town he/she should be aware that the
Town does not endorse any product or entity for which a link may be
provided,and that the Town is not responsible for the content or availability of
Board of Trustees —September 18,2001 -Page 5
these outside recourses.Town Administrator Widmer noted that this
disclaimer should be placed on our web pages.
It was moved and seconded (Gillette/Barker)the revision to the
Electronic Media Access policy be approved,and it passed unanimously.
7.TOWN ADMINISTRATOR’S REPORT.
A.Sales Tax Revenues.July Sales Tax revenues indicate a 5.1%increase
from 2000.The year-to-date data from December through July,based
on the budget,is 6.2%ahead of 2000.From statistics collected,it
appears that groceries,accommodations and restaurants are up,and
retail is down.
Following completion of all agenda items,Mayor Baudek adjourned the meeting at
9:25 p.m.
n Baudek,Mayor
&VaIvt 9z/eL?
Rebecca van Deutekom,Deputy Town Clerk