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Home My WebLink AboutMINUTES Town Board 2005-06-28Town of Estes Park, Larimer County, Colorado, June 28, 2005 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall said Town of Estes Park on the 28' day of June, 2005. Meeting called to order by Mayor John Baudek. Present: Also Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey -Clark Chuck Levine Wayne Newsom Bill Pinkham Randy Repola, 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. and all desiring to do so, recited the Pledge of Allegiance. SWEARING IN CEREMONY. Police Chief Richardson briefed the Trustees on the background of Justin Petersen, Police Officer and the promotion of Wes Kufeld, to Commander, and Clerk O'Connor conducted a Swearing In Ceremony. Mayor Baudek read a letter he received from a resident commending Officer Petersen for service rendered. PRESENTATION. Town Administrator Repola presented the 2004 Certificate of Achievement for Excellence in Financial Reporting Award issued by the Government Finance Officers Association. PUBLIC COMMENT Steve Burbach, 1886 Fall River Rd., requested the Deer Ridge Subdivision planning item be removed from the consent agenda to an action item. TOWN BOARD COMMENTS. Trustee Jeffrey -Clark expressed her appreciation to Town Administrator Repola and staff members Feagans and Kilsdonk for their effort toward the recent NLC Small Cities Steering Committee portion that Estes Park hosted on Saturday, June 18th. Economic vitality, globalization and the like were topics of discussion during the conference held in Denver. Trustee Jeffrey -Clark also announced a new event that is being planned on August 27th named "Heritage Days" showcasing the history of Estes Park. Contact representatives include Trustee Jeffrey -Clark and Dee Pritchard. Trustee Levine took exception to comments made at a recent Home Rule Forum sponsored by the Chamber of Commerce concerning the Town Board having "all those secret meetings". During his fifteen months in office, the Board has conducted five executive sessions, and the subject matter and state statute authorizing same are published on the agenda. The Board of Trustees conduct as open a govemmental group as there could be, and he applauded the Town Board on how they conduct Town business. Board of Trustees — June 28, 2005 — Page 2 Trustee Homeier commented on his attendance at the annual CML Conference, noting his pride for the Estes Park community, the Town is exemplary, and he commended Police Chief Richardson and Commander Kufeld in making the Police Department an honorable department and good example for other cities. Regarding Home Rule, Mayor Baudek stated that it is critical during the election process that citizens receive accurate information. He has withdrawn as a candidate as it is his responsibility and duty to ensure there is no special interest group attempting to control the process, or that other entities do not succeed in attempting to use Home Rule as an easy means to increase funding. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 14, 2005. 2. Bills. 3. Estes Valley Board of Adjustment, June 7, 2005 (acknowledgement only). 4. Estes Valley Planning Commission, June 21, 2005, 2005 (acknowledgement only). 5. National Electric Code, 2005 Edition — set public hearing date of July 26, 2005 to consider adoption. It was moved and seconded (Doylen/Levine) the Consent Agenda be approved, and it passed unanimously. 1A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for Consent Agenda Items a) (i), b) (i) and c) (i) and (ii): CONSENT ITEMS: a) SUPPLEMENTAL CONDOMINIUM MAPS: (i) Supplemental Condominium Map #2, Sundance Condominiums, Tract 69B of the First Replat of Tract 69, Fall River Addition, 1431 Sierra Sage Lane, Brian Murphy, LLC/Applicant. b) FINAL CONDOMINIUM MAPS: (i) Rivers Pointe Downtown Condominiums, Lots 17, 18, 19, & 20, Hupps Addition, Block 6, Town of Estes Park, Cardinal Properties, LLC/Applicant. c) SPECIAL REVIEWS: (i) Special Review 05-01, Horse -Drawn Carriage Service, Downtown Estes Park, Victor Anderson/Applicant. (ii) Special Review 05-02, Circle of Friends Montessori School, Lot 1, Saint Bartholomews Addition, 880 MacGregor Avenue, Circle of Friends Montessori School, Kay Lawson, Director/Applicant. There being no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Pinkham/Newsom) Items a) (i), b) (i) and c) (i) and (ii) be approved, and it passed unanimously. d) SUPPLEMENTAL AND FINAL CONDOMINIUM MAPS: Mayor Baudek opened the public hearing for Items d) (i) and (ii): Board of Trustees — June 28, 2005 — Page 3 (i) Bugle Point Condominiums on Fall River, Lot 3, Block 4, Fall River Estates, Jim/Randy Company, Inc./Applicant: (ii) Bugle Point Condominiums on Fall River, Phase II, Supplemental Map #3, Lot 4, Block 4, Fall River Estates, Jim/Randy Company, Inc./Applicant. Planner Chilcott reviewed the conditions of approval (corrections to the drainage easement, signature block, layout, and that Absolute Surveying must obtain a Business License), and confirmed that the Applicant was made aware of these conditions. There being no testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Doylen/Newsom) Items d) (i) and (ii) be approved, and it passed unanimously. e) FINAL SUBDIVISIONS: Upon the request of Mr. Burbach, this item was removed from the Consent Agenda: (i) Deer Ridge Subdivision, Amended Plat of Lots 3 and 4, Skoog Subdivision, Paul & Katherine Kochevar/Applicants. Steven Burbach, 1886 Fall River Rd. is an adjacent property owner and he noted his concern with traffic flow and construction impacts to his property as the roadway runs through his property. Planner Shirk stated that there are 3 existing cabins past Mr. Burbach's property-2 will be removed and new houses will be constructed. The roadway is located within the boundary adjustment (as executed by Mr. Burbach's mother), which provides legal use of the road, and it will be paved. Currently, there are four dwellings, and the Applicant intends to construct a new house on Lots 1 and 2 and the Applicant will remove the cabin on Lot 3 and construct his personal home. Paving will assist with historic drainage problems and there were no objections to the proposal during the Planning Commission meeting. As there were no other comments, Mayor Baudek closed the public hearing, and it was moved and seconded (Doylen/Homeier) Item e) (i) be approved, and it passed unanimously. ACTION ITEMS: f) ANNEXATION & OTHER RELATED LAND ISSUES.: Mayor Baudek opened the public hearing, and noted all land issues should be considered as a "package application". Trustees Pinkham and Levine recused themselves from discussion and vote and vacated the room. Planner Chilcott presented the staff report for each land use item: (i) Bosan Addition Annexation Request, Pawnee Meadows LLC/Applicant, Resolution #15-05 & Ordinance #9-05. The property is located at the Dry Gulch Rd./Red Tail Hawk Dr. intersection, 995 Dry Gulch Rd., and the Applicant is purchasing the property from Boyette and Sandra Williams. Red Tail Hawk Dr. will be subject to a slope easement granted to the Estes Park Housing Authority in 2002. Access concerns were expressed by adjacent property owners at the Planning Commission meeting and staff is recommending access from Red Tail Hawk. For the proposed ()- Office lots. (ii) Rezoning Request and Development Agreement — from RE -Rural Estate to R1-Residential (5.734 ac.), and 0-Office (1.85 ac.), The Neighborhood Subdivision, Lot 1, Bosan Addition, Boyette & Sandra Williams/Applicants, Ordinance 10-05. Rural Estate zoning requires a minimum lot size of 2.5 acres and the Applicant is seeking a rezoning to R-1 Single -Family Residential for the western 5.734 ac. The R-1 zoning district was established for attainable housing development only. The rezoning being Board of Trustees — June 28, 2005 — Page 4 requested for the eastern portion of 1.849 ac. is to O-Office. The Planning Commission has forwarded a recommendation for approval of the Rezoning Request. Staff reviewed the Development Agreement that includes a modification of the R-1 Single Family Residential Zoning District attainable housing requirements, waiver of the 15% open space requirement, and ten-year vesting period for the 0-Office lots. The Community Development Committee reviewed and supported the general proposal, including the first two items listed above. The Salud Foundation is moving ahead with their office building and they anticipate a Fall construction start-up timeframe. (iii) Preliminary Subdivision The Neighborhood Subdivision, Lot 1, Bosan Addition, Boyette & Sandra Williams/Applicants. The Applicant desires to divide a 9.946 ac. parcel into 32 lots: ■ 30 single-family residential lots on 5.734 ac.; 15 lots deed restricted for 20 yrs. and sold to households earning 100% or less of the median income. ■ 2 commercial lots totaling 1.849 ac., intended for a community services building (Estes Valley Non Profit Resource Center, Inc.) • Dedication of 2.3 ac. of right-of-way and new roadway to serve the subdivision. Town Attorney White read aloud Resolution 15-05, Ordinance 9-05 and 10- 05. Trustee questions/comments/concern were heard on the Applicant's intention of a 20-yr, deed restriction where a longer period is more desirable, traffic on Crabapple Ln. and increased traffic in general, Vista Ridge amendment to their Development Plan to prevent direct access on Dry Gulch Rd., and Crabapple Ln. is not designed for on -street parking and signage is required to prevent parking along this street. Paul Kochevar, Applicant, commented on the deed restriction, reluctance of banking institutions to go beyond the 20-yr. limitation and that he is still working on this issue and desires to have confirmation with submittal of the final plat, he intends to reduce traffic toward the Crabapple Ln. area by changing the orientation of some units. Staff noted that unit design would require careful review prior to approving this change in orientation. Rita Kurelja, Director/Estes Park Housing Authority encouraged a 30-yr. deed restriction, noting information is available from the Housing Authority to accomplish same, and open space is what makes developments attractive and serious consideration should be given to waiving it. There being no further testimony, Mayor Baudek closed the public hearing. Town Attorney White noted that the Development Agreement confirms all items discussed at this public hearing, and that Paragraph 12, Item A.1) Page 3 could be changed to read "....for a period of not less than 30 years, and..." . It was moved and seconded (Newsom/Homeier) Resolution 15-05, Ordinance 9-05, and Ordinance 10-05 be approved and it passed with Trustees Levine and Pinkham abstaining. Trustees Pinkham and Levine returned to their positions on the Board. 2. ACTION ITEMS: 1. TOWN BOARD 2004-2006 GOAL TEAMS. Town Administrator RepoIa. A. Goal Team Update. A PowerPoint presentation was given that outlined the various stages of development or completion of each goal. Board of Trustees — June 28, 2005 — Page 5 B. Goal Team 1, Economic Development Strategy — RRC Proposal, $24,000 — Approval. Goal Team 1 has determined that the service of an economic development research firm is needed to complete the drafting of a strategy for the Town. Four proposals were received and RRC of Boulder was selected. A summary of comments follows: a request for verification of retirees spending habits, process for community input (advisory committee), inter -play between the Economic Development Plan and the Comp Plan (not a step in this proposal). It was moved and seconded (Pinkham/Homeier) the Proposal in the amount of $24,000 submitted from RRC be approved, with funding provided from unexpended funds in Administration --General Fund, and it passed unanimously. 2. LIQUOR LICENSING — TRANSFER OF OWNERSHIP FROM ROADSIDE PRODUCTIONS, INC., dba LONIGANS, INC. TO DCALS ENTERPRISES, INC., dba LONIGANS SALOON NIGHTCLUB & GRILL, TAVERN LIQUOR LICENSE, 110 W. ELKHORN AVE. Town Clerk O'Connor presented the application, confirming that required T.I.P.S. Training has not yet been scheduled by the Applicant. David and Deborah Callahan/Applicants addressed the Board, noting their desire to get involved with the community, and their understanding of the seriousness of selling liquor. Trustee Levine noted that the Board takes liquor licensing very seriously, T.I.P.S. training is important, and utmost care must be given to ensure underage patrons are not served. Mr. Callahan stated a policy is in place that addresses underage drinking concerns. It was moved and seconded (Newsom/Doylen) the Transfer of Ownership Application filed by DCALS, ENTERPRISES INC., be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Town Board Study Session. A Study Session is planned June 29th at 6:30 p.m. to discuss the Wilderness designation for Rocky Mountain National Park. B. Town Board Retreat. Scheduled June 30th at 11:30 a.m. at the Museum. C. July 4th Fireworks. The fireworks celebration will be held on Monday, July 4th, and the American Legion is currently the funding entity. The community is being requested to assist in the Legion's goal of collecting $35,000. Concluding all agenda items, Mayor Baudek announced that Rooftop Rodeo Day is July 12th and all are encouraged to wear western attire to the Town Board 7/12 meeting, and he adjourned the meeting at 8:57 p.m. n Baudek, Mayor ,t,chc,2/ •_dh� Vickie O'Connor, Town Clerk