HomeMy WebLinkAboutMINUTES Town Board 1994-09-27Town of Estes Park,Larimer county, Colorado,.September ?7 ..,19 .9 4 .
Minutes of a .Regular ..meeting of the Board of Trustees of the Town o f
Estes Park, Larimer County, Colorado . Meeting held in the Municipal Building i n
said Town of Estes Park on the . 27th . day of ....September ., A .D ., 19 .9.4 .
at regular meeting hour .
H . Bernerd Dannel s
Meeting called to order by Mayor
Present : Mayor
Trustees :H . B . Dannels
Robert L . Dekker, Mayo r
ProTem ,
Susan L . Doylen ,
Stephen W . Gillette ,
William J . Marshall ,
Also Present :
Michael E . Miller ,
Gary F . Klaphake ,
Town Administrator
Gregory A . White ,
Town Attorne y
Vickie O'Connor ,
Town Cler k
Absent :
J . Donald Pauley, Truste e
Mayor Dannels called the meeting to order at 7 :44 P .M .
PUBLIC INPUT ,.
Dick Pratt requested the Town produce (make public) th e
law/regulation that allows Cable Systems, Inc . to assess it s
customers a 5% franchise tax .
Lou Canaiy commented on the housing program, and ballot questio n
seeking the retention of excess sales tax funds in light of th e
recently presented Financial Report . Town Administrator Klaphak e
responded to Mr . Canaiy's concerns .
CONSENT CALENDAR :
1.
Town Board minutes dated September 13, 1994 .
2.
Bills .
3.
Committee Minutes :
A.Special Events, September 22, 1994 .
B.Public Works Committee, September 22, 1994 .
C.Planning Commission, September 20, 1994 .
1.Lot 6, Little Prospect Mountain Addition, Geraldin e
Kappely/Applicant - Continue to October 11, 1994 .
2.Lots 15-17, Block 2, Town of Estes Park, Elizabet h
Bowers/Applicant - Continue to October 11, 1994 .
It was moved and seconded (Gillette/Doylen) the consent calendar b e
approved,and it passed unanimously .
ACTION ITEMS :
1 .
Larimer County "Post 2001 10 Campaign .
The following ,
representing the citizens group "Post 2001", appeared seeking
support of the 1/4 Sales Tax proposal included in th e
November 8, 1994 Election : Tom Keith, Larry Gamble, Larime r
County Commissioner Jim Disney,Jim Crain, Marian Mortell,an d
K-Lynn Cameron . Revenue generated by this tax would be use d
for the acquisition, development, management and maintenance
Board of Trustees September 27, 1994 Page 2
of open space and trails, and for the renovation of existin g
parks . Representatives believe the I/O sales tax, whic h
would be collected for seven years, could generate $3 5
Million . The recent Talmey-Drake Survey identified one of th e
top priorities to be trail development, and, at the RMN P
Gateways Conference, critical lands were identified as well a s
methods to protect them . The Town receives less tha n
$50,000/year from Lottery funds, which could reac h
$100,000/year by the year 2000 .
The Town could expec t
$250,000/year with the Post 2001 Campaign .
Audience comments were heard from Lou Cherbeneau--he is a
wilderness and open space/trails advocate ; however, he ha s
severe reservations with the proposal--clarification is neede d
on the acquired land--will it be deleted from the tax rolls ,
which document, the Larimer County Comprehensive Parks Maste r
Plan for the Estes Valley Trail Plan will take precedence ,
Estes Park (with the tourist population) will produce th e
largest amount of funds ; and whose land is being proposed fo r
acquisition . Pieter Hondius--strongly in favor of open space ;
the County has previously relinquished management of Carte r
Lake and Horsetooth ; and there may be a more efficient way t o
spend dollars than parks . Lou Canaiy--government cannot b e
everything for everybody ; believes in conservation but doesn't
need more taxes ; use the land already obtained ; and ordinance s
can regulate development and open space .
Pursuant to questions raised by the Trustees, representative s
added the following : Estes Park will receive its pro-rat a
portion ; Commissioners will meet annually specifically t o
discuss how to allocate the dollars with each affecte d
community ; lands to be acquired by Larimer County will onl y
proceed on "good faith negotiations"--condemnation is not a n
option ; 70% of the funds will be utilized for acquisition an d
30% will be utilized for administration and capito l
improvement maintenance ; a trust fund will be established fo r
maintenance of acquisitions .
Additional Trustees comments : there are higher prioritie s
than open space ; RMNP serves as open space ; funding concer n
for future maintenance of the acquired open space ; support o f
the proposal while honoring the vote of the people ; lack o f
assurance that Estes Park will receive its fair portion .
Concluding all discussion, it was moved and seconde d
(Gillette/Doylen) the Board of Trustees approve a Resolutio n
of Support for the Post 2001 Campaign .Motion failed by th e
following votes : Those voting "Yes" Trustees Doylen an d
Gillette . Those voting "No" Trustees Dekker, Marshall an d
Miller .
2 .Hunting Ban/Town Property (Continued from September 13, 1994).
Administrator Klaphake reported that the Light & Powe r
Department has prepared an "Interim Hunting Policy" for th e
Fish Hatchery/Fall River Hydro Property : the site will b e
posted "hunting by permission only, bow hunting only"; hunter s
desiring to use the property will obtain a permit, free o f
charge, from the Light & Power Department Office ; permits wil l
be issued on a first-come, first-served basis, in an equitabl e
manner ; only one permit/day will be issued for each permit ;
permits will be non-transferrable ; and hunters must meet th e
following :
1.
Comply with all applicable state laws .
2.Comply with all Rocky Mountain National Par k
requirements .
3.
Hunt only in designated area (area south of Fal l
River and Fish Hatchery Road).
Vehicle to b e
parked in designated area (entrance gate to the
Board of Trustees - September 27, 1994 - Page 3
property).
4.Permits will only be issued to Larimer Count y
residents .
5.Hunting will be limited to deer and elk .
6.The Interim Policy is to remain in effec t
throughout the 1994-95 hunting season .
A map was presented that identified Town property/huntin g
boundary .
Mike Sanem, 3355 Fall River Road reported that, as an affected
property owner, he has a vested interest . Mr . Sanem ha s
discovered steel-shafted arrows near his residence, and h e
posed questions concerning the Town's financial liabilit y
pursuant to pedestrian traffic observing wildlife on the site ,
and the Board was invited to perform a site-inspection on hi s
property . Mr . Sanem has discussed this issue with DO W
Representative Spowart and RMNP Supt . Rouse, and he urged th e
Town to ban hunting within Town limits . Dan Ludlum state d
that, following discussion with prior administration, he ha s
hunted on this site for many years and that he observe d
pedestrians on a limited basis . Stating that the Light &
Power Committee attempted to accommodate bow hunting an d
exclude high-powered rifles, and not loose the hunting seaso n
entirely, staff prepared the aforementioned interim huntin g
policy . Attorney White stated that any liability the Town ma y
have, is identical to that of any private property owner an d
the potential risk is evident to the Town's insurance carrier .
It was moved and seconded (Dekker/Miler) the Interim Huntin g
Policy, as defined above, be approved,and it passe d
unanimously .
3 .A .1994-95 Appointments to Estes Park Rooftop Rodeo Committee -
Approval .Special Event Coordinator Hinze reported that th e
Committee recommended approval of the following to the Este s
Park Rooftop Rodeo Committee :
Gary O'Connor, Presiden t
Jo Adams, Vice Presiden t
Jill Smith, Secretar y
Ed Allbright
Ralph Ramey
Jerry Brumleve
Bob & Mary Jo Seifer t
Don Cunningham
Kelly Sish c
Rick Dill
Karen Smith
Margee Gartner
Spencer & Megan Smit h
Ken Hobert
Chuck Thoma s
Marion "Chief" Jenista Sue Thoma s
Steve Kingery
Joan Van Hor n
Dave & Judy McPhee
Betty Whitesid e
Vickie O'Conno r
It was moved and seconded (Doylen/Gillette) the membershi p
roster be approved,and it passed unanimously .
4 .A .Amended Plat of Lots 11 and 12, Crags Addition, C . Frankli n
Hix/Applicant .It was moved and seconded (Gillette/Doylen )
the Amended Plat be continued to October 11, 1994,and i t
passed unanimously .
.Lot 1, Block 8, North Ridge Meadow Condominiums -Request Tim e
Extension .The Applicant is requesting a 7--year vested right s
period to complete Phase II of the North Ridge Meadow
Condominiums . Community Development Director Stamey provide d
background information, and that citing public safety concern s
with a long-term construction project, visual impact, lack o f
justification submitted for an extension, the Planning
Board of Trustees - September 27, 1994 - Page 4
Commission recommended approval of an additional year for a
total vesting rights period of 4 years, expiring July 19, 199 8
(the motion passed on a 5/1 basis). Applicant's
Representative Van Horn commented that a remaining 7 units ar e
to be constructed in Phase I and that subsequent to th e
Commission recommendation, the Owner will be required t o
produce 35 units in four years (7k units/yr .) In addition ,
the Owner is experiencing difficulty in obtaining sub -
contractors, is concerned with market conditions, an d
approaching adverse weather conditions . Mr . Van Hor n
confirmed that the neighbors do not object to the time -
extension request . All site improvements have been installed ,
12 units have been completed, and the project will proceed ;
however, the Applicant desires a less-stringent work pace .
Mr . Van Horn confirmed that the Applicant was previousl y
advised of what the vested property rights period would be an d
that the Applicant was advised he could request a tim e
extension . Town Attorney White confirmed that should th e
Trustees accept the Planning Commission recommendation of a
one-year time extension, such action would not preclude th e
Applicant from requesting additional extensions . There bein g
no further discussion, it was moved and seconde d
(Doylen/Gillette)a one-year extension, for a total of fou r
years, expiring July 19, 1998 be approved,and it passe d
unanimously .
C.Replat of Lot 131, Al Fresco Place Addition, Joh n
Grace/Applicant .It was moved and seconded (Gillette/Doylen )
this Replat be continued to October 11, 1994,and it passe d
unanimously .
D.Park Entrance Estates - Annexation .Mayor Dannels opened th e
public hearing . Director Stamey reviewed the Memorandum o f
Understanding (annexation agreement): existing gravel street s
will be dedicated to the Town, however, the Town will no t
maintain them until such time as the Homeowners Association o r
Special Improvement District completes paving work ; th e
existing water system is private ; sanitary sewer is provide d
by Upper Thompson Sanitation District (no extension proposed);
the Town will recognize historic use for any residential unit s
currently used for nightly rentals until such time as the us e
ceases or changes ; and, pursuant to the petitioners' request ,
the Town will install a street light at the corner of Hein z
Parkway and High Drive . Town services will be provided fo r
zoning, streets, snowplowing, water rates, water lines, taxes ,
police protection, building permit/inspection, and stree t
lights . Staff received a letter of opposition from adjacen t
property owner Bernie Holien regarding installation of th e
street light . Town Attorney White read a resolution findin g
the area is eligible for annexation .
Public comments were heard from Naomi Williams who stated tw o
owners are not in favor of annexation and that the Homeowner s
Association is in favor of a street light based upon safet y
concerns with the Beaver Point Intersection . Bernie Holie n
stated he has no objection to the annexation, his concern lie s
with the street light--the High Drive area has traditionall y
been a rural setting and with the potential of futur e
annexations, the open space is in jeopardy ; and he was awar e
that a project was recently approved without street lights .
Jack Ranney, proponent, stated that public safet y
representatives do concur with the light installation and tha t
perhaps the light could be diffused in a downward direction .
Attorney White advised that the Memorandum of Understandin g
had been fully-executed and that the street light installatio n
was made a part of the document . There being no furthe r
testimony, Mayor Dannels declared the public hearing closed .
Board of Trustees - September 27, 1994 - Page 5
It was moved and seconded (Doylen/Gillette) the Resolution
(#19-94) finding that the area is eligible for annexation b e
approved,and it passed unanimously .
Attorney White read an Ordinance approving the Annexation o f
Park Entrance Estates Addition, and it was moved and seconde d
(Dekker/Miller)the Ordinance be approved,and it passed
unanimously . Whereupon Mayor Dannels declared the Ordinanc e
duly passed and adopted, ordered it numbered 9-94 an d
published according to law .
Attorney White read an Ordinance approving E-Estate zoning ,
and it was moved and seconded (Doylen/Gillette)the Ordinanc e
be approved,and it passed unanimously . Whereupon Mayo r
Dannels declared the Ordinance duly passed adopted, ordered i t
numbered 10-94 and published according to law .
5.Resolution Concerning Election Judges and Canvass Board fo r
November 8, 1994 Coordinated Election with Larimer County .
Clerk O'Connor requested approval of a resolution authorizin g
the Larimer County Clerk to appoint election judges, and, a s
required, that Mayor Dannels, Clerk O'Connor, and Amy Plumme r
(registered elector) be appointed to serve as the Canvas s
Board . Town Attorney White read the resolution in full, an d
it was moved and seconded (Doylen/Dekker)Resolution #20-94 b e
approved,and it passed unanimously .
6.Estes Park Urban Renewal Authority - Appointment .Mayor
Dannels reported that former Commissioner Carl Henderson ha s
consented to serve for a 5-Year term expiring in September ,
1999 . It was moved and seconded (Dekker/Doylen)Car l
Henderson be re-appointed to serve a 5-year term on the Este s
Park Urban Renewal Authority, said term expiring September ,
1999,and it passed unanimously .
7.Town Administrator's Report :
A.Intergovernmental Agreement with EPURA .Staff presente d
a draft of the IGA with EPURA which includes language fo r
the Authority to transfer to the Town all revenues whic h
will be made available to the Authority should th e
November 8, 1994 ballot issue be passed . Forma l
presentation of the revised IGA will be given at th e
Trustee meeting scheduled October 11, 1994 .
B.Administrator Klaphake reported that a lawsuit agains t
the upcoming ballot issue was filed September 23, 1994 .
The plaintiff was Daniel F . Smith . On September 27 ,
1994, the Clerk was notified that the plaintiff did no t
want to pursue the suit . Attorney White reviewed th e
eight claims for relief against the Town and EPURA . Th e
suit did not request the Court to stop the election ,
however, plaintiff is requesting the court find the issu e
illegal . Approximately 35 municipalities have already
passed similar revenue spending questions and Estes Par k
is the first municipality being challenged . An
additional 15-20 entities are seeking approval on th e
November ballot . Following discussion, it was moved an d
seconded (Doylen/Gillette) the Town Attorney be directe d
to file a motion to dismiss or answer the suit a s
necessary,and it passed unanimously .
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Board of Trustees Convene as Estes Park Housing Authority (EPHA )
Mayor Dannels convened the EPHA .
1 .Appointment of Treasurer .
It was moved and seconded
Board of Trustees ® September 27, 1994 ® Page 6
(Doylen/Dekker)Trustee Stephen W . Gillette be appointe d
Treasurer,(replacing David Habecker) and it passe d
unanimously .
2 . Update Report .Administrator Klaphake reported that th e
Housing Site Polling Project includes a "fact sheet" an d
postage-paid return postcard . The postcard is to be returne d
to the Town Clerk's Office by October 7 ; drawings contained i n
the flyer were prepared and supplied by RMNP ; and results wil l
be announced following tabulation .
Following completion of all agenda items, Mayor Dannels adjourne d
the meeting at 10 :16 P .M .
Mayo r
Town Clerk