HomeMy WebLinkAboutMINUTES Town Board 1997-11-25Town of Estes Park,Larimer County,Colorado,November 25,1997
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 25th day of November,1997.
Meeting called to order by Mayor Robert L.Dekker.
Present:Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
John Baudek
George J.lix
William J.Marshall
J.Donald Pauley
Also Present:Gary F.lUaphake,Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Dekker called the meeting to order at 7:30 p.m.
PUBLIC COMMENT:
None.
TOWN BOARD COMMENTS:
Trustee Baudek requested discussion on zoning and frontage of
commercial buildings be added to the Agenda.Mayor Dekker granted
the request,stating this item would be discussed following completion of
all Agenda items.
CONSENT CALENDAR:
1.Town Board Minutes dated November 12,1997.
2.Bills.
3.Committee Minutes:
A.Light &Power,November 13,1997.
B.Public Safety,November 20,1997.
It was moved and seconded (Hix/Doylen)the consent calendar be
approved,and it passed unanimously.
Board of Trustees -November 25,1997 -Page 2
ACTION ITEMS:
Resolution #16-97 -Authorizing L.E.T.A.to Assess Wireless
Communications Access Charge.Police Chief Repola reported
that the Larimer Emergency Telephone Authority (L.E.T.A.)is
requesting authorization to assess a wireless communications
access charge.LE.T.A.will enter into an agreement with a
wireless provider that will build into the present system,
capabilities for the cell phone number to be displayed on the 911
monitor (Phase I).This function will enable telecommunicators to
dial that cell phone to verify location,etc.Attorney White read
the Resolution,and it was moved and seconded (Hix/Marshall)
Resolution #16-97 be approved,assessing a surcharge of
$0.45/month effective January 1,1998,and it passed
unanimously.
2.1998 Pay Plan.Ass’t.Town Administrator Widmer reported on
the 1998 Pay Plan which was reviewed by the Town Board at their
Budget Study Session held November 18th.The pay for
performance merit-based proposal is identical to that utilized in
1996 and 1997:
Above Standard 2-5%Merit Increase
Standard 2%
Below Standard 0%
Salary adjustments include 5%for the Police Dept.(except Police
Chief)plus earned merit to bring officers in line with the market;
adjust two other positions (salary/grade);and seasonal pay.It was
moved and seconded (Marshall/Pauley)the 1998 Pay Plan be
approved,and it passed unanimously.
3.Manford Ave.Sidewalk Traffic Study.Public Works Director
Linnane offered a brief history of this project,reported that a copy
of the report was mailed to School $upt.Kastendieck,and
introduced Bob Felsburg of Felsburg,bit and Ullevig.The Town,
in cooperation with the Park School District,initiated efforts to
analyze traffic and pedestrian-related issues adjacent to the Estes
Park school campus.The study focused on two specific issues:(1)
vehicle movement/circulation patterns along Community Dr.,
Manford Ave.and Brodie Ave.,adjacent to school property.School
bus arrival/departure movements,in combination with parent
drop-off and student passenger car maneuvers,create a congested
environment during the peak arrival and departure times during
the school day.(2)Analyze pedestrian needs along Manford Ave.
and to recommend sidewalk/walkway and crosswalk improvements
adjacent to the school campus.Mr.Felsburg reviewed the firm’s
recommendations for traffic control measures,sidewalk and
crosswalk improvements,and traffic control/sidewalk/bike
Board of Trustees -November 25,1997 -Page 3
lane/crosswalk scenario.There was no public comment.
Discussion followed,with Mayor Dekker expressing the Board’s
appreciation for the presentation,referring the Report to the
Public Works Committee for final review/recommendation.
4.Ordinance #17-97 Vacation of Utility Easement,Lot 1,
Hartland Subdivision.Attorney White read the Ordinance,and
it was moved and seconded (Marshall/Pauley)Ordinance #17-
97 be approved,and it passed unanimously
5.Re-Adoption of Municipal Code,Ordinance #15-97.Mayor
Dekker opened the public hearing,and Town Attorney White
outlined the purpose,process,and new and/or substantive changes.
As there were no public comments,Mayor Dekker closed the public
hearing.Attorney White read the Ordinance,and it was moved
and seconded (DoylenlHix)Ordinance #15-97 be approved,
and it passed unanimously.Trustee Baudek thanked the staff for
this major undertaking.It was also moved and seconded
(Hix/Pauley)Resolution #19-97 adopting the
Procedure/Policy Manuals for the Community Dev.,Town
Clerk’s Office,Light and Power,Police and Public Works
Departments be approved,and it passed unanimously.
Administrator JUaphake commented on the amount of work
expended on this project,and advised that the Code will be
amended as needed.
6.Liquor Licenses:
A.Show Cause Hearing:American Legion Club,Inc.
Trustee Doylen declared a conflict of interest,and stated she
would not participate in discussion nor vote.In a
memorandum dated November 17th,Captain Filsinger and
Clerk O’Connor reported that a meeting was held November
14th with the American Legion Club—current as well as past
board members were present.Staff presented a Stipulation
Agreement that has been executed by the Club whereby the
Club agrees to all charges and a 15-day suspension beginning
December 1,1997.Joseph Ball,Club President,appeared
and reported on the implementation of improved security,
reception bookings (paid bartender,segregated from Club
liquor sales),improved identification methods,training
classes,a key-card entry system,and improved control of
members and guests.Mr.Ball also reported on the Legion’s
community service efforts.There were no comments from
the audience.It was moved and seconded
(Marshall/Baudek)the Stipulation Agreement be
approved for a 15-day suspension from December 1
through December 15,1997,with the Legion to provide
proof of training within 120 days from November 25,
Board of Trustees -November 25,1997 -Page 4
1997,and it passed by the following votes:Those voting
“Yes”Trustees Barker,Baudek,Hix,Marshall and Pauley.
Those voting “No”none.Those “Abstaining”Trustee Doylen.
Trustee Barker expressed his appreciation to the Legion for
their community work,adding that liquor licensees should
be held to a high standard.
1.Change of Corporate Structure.It was moved and
seconded (Baudek/Barker)the Change of Corporate
Structure for the following officers be approved,and it
passed by the following votes:Those voting “Yes”
Trustees Barker,Baudek,lix,Marshall and Pauley.
Those voting “No”none.Those “Abstaining”Trustee
Doylen:
Joseph Ball,President,replacing Dan Doylen
Kenneth Clasen,V.Pres.,”James $eybold
Roger Davis,$ec./Treas.,“Joseph Wicks and
Laura Chrastil
2.Liquor License Renewal.Attorney White confirmed
that approval of the Renewal does not waive the
suspension as authorized above.It was moved and
seconded (Pauley/Hix)the Liquor License Renewalbe
approved,and it passed by the following votes:Those
voting “Yes”Trustees Barker,Baudek,lix,Marshall and
Pauley.Those voting “No”none.Those “Abstaining”
Trustee Doylen.
B.Special Events Permit Application for the Art Center
of Estes Park,It was moved and seconded (DoylenlHix)
the Special Events Permits for January 16,March 6,
April 26,June 5,July 10,August 14,October 2,and
November 13,1998 be approved,and it passed
unanimously.Clerk O’Connor noted that a maximum
number of ten special event permits/yr.are allowed per non
profit agency.
C.Resolution #17-97 -Setting Show Cause Hearing for
December 9g 1997 for The Wheel Bar.Trustees Doylen
and Hix declared a conflict of interest,and stated they would
not participate in discussion nor vote.Police Chief Repola
presented a memorandum dated November 17th reporting on
a disturbance that occurred August 24,1997 at The Wheel
Bar.Liquor Regulation 47-900A was read in full.Attorney
White also cited a conflict of interest,thus Attorney John
Frey will be contracted for this case.Town staff will hire a
special prosecutor to represent the Police Department if
needed.It was moved and seconded (Baudek/Pauley)
Board of Trustees -November 25,1997 -Page 5
Resolution #17-97 be approved,and it passed with the
following votes:Those voting “Yes”Trustees Barker,
Baudek,Marshall,and Pauley.Those voting “No”none.
Those “Abstaining”Trustees Doylen and Hix.
6.Initiated Ordinance Limiting the Annual Increase in the
number of dwelling units to 1%/Year Filed October 17.1997 by
Patrick and Shelley Cipolla.Attorney White reviewed Clerk
O’Comnor’s memorandum and presented two options to the Town
Board for the Initiated Ordinance:(1)adopt the proposed ordinance
without alteration (Ordinance),or (2)refer the proposed ordinance to
the registered electors for election April 7,1998 (Resolution).
Attorney White read the Initiated Ordinance and Resolution.
Trustees posed several questions pertaining to the number of building
permits that would be allowed should the Initiated Ordinance pass,
inclusion of multi-family dwelling units with single-family dwelling
units in the percentage;implementation;concern with employees in
construction-related businesses (loss of jobs);recourse of property
owners if they find they can’t build,and whether the Town could be
held liable.It was moved and seconded (Doylen/Marshall)the
Initiated Ordinance not be adopted,and that Resolution #18-
97 (Option 2)be approved,and it passed unanimously.
A.Building Permit Policy as it Relates to the Initiated
Ordinance.The Board considered a memorandum dated
November 18,1997 submitted by Community Development
Director $tamey that outlined building permit application
procedures that could be implemented November 26,1997,
prior to the April 7th election.
•Upon application for a building permit for a new
dwelling unit,the Town shall require a $2,000
deposit for a single family dwelling unit,and
$1,500/multi-family dwelling unit.
•The Town will accept building permit applications
through 2/20/98 for construction of new residential
dwelling units.From 2/21/98 to 4/7/98,a
moratorium would be in place on acceptance of
building permit applications for new dwelling units.
This moratorium would not apply for commercial
construction and remodels.
•Should the limited growth ordinance pass at the
4/7/98 election,Issued building permit applications
would be “grandfathered.”
Board of Trustees -November 25,1997 -Page 6
Director Stamey reviewed procedure taken by Golden with a
similar Initiated Ordinance,adding that in order for a
building permit application to become valid,it must be lot
and plan specific.Attorney White confirmed that should the
Initiated Ordinance pass,the 1%limitation would be in effect
4/8/98.
Discussion followed on the moratorium;length of time for
plan checking which could include hiring a private source to
complete plan checking;deposits which would be collected at
the time of application,and which do not include additional
fees such as water taps,and the like;insufficient time to
implement regulations should the ordinance pass and the
possibility of placing an additional two weeks following the
election for the effective date of the 1%limitation.
Audience comments were heard from Jerry Palmer relative
to the $2,000 deposit (too high),and the moratorium (6
weeks)is too long.Director $tamey clarified how staff
determined what the deposit amount should be (based on
UBC Valuation and Building Code Fee Table 3A).
Trustee Barker noted that the Initiative has placed the Town
in a position whereby the Town is attempting to protect
property owners as best as possible,with increased expense
of issuing building permits.The Town must be cautious,
while being responsive to the citizens.
It was moved and seconded (Doylenlllix)the Building
Permit Policy be approved with the following
amendments:the moratorium be reduced to 4
weeks—March 10,1998,and a 2-week extension to
April 21,1998 if the Initiated Ordinance passes and it
passed unanimously.Mayor Dekker thanked Mr.Palmer for
his comments.
7.Appointments:
A.Museum Advisory Board.Sybil Barnes and David
Steiner (re-appointment),4-Yr.Terms,expiring
•1/01/2002.
B.Library District.Steve Little (re-appointment),and Jan
Bode,4-Yr.Terms,expiring 12/31/2001.
C.Building Authority.Peggy Lynch and Monte Vavra
(re-appointments)3-Yr.Terms,expiring 1/01/2001.
Board of Trustees -November 25,1997 -Page 7
It was moved and seconded (Hix/Pauley)all appointments
listed be approved,and it passed unanimously.
9.Fall River Hydro Plant -Request Approval to Nominate Plant
to the National Resister of Historic Places.Museum Director
Kilsdonk reviewed the Plant Restoration Project and requested the
Board of Trustees submit a request to the Historic Society placing the
Plant on the National Register of Historic Places.The Light and
Power Committee will be considering the appointment of a
Renovation Committee similar to that appointed for the Stanley Hall
preservation.It was moved and seconded (Hix/Marshall)the
request be approved,and it passed unanimously.
Width of Buildings in Downtown Commercial District.Trustee
Trustee Pauley expressed his concern in existing commercial buildings
being divided into small retail spaces,which,in his opinion,is a
detriment to merchants and the community at large.Perhaps
regulations should be adopted that would,in the case of new
construction or remodels,place a minimum frontage width within the
commercial downtown district.Trustee Pauley believes most lots are in
multiples of 25’and desires a minimum frontage of 23’or reasonable—
10’-wide pieces would not be allowed.Attorney White noted that
exterior and interior dimensions would be addressed in proposed
regulation.It was moved and seconded (Pauley/Hix)staff be
directed to prepare such a regulation,referring the request to
the Planning Commission for their review and recommendation,
and it passed unanimously.The boundary in question is to include the
Riverwalk and entire area within the CBD.Staff will attempt to add
this item to the Planning Commission’s agenda in January.
10.Town Administrator’s Report.None.
NOTE:The Board of Trustees will meet December 9,1997;the meeting
scheduled December 23,1997 has been canceled.
Vickie O’Connor,Town Clerk
Following completion of all agenda items,Mayor Dekker adjourned the
meeting at 10:32 p.m.
rt L.Dekker,