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HomeMy WebLinkAboutMINUTES Town Board 1998-01-13Town of Estes Park,Larimer County,Colorado,January 13,1998 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 13th day of January,1998. Meeting called to order by Mayor ProTem Susan L.Doylen. Present:Trustees Jeff Barker John Baudek George J.Hix William J.Marshall J.Donald Pauley Also Present:Gary F.lUaphake,Town Administrator Vickie O’Connor,Town Clerk Gregory A.White,Town Attorney Absent:Robert L.Dekker,Mayor Mayor ProTem Doylen called the meeting to order at 7:30 p.m.and announced that the meeting would not be televised due to technical difficulties with Intermountain Cable Comm. PUBLIC COMMENT: None. TOWN BOARD COMMENTS. None. CONSENT CALENDAR: 1.Town Board Minutes dated December 9,1997. 2.Bills. 3.Committee Minutes: A.Light and Power,December 11,1997 and January 8,1998. 3.Planning Commission December 16,1997 (acknowledgment only). C.Community Development,January 7,1998. 4.Amended Plat of Lots 26 and 27,Block 9,Country Club Manor Addition,Ruth Goetzel/Applicant -Motion to withdraw, Applicant to request future placement on Agenda. 5.Amended Plat of a Portion of the SW of Section 25,T5N, R73W of the 6th P.M.,and Lots 4,5 and a Portion of Lot 3, High Pines Subdivision,John &Marcia Henry/Applicant - Continue to February 10,1998. It was moved and seconded (Hix/Pauley)the consent calendar be approved,and it passed unanimously. Board of Trustees —January 13,1998 —Page 2 ACTION ITEMS: 1.Estes Park Volunteer Fire Department 1997 Annual Report. Fire Chief Dorman and Secretary Landkamer presented the Election results,and Training and Run Reports.Election results were:Scott Dorman,Chief,Ed Ford,1st Assistant Chief,Daryl McCown,2d Assistant Chief,Secretary Jon Landkamer.and Doug Deats,Treasurer.It was moved and seconded (Hix/Marshall)the Election of Officers,as presented,be approved,and it passed unanimously. There were 31 full—time volunteers in 1997,for a total of 1,302 hours,resulting in an average of 42 hours/volunteer. Secretary Landkamer reviewed specific areas of training. Chief Dorman reviewed the “run report”tally which indicated there were 299 calls with 143 inside,and 156 outside Town limits.The Chief presented the financial report for the last six months of 1997 and the report was made a part of the record by reference thereto. 2.Automatic Meter Reading (AIvIR)-Approval of Budget Expenditures and Procedure/Policy Manual Amendment -Light and Power Director Matzke reported on the 2MR Employee QI Team findings and recommendations for the Automatic Meter Reading f2MR)Study.It was moved and seconded (Hix/Barker) the AMR Project be approved,authorizing staff to expend $24,798 for the Itron System with radio frequency remote reading capability,$14,956 for 192 electric meters,$15,593 for 100 water meters and an additional Itron Read-One device,$41,070 for 222 Emetcom Pole Line Carrier electric meters,and remote reading meters,a 5-year annual budget of $70,000/yr.,and an amendment of the Light and Power Dept. Procedure/Policy Manual relating to connect fees,and it passed unanimously.Trustee Hix commented that lie was impressed with the QI Team study and presentation at the Light and Power Committee meeting.Patrick Cipolla questioned the accuracy of the meters,and staff responded that 100%accuracy had occurred in the pilot test program. Director Matzke recognized Gary O’Connor,QI Team Leader who was in attendance. 3.Lease Agreement with Minolta Business Systems.Senior Planner Joseph explained the 3-yr.lease with Minolta for a Model EP-4000 Copy Machine,and it was moved and seconded (Pauley/Marsliall)the lease in the amount of $384.11/mo.be approved,and it passed unanimously. 4.Amendment to M.O.U.between the Town,Rooftop Rodeo Committee and Top Hands Organization,Inc.Special Events Director Hinze reported on the amendment that deletes “only during the week of Rooftop Rodeo”and “during the Rooftop Rodeo”from the Memorandum of Understanding dated January 23,1996.The amendment allows support events to take place anytime during the year.It was moved and seconded (Hix/Baudek)the Amendment be approved,and it passed unanimously. 5.Final Plat of Prospect Highlands Subdivision.This item was continued December 9,1997 as Condition #10 (erosion control)was incomplete.The Board of Trustees met January 6th to receive additional information.At that meeting,RMC presented a solution to increase the detention volume to 12,000 cubic ft.,almost doubling the volume PNC had Board of Trustees —January 13,1998 —Page 3 previously determined to be acceptable.Public Works Director Linnane reported that the detention calculations were applied correctly,the calculation method meets Town specifications,staff thoroughly reviewed said calculations, and the flow rate was reviewed and there are no negative impacts downstream.Senior’Planner Joseph confirmed that the erosion and re—vegetation reports have been received. Joseph requested the motion include a condition that dimensions be added to the plat prior to recording said plat.John Phipps,attorney representing a homeowner’s association,had no further comment.Audience comments were heard from George Hockmän regarding street standards (in his opinion,Curry Dr.does not meet Town standards on two points and staff should advise the Board of Trustees when they (staff)have granted a variance from Town -standards, and geologic hazards,specifically relative to the Tarragon and Foundation Engineering Reports.Mr.Hockman urged the Board not to approve the plat until such time as detailed information/studies on rock hazard are complete.Planner Joseph stated that a geologic hazard report from Foundation Engineering was reviewed by the’Planning Commission,and that potential geologic-problems would be mitigated.Annual site reconnaissance/inspection is planned.Staff confirmed that the Planning Commission did not come to a unanimous recommendation on this proposal.Separate development plan review on each new structure is being required.Tom Scobel/RMC confirmed that his firm is satisfied with Foundation Engineering’s repor-t,and responded -to various comments pertaining to building envelopes which will be determined by topography.Mitigation procedures will be professional and constant monitoring will occur during development.There were no further óomments from the audience.- Trustee comments followed on maintenance of the detention pond,future conformance relative to geologic hazard,and slope.Attorney White stated that Town regulations do not include geologic hazard standards,and that the plat cannot be judged solely on such potential hazard.The Town Board can,however,consider safety concerns.Planning Commissioner Pohl noted that the Planning Commission merely forwards a recommendation on subdivision plats—the Commission cannot approve or deny such plats;the Planning Commission minutes state that this particular plat was favorably recommended with 16 conditions,however,the recommendation was not unanimous.Stating that BNC has placed their professional reputation on the geologic hazard report,and have volunteered to have on-site supervision for development,and that drainage issues have been addressed, it was moved and seconded (Barker/Mix)the Final Plat of Prospect Highlands Subdivision be approved,however,the plat will not be recorded until the dimensions for the drainage easement and access easement located on Lot 10 have been added to the plat,and it passed with the following votes:Those voting “Yes”Trustees Barker,Doylen,Hix, Marshall and Pauley.Those voting “No”Trustee Baudek. 6.Special Review #97-01,Block 1-4,Amended Plat of Thirteenth Fairway Subdivision,Rainbow Lake Investments LLC/Applicant. Mayor ProTem Doyle-n opened the public hearing,and Senior Planner Joseph stated the proposal is to reduce the total dwelling units from 53 to 45 as the applicant desires to reconfigure the unit layout into primarily two-family buildings.All prior conditions of approval have been Board of Trustees -January 13,1998 -Page 4 satisfied.As there were no comments from the audience, Mayor ProTem Doylen closed the public hearing.It was moved and seconded (Hix/Marshall)Special Review #97-01 be approved,including the 2 conditions listed in the Planning Commission minutes dated December 16,1997,and it passed unanimously.The Board commended the developer on the appearance of the site. 17 Amended Plat of Lots 1 and 2,Schuster Subdivision,Robert Sunderlund/Applicant.Mayor ProTem Doylen opened the public hearing,and Senior Planner Joseph reported that the Applicant desires to combine two lots into one lot to allow construction of a garage.All Plannin,g Commission conditions have been met,and the Attorney’s letter has been received.There were no comments from the audience,and Mayor ProTem Doylen closed the public hearing.It was moved and seconded (Hix/Pauley)the Amended Plat of Lots I and 2, Schuster Subdivision be approved,and it passed unanimously. 8.Ordinance #1-98 -Amending Section 2.52.020 Municipal Judge Salary.Administrator Kiaphake noted that the Municipal Judge last received a salary increase in 1994,effective in 1995.The proposed increase is for $1,280 for a total salary of $14,080.Attorney White read the Ordinance,and it was moved and seconded (Marshall/Hix)Ordinance #1-98 be approved,and it passed unanimously.The Board commended Judge Brown for superior service. 9.Ordinance #2-98 -Conservation Easement to the Land Trust for Tract A,The Reserve,First Filing.Administrator Kiaphake reviewed the Ordinance deeding a Conservation Easement to the Land Trust,in exchange for a Special Warranty Deed (10.94 acres)—all in accordance witli the wildlife and view corridor provided by the Developer and approved by the Board of Trustees.The Land Trust will receive the open space,and the Town will provide site maintenance.AttorneyWhite read the Ordinance.Discussion followed on how public access will be negated—this would be enforced by the Town with assistance from the neighborhood. Additional open space (26 acres)will be forthcoming in the Second Filing.The Developer,Gary Nordic,was commended on providing the open space.It was moved and seconded (Hix/Pauley)Ordinance #2-98 be approved,and it passed unanimously.Attorney White expressed his.appreciation to Kenneth Oldham,Land Trust Attorney for drafting the easement documents. 10.Liquor Licensing: A.Transfer of Ownership from Surrey Restaurant,Inc.to Phoenix Rocky Mountain Ventures LLC,dba L CASA OF ESTES PARK,222 E.Elkhorn Ave.,Hotel and Restaurant License.John Taylor,Owner and Tom DeLeo,Manager addressed the Town Board stating they intend to restore the restaurant to what it once was,and they are anxious to become good community citizens.Trustee Baudek noted that the Town Board takes liquor licensing seriously,and that liquor laws are strictly enforced. Mr.Taylor stated they intend to participate in the TIPS program for liquor licensees.It was moved and seconded (Baudek/Hix)the Transfer of Ownership to Board of Trustees —January 13 1998 —Page 5 Phoenix Rocky Mountain Ventures LLC be approved,and it passed unanimously. B.History of Show Cause Hearings.As an informational item,Clerk O’Connor presented this report that listed State and Local Show Cause Liquor Hearings beginning with 1990.- C.Proposed Liquor License Stipulation Guidelines.In cooperation with the Police Dept.,Clerk O’Connor presented said guidelines that would formalize how staff could negotiate Stipulation Agreements with liquor licensees facing violations of the State Liquor Code.The Town Board may amend,approve,or dehy any Stipulation Agreement;if denied,the Town Board would proceed with a Show Cause Hearing.The proposal listed the regulation number,code violation,total suspension allocation,and actual time served.Clerk O’Connor requested the proposed guidelines be approved, including adding said guidelines to the.Town Clerk’s Policy/Procedure Manual.It was moved and seconded (Baudek/Hix)the Stipulation Guidelines be.approved, including amendment to the Policy/Procedure Manual,and it passed unanimously.Trustee Baudek stated that the guidelines will be very helpful. 11.Town Administrator’s Report: A.National Geographic Update.Administrator Klaphake reviewed a letter dated December 30,1997 written by Kimball Rogers,Director of Development/Destination Cinema,announcing DCI opted to withdraw from the theater/interpretive center -in Estes Park.The withdrawal was based on economics and timing.National Geographic is reorganizing.Administrator Klaphake advised there will not be a ballot question for the sale of the Municipal Building on the April 7th election;however,the Town does intend to continue discussion with National Geographic’s new CEO.Dale Vrabek,Koral Heights,requested the Town expand on the Town’s desire to relocate the Municipal Building. Mayor ProTem Doylen noted that the only reasonthe sale of the building was considered was due to Destination Cinema’s approach for the theatre/interpretive center. Staff reported that the Municipal Building may have a higher and better use,however,Town offices could survive at their present site. B.Stanley Hall Preservation Project.The Trustees reviewed the Contract with the State Historical Society for Phase II.Administrator Klaphake reviewed Phase I, stating that all 1997 funds were not expended.For budget purposes,staff is requesting authorization to carry—over the $30,000 from the 1997 budget into 1998. The Phase II construction plan was reviewed,including the grant with the Historical Society,Town and Stanley Hotel.The Town’s funding remains at $30,000.It was moved and seconded (Pauley/Marshall)the 1997 Budget of $30,000 be carried-over to the 1998 Budget,and that the Mayor be authorized to execute the Contract for Phase II,and it passed unanimously. Board of Trustees -January 13,1998 -Page 6 C.Senior Center Renovation Project.Bids for the renovation were received,as the bids were higher than the engineer’s estimate,staff is analyzing the budget for financial options.A special meeting may be necessary to consider the bids and funding.The seniors have done a marvelous job in fundraising efforts. Staff will distribute a bid summary prior to the Town Board meeting. Planning Commissioner Ed Pohi offered a brief report on the newly-appointed Estes Valley Planning Commission.Al Sager was appointed Chairman,and Wendell .mos was appointed Vice Chairman. 12.Request to enter Executive Session to discuss land negotiations.At Administrator Kiaphake’s request,it was moved and seconded (Barkr/Hix)the Board of Trustees enter Executive Session to discuss land negotiations.Mayor ProTem Doylen reported that the Town Board will reconvene to open session immediately following the Executive Session. Following completion of all agenda items,Mayor ProTem Doylen adjourned the meeting to Executive Session at 9:40 p.m. (‘/ Vickie O’Connor,Town Clerk 77 /2. Susan L.Doylen,ayor ProTein Mayor ProTem Doylen reconvened the meeting at 10:11 p.m. jTract 4,Stanley Historic District Land Purchase.Mayor ProTem Doylen read -a memorandum from Mayor Dekker,which,in summary,the Mayor urged the Town Board to continue with the land purchase option.The total land price was $807,000, and the next payment is due February l.A genuine offer has been made to Mr.Findley,and 40 condominium units are planned.It was moved and seconded (Pauley/Baudek)the Town continue with the purchase option for potential future public use,and it passed unanimously. There being no further business,Mayor ProTem Doylen adjourned the meeting at 10:15 p.m. Vickie O’Connor,Town Clerk n n H