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HomeMy WebLinkAboutMINUTES Town Board 1998-03-10‘Town of Estes Park,Larimer County,Colorado,March 10,1998 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 10th day of March,1998. Meeting called to order by Mayor Robert L.Dekker. Present:Robert L.Dekker,Mayor Susan L.Doylen,Mayor ProTem Trustees Jeff Barker John Baudek George J.Hix William J.Marshall J.Donald Pauley Also Present:Gary F.Klaphake,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: A Noon Rotary Member announced the 1998 Duck Fest Event which will begin with the “Waddle off”3/19 at 5:30 p.m.at the Holiday Inn.The Duck Race is scheduled 5/2,and the Club anticipates surpassing the 1/4 Million Dollar mark this year.Everyone was encouraged to attend. Patrick Cipolla responded to Trustee Baudek’s previous comments made during a Town Board meeting.In Mr.Cipolla’s opinion,the 1%growth limit will not take away property rights.Relative to property rights,Mr.Cipolla questioned a recent proposal for the Bob’s Amoco property that was denied by the Board of Adjustment. TOWN BOARD COMMENTS: None. CONSENT CALENDAR: 1.Town Board Minutes dated February 24,1998. 2.Bills. 3.Committee Minutes: A.Public Works,February 26,1998 —Approval of budget expenditures: Vehicle purchase (Street Dept.and Water) 2.Van Horn Engineering Scope of Services/Manford Ave.Sidewalk-Baldwin Park Boardwalk. 3.Highway 36 Traffic Counter. 4.Garage Door Operators. Board of Trustees -March 10,1998 -Page 2 5.Municipal Building Roof. 6.1998 Water Dept.Loop Project Design and Construction Management/BMC Scope of Services. B.Community Development,March 5,1998: 1.Authorize Special Events Director Hinze to negotiate a design/build agreement with an electrical contractor. C.Planning Commission,February 17,1998 (acknowledgment only). D.Board of Adjustment,March 3,1998 (acknowledgment only). 4.Amended Plat of Lots 7 and 8,The Reserve,First Filing, Charles and Gail Banning/Applicants.This plat is being withdrawn;the Applicant must request future placement on the Town Board agenda. 5.Amended Plat of Grey Fox Estates at Cedar Ridge,First andSecondFiling,Richard and Ann Barlow.This plat is being withdrawn;the Applicant must request future placement on the Town Board agenda. 6.Special Use Permit between Rocky Mountain National Park and Town/Fire Dept.(structural fire protection)—Public Safety,February 19,1998. It was moved and seconded (Doylen/Hix)the consent calendar beapproved,and it passed unanimously. ACTION ITEMS: 1,1%Limited Growth for Residential Dwelling Units.Mayor Dekker read a “Joint Statement of Position”opposing the 1% limited growth ballot proposition.The joint statement was executed by the Board of Trustees and Larimer County Commissioners.Comments were heard from each Trustee:Hix— opposes the proposal as he believes the Trustees have been good stewards,he is encouraged with the appointment of the new Planning Commission and would like the new Comp Plan completed within a year or so.Baudek—encouraged everyone to think of all implications both positive and negative, passage could have a big impact to the Town,he personally believes the negatives outweigh the positives.Doylen— opposes the proposal as it primarily escalates property values (cited Boulder whose economy has been slipping since their growth initiative),there is a need for diversity in the community.Barker—opposes the proposal as he believes the Comp Plan is an attempt to find middle ground,and disagrees that limited growth is not taking away property rights.Pauley—the limited growth would encourage sprawl into the adjoining County,it would have a negative impact to RNNP,it is a denial of property rights as a property owner may have to wait to get a building permit,and itdiscouragesaffordablehousing(major issue).Marshall— passage would have a terrible impact on the service people in the Valley,and employers are now recruiting service people internationally,and in a recent discussion,he was Board of Trustees -March 10,1998 -Page 3 advised that Longmont raised property values $5,000 with the recent Boulder growth limit. Clerk O’Connor read a letter opposing the growth limit dated March 8,1998 written by resident Randy Jones.Patrick Cipolla,proponent of the limited growth issue commented on: urban sprawl,property rights,Comp Plan (will have urban sprawl regardless),if people inside city limits vote yes, County residents will follow;he submitted the petition with signatures including a proposed ballot question (which was used in other municipalities),and the Town disregarded the ballot question completely.Citing 1-40—106,the Town Board had an obligation to determine the petitioner’s intention. He had prepared a 9—page implementation plan that he offered to the Clerk and he has not been contacted by any Board member.In Mr.Cipolla’s opinion,the Town has an unlimited growth plan and lots of people are concerned with this. Enda Kiley commented that it was very discouraging that no one has a good word to say.She will be voting yes because it is a step in the right direction for quality of life. Everyone is a share holder and they need to speak out and say there needs to be a better balance between development and open space for wildlife,etc. Steve McFarland/CBA President,read a 5—point Resolution which has been adopted by the CRA Board opposing the proposition:1)it is an erroneous assumption that support will control growth,it only addresses supply not demand;2) it is an outmoded thought on urban planning;3)it will directly cause an increase in the cost of services;4)it will contribute to automobile traffic &parking problems; and 5)it will penalize buffer zones,as it will push boundaries to PNNP,adding pressure to wildlife.The CRA is urging everyone to vote no as the initiative is a step in the wrong direction. Eric Blackhurst/Forward Estes Park Foundation—the Foundation strongly opposes the proposal as it is an ill conceived and poorly planned initiative,in fact,the proponent is already trying to amend it.The intent was clear——to limit growth on residential units to 1%. Ross Brown opposes the initiative based on qualify of life. He has attended many Town Board meetings and the Board has always given the people an opportunity to be heard.The Board has a method in place to control growth,and he commended Town staff,the Planning Commission,and the Town Board. Patrick Cipolla added that amendments would not have been necessary if the Town Board would have talked to him in October;his proposal is not ill conceived;land prices do not rise pursuant to limited growth,they rise in accordance with inflation.Mr.Cipolla is bringing a planner from Golden to Estes Park on March 20th to explain and satisfy claims that have been made. Mayor Dekker expressed the Board’s appreciation for all comments expressed on this issue. 1.Virginia Drive Right-of-Way Deed of Dedication Vacation and Ordinance #5-98.A.Public Works Director Linnane briefed the Trustees on this request for the Town to vacate a Board of Trustäes -March 10,1998 -.Page 4 portion of Virginia Dr.in return for a dedication of aportionofthepropertyforapublicstreet.Town AttorneyWhitepreparedtheDeedofDedicationandAgreement.It wasmovedandseconded(Marshall/Hix)the Deed of.Dedication andAgreementbeapproved,and it passed unanimously. B.Attorney White read the Ordinance vacating a portion ofVirginiaDrive,and it was moved and seconded (Hix/Baudek)Ordinance #5-98 be approved,and it passed unanimously. 3.Ranch Meadow Utility Easement Vacation,Ordinance #6-98.Public Works Director Linnane reported on a request for theTowntovacatethewesterly1.0’of an existing 20’utilityeasementforLot26astheeasterlyunitofthecondominium(garage)was constructed into the easement.Town AttorneyWhitereadtheOrdinance,and it was moved and seconded(Doylen/Hix)Ordinance #6-98 vacating a portion of theutilityeasementofRanchMeadowSubdivisionbeapproved.Trustee Baudek coimnented that the Town Board may one day say“no”to such easement vacations,and forewarned contractorsandpropertyownerstorefrainfrombuildinginexistingeasements.The motion passed unanimously. 4.mended Plat of Lot 1,Hartland Subdivision,a Replat of Lot7,S.St.Vram Addition and Lot 1,Esquire AcresSubdivisionofLot8,S.St.Vram Addn.,John and SusanBaptista/Applicants.This plat is being withdrawn;theApplicantmustrequestfutureplacementonfutureTownBoardagenda. 5.Special Review #98-02,Mountain Man Subdivision,Total GasandStingers,Windy City LLP/Applicant.Mayor Dekker openedthepublichearing.Sr.Planner Joseph outlined thedevelopmentplanrequestinganoutdooreatingareainacommercialzone.Use of outdoor tables is allowed bySpecialReview.The owner is proposing outdoor eating areasontwotablesontheeastside,and four on the west side ofthebuilding.Subsequently,the Applicant is beingrequestedtocomplywithexistingCoderegulationsthatdonotallowoutdoordisplayofsaleitems.Trustee Doylennotedthataplanterisonthewestsideofthesite,andquestionedwhatwasontheeasttodefinetheseatingareaandthethrough—way for the gas station.Staff could notrespond.There being no public testimony,Mayor Dekkerclosedthepublichearing.It was moved and seconded(Doylen/Hix)Special Review #98-02,Mountain ManSubdivision,Total Gas and Stingers be approved,includingthePlanningCommissionconditionsrestrictingtheoutdooreatingareatothatdefinedontheDevelopmentPlan,andcompliancewiththeCoderelatingtooutdoordisplayofsalesitems,and a concern that the east side area be betterdefined,and it passed unanimously. 6.A.Resolution #3-98 Setting Public Hearing for New Beer andWineLiquorLicenseApplicationfiledbySweetBasilCafé,Inc.,401 E.Elkhorn Ave.It was moved and seconded(Marshall/Hix)Resolution #3-98,which was read by AttorneyWhite,be approved,and it passed unanimously. B.Transfer of Ownership from Timberline Steakliouse &Lounge/Kenneth E.Nelson,to Phillips Management Systems,Inc.,dba TIMBERLINE FAMILY RESTAURANT,INC.451 S.St.Vram Ave.,Tavern Liquor License.The Clerk confirmed that Board of Trustees -March 10,1998 -Page 5 the application is complete.Tim Phillips commented on his restaurant experience,and reported that he has inquired about Liquor T.I.P.S.training and he and his staff will be attending class.Trustee Baudek noted that the Board and Police Dept.take liquor licensing very seriously,and cautioned the applicant to adhere to liquor laws.It was moved and seconded (Hix/Doylen)the Transfer of Ownership to Phillips Management Systems,Inc.be approved,and it passed unanimously.The Board expressed their best wishes to Mr. and Mrs.Phillips on this new venture. C.Transfer of Ownership from Don R.and Marg Spomer,to Don R.,Marg,and Darcy A.Spomer,dba SPUR 66 LIQUOR,900 Moraine Ave.Clerk O’Connor confirmed that the application is complete,and it was moved and seconded (Doylen/Marshall) the Transfer of Ownership to Don,Marg and Darcy Spomer be approved,and it passed unanimously. 7.Resolution #4-98 Lowering the assessment for participants in the Park Entrance Estates SID.#95-1.Finance Officer Vavra reviewed high points of this Resolution.Staff is proposing that Section 6 be revised to re—calculate the interest percentage to avoid a fund balance.The interest rate will be no lower than 5.99%.Staff has contacted the Bond Holder and he has verbally agreed to a lower interest rate,however,the re-calculation must be formally presented to him.The total amount of refund is $63,735.It was moved and seconded (Pauley/Marshall)Resolution #4-98 be approved,including revision of Section 6 pertaining to the interest rate,and it passed unanimously. 8.Town Administrator’s Report: A.Stanley Hall Preservation Project,Phase I -Selection of Electrical Contractor.In a memorandum dated March 5,1998,Project Officer Anderson briefed the Trustees on the electrical wiring portion of the Project.Based on qualifications,depth of institutional experience, and interview,staff is recommending Estes Valley Electric,Inc.be retained for the electrical work on Stanley Hall.A Time and Material contract is also being recommended.The total value of the allocated portion of the grant will not be exceeded,and the work is estimated at $100,000,including engineering, electrical work and design of the theater lighting system.It was moved and seconded (Marshall/Baudek) Estes Valley Electric,Inc.be selected as the electrical contractor,and it passed unanimously. It was moved and seconded (Hix/Pauley)the Town Board enter Executive Session to discuss personnel issues as requested by Administrator Kiaphake,and it passed unanimously. Following completion of all agenda ,tems,Mayor Dekker adjourned the meeting to Executive Session at/8.34 p.m. Ro ert L.Dekker,Mayor Vickie O’Connor,Town Clerk